Common use of Damages Upon Lease Termination Clause in Contracts

Damages Upon Lease Termination. In the event that Landlord elects to terminate this Lease, then, in addition to all other rights and remedies of Landlord, Tenant shall remain liable to pay to Landlord as damages an amount equal to (i) all Rent due hereunder accrued and unpaid for the period up to and including the Termination Date, plus (ii) all other additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may then be owing and unpaid, plus (iii) all costs and expenses, including, without limitation, court costs and reasonable attorneys’ fees incurred by Landlord in the enforcement of any of its rights and remedies hereunder, plus (iv) the present value (based upon a discount rate of five percent per annum) of the Rent provided to be paid for the remainder of the Term, less the fair market value of reletting the Premises for the remainder of the Term, taking into account the time and expense necessary to relet the Premises, including, without limitation, the expenses enumerated in Section 21.3, plus (v) interest on the foregoing amounts at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid. In the alternative, Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable to pay Landlord for, (i) all Rent and other amounts due and owing under this Lease not previously paid pursuant to the provisions of this Lease, plus (ii) damages equal to the sum of (y) all Rent and all other sums which would have accrued under this Lease after the date of termination had it not been terminated, such damages to be due and payable as such sums would have become due, less (z) such amounts as Landlord may actually receive from reletting after first paying all costs of such reletting, including, without limitation, the expenses enumerated in Section 21.3 and the net amounts of rent collected remaining after such expenses shall operate only as an off setting credit against the amount due hereunder with any excess or residue belonging solely to Landlord, plus interest on the foregoing sum at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid.

Damages Upon Lease Termination. In the event that If Landlord elects to terminate this Lease, then, in addition to all other rights and remedies of Landlord, Tenant shall remain liable to pay to Landlord as damages an amount equal to (i) all Rent due hereunder accrued and unpaid for the period up to and including the Termination Date, plus (ii) all other additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may then be owing and unpaid, plus (iii) all costs and expenses, including, without limitation, court costs and reasonable attorneys’ fees incurred by Landlord in the enforcement of any of its rights and remedies hereunder, plus (iv) the present value (based upon a discount rate of five percent per annum) of the Rent provided to be paid for the remainder of the Term, less the fair market value of reletting the Premises for the remainder of the Term, taking into account the time and expense necessary to relet the Premises, including, without limitation, the expenses enumerated in Section 21.3, plus (v) interest on the foregoing amounts at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid. In the alternative, Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable to pay Landlord for, (i) all Rent and other amounts due and owing under terminates this Lease not previously paid pursuant to the provisions of this LeaseSection 16.3.1, plus then, without limiting any other remedy available to Landlord, Landlord shall be entitled to recover from Tenant: (iii) damages equal to the sum worth at the time of (y) all award of the unpaid Base Rent and all other sums amounts which had accrued up to the date of such termination, (ii) the worth at the time of award of the unpaid Base Rent which would have accrued been earned under this Lease after such termination up to the date of termination had it such award (if this Lease were not been so terminated, such damages to be due and payable as such sums would have become due), less (z) such amounts as Landlord may actually receive from reletting after first paying all costs the amount of such reletting, including, without limitation, Base Rent loss that the expenses enumerated in Section 21.3 and Tenant proves could have been reasonably avoided; (iii) the net amounts of rent collected remaining after such expenses shall operate only as an off setting credit against the amount due hereunder with any excess or residue belonging solely to Landlord, plus interest on the foregoing sum worth at the Delinquency Rate from the date of Landlordaward of the unpaid Base Rent which would have been earned under this Lease for the balance of the Term occurring after the date of award (if this Lease were not so terminated), less the amount of such Base Rent loss that the Tenant proves could be reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s notice failure to Tenant demanding payment therefor until paidperform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom (including, but not limited to those amounts of unpaid taxes, insurance premiums and utilities for the time preceding surrender of possession, attorney’s fees, court costs, and all other unpaid amounts hereunder), all of which shall be deemed to be Base Rent hereunder. The “worth at the time of award” of the amount referred to in clause (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent (1%).

Damages Upon Lease Termination. In the event that Landlord elects to terminate this Lease, then, in addition to all other rights and remedies of Landlord, Tenant shall remain liable to pay to Landlord as damages an amount equal to (i) all Rent due hereunder accrued and unpaid for the period up to and including the Termination Date, plus (ii) all other additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may then be owing and unpaid, plus (iii) all costs and expenses, including, without limitation, court costs and reasonable attorneys’ fees incurred by Landlord in the enforcement of any of its rights and remedies hereunder, plus (iv) the present value (based upon a discount rate of five percent per annum) of the Rent provided to be paid for the remainder of the Term, less the fair market value of reletting the Premises for the remainder of the Term, taking Taking into account the time and expense necessary to relet the Premises, including, without limitation, the expenses enumerated in Section 21.3, plus (v) interest on the foregoing amounts at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid. In the alternative, Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable to pay Landlord for, (i) all Rent and other amounts due and owing under this Lease not previously paid pursuant to the provisions of this Lease, plus (ii) damages equal to the sum of (y) all Rent and all other sums which would have accrued under this Lease after the date of termination had it not been terminated, such damages to be due and payable as such sums would have become due, less (z) such amounts as Landlord may actually receive from reletting after first paying all costs of such reletting, including, without limitation, the expenses enumerated in Section 21.3 and the net amounts of rent collected remaining after such expenses shall operate only as an off setting credit against the amount due hereunder with any excess or residue belonging solely to Landlord, plus interest on the foregoing sum at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid.

Damages Upon Lease Termination. In the event that If Landlord elects to terminate terminates this Lease, then, in addition to all other rights and remedies of Landlord, (i) Tenant shall remain liable to pay Landlord for all obligations of Tenant under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord as damages an amount equal to (i) all Rent due hereunder accrued on the date specified in Landlord’s notice of termination, and unpaid for the period up to and including the Termination Date, plus (ii) Landlord may recover from Tenant the sum of: all Base Rent, Additional Rent and all other additional sums payable amounts accrued hereunder to the date of such termination; and all damages incurred by Tenant Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any part of the provisions Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term of this Lease, which may then be owing and unpaidbrokerage fees, plus (iii) all advertising costs and expensesall reasonable expenses incurred by Landlord in pursuing its remedies, including, without limitation, court costs and including reasonable attorneys’ fees incurred and court costs; and (B) the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in the enforcement of any of its rights and remedies hereunderthis Lease, plus (iv) over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (based upon a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, (d) the net effective rental rates then being obtained by landlords for similar type space of similar size in similar type buildings in the general area in which the Premises is located, (e) the vacancy levels in the general area in which the Premises is located, (f) current levels of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annum) of the Rent provided to be paid for the remainder of the Term, less the fair market value of reletting the Premises for the remainder of the Term, taking into account the time and expense necessary to relet the Premises, including, without limitation, the expenses enumerated in Section 21.3, plus (v) interest on the foregoing amounts at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid. In the alternative, Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable to pay Landlord for, (i) all Rent and other amounts due and owing under this Lease not previously paid pursuant to the provisions of this Lease, plus (ii) damages equal to the sum of (y) all Rent and all other sums which would have accrued under this Lease after the date of termination had it not been terminated, such damages to be due and payable as such sums would have become due, less (z) such amounts as Landlord may actually receive from reletting after first paying all costs of such reletting, including, without limitation, the expenses enumerated in Section 21.3 and the net amounts of rent collected remaining after such expenses shall operate only as an off setting credit against the amount due hereunder with any excess or residue belonging solely to Landlord, plus interest on the foregoing sum at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid.