Common use of Event of Default Damages Remedies Clause in Contracts

Event of Default Damages Remedies. (a) From and after the occurrence of an Event of Default, Lessor may: (i) give notice to Lessee of Lessor’s intention to terminate this Lease on the date specified in such notice, which date shall be no earlier than twenty (20) days following the date of such notice (the “Termination Date”). Until and including the Termination Date, Lessee shall have the right to restore the terms of this Lease (“Lessee’s Restoration Right”) by curing any default and, if such default is a monetary default, by providing Lessor a security deposit in an amount equal to (x) one (1) month’s of the Fixed Annual Rent then in effect if such monetary default is cured within five (5) days of delivery of notice, (y) two (2) month’s of the Fixed Annual Rent then in effect if such monetary default is cured after five (5) days but not more than ten (10) days of delivery of notice, and (z)three (3) months of the Fixed Annual Rent then in effect if such default is cured at any time after ten (10) days of delivery of notice through the end of the aforesaid twenty (20) day period. If Lessee fails to restore this Lease as provided hereinabove, upon such date, this Lease, the estate hereby granted and all rights of Lessee hereunder shall expire and terminate. Upon such termination, Lessee shall immediately surrender and deliver possession of the Premises to Lessor in the condition required by the terms of this Lease as if such date was the Expiration Date. If Lessee does not so surrender and deliver possession of all of the Premises, Landlord may re-enter and repossess the Premises not surrendered by any available legal process. Upon or at any time after taking possession of the Premises, Lessor may, by legal process, remove any persons or property therefrom. Lessor will be under no liability for or by reason of any such entry, repossession or removal; or (ii) subject to Lessee’s Restoration Right, terminate Lessee’s right of possession and may repossess and re-enter the Premises by any available legal process without thereby releasing Lessee from any liability hereunder and, except as required by applicable law, without demand or notice of any kind to Lessee and without terminating this Lease. After repossession of the Premises pursuant hereto, Lessor will have the right to relet the Premises to such tenant or tenants, for such term or terms, for such rent, on such conditions and for such uses as Lessor in its sole discretion may determine, and collect and receive any rents payable by reason of such reletting. However, Lessor agrees to exercise commercially reasonable efforts to mitigate damages and Lessee, in any event, shall be and remain liable to Lessor for any rental shortfall between the Rent payable hereunder by Lessee and the rent received by Lessor as a result of any such reletting. Lessor may make such alterations in connection with such reletting as it may deem advisable in its sole discretion. Notwithstanding any such termination of Lessee’s right of possession of the Premises, Lessor may at any time thereafter elect to terminate this Lease and in such event lessor will have the rights and remedies specified in the foregoing Section 24(a)(i). (b) Upon re-entry by Lessor, expiration or termination of this Lease or dispossession by summary proceeding or otherwise, Lessee shall be responsible for the following: (i) Rent up to the time of such re-entry, dispossess or expiration of the Term of this Lease; (ii) Rent for the balance of the full Term, all of which shall be accelerated and due and payable as of the date of default, re-entry by Lessor, termination of this Lease or entry of a judgment of possession, whichever date first occurs (the “Accelerated Rent”) less the amount of rent that is actually received by Lessor if and when Lessor relets the Premises; (iii) The payment of all actual, reasonable sums incurred by Lessor in putting the Premises in good order or preparing the same for re-rental, including brokerage and advertising fees; (iv) Reasonable attorney's fees and expenses resulting from Lessor enforcing any of the remedies described above, or in the enforcement of this Lease or in defending any claim brought against Lessor by Lessee against which Lessor successfully defends; and (v) In addition, Lessor shall have such other remedies as are then available to it by law or in equity. Except as otherwise provided herein, all remedies are cumulative and concurrent and no remedy is exclusive of any other remedy. Each remedy may be exercised at any time an Event of Default has occurred and is continuing and may be exercised from time to time. No remedy shall be exhausted by any exercise thereof. (c) The obligations of Lessee under this Section shall survive the expiration or termination of this Lease.

Event of Default Damages Remedies. (a) From and after the occurrence of an Event of Default, Lessor may: (i) may give notice to Lessee of Lessor’s intention to either (x) terminate this Lease and the estate hereby granted and all rights of Lessee hereunder, or (y) terminate Lessee’s right of possession, on the date specified in such notice, which date shall be no earlier than twenty (20) days following the date of such notice [***]233 (the “Termination Date”). Until and including the Termination Date, Lessee shall have the right [***]234. The requirement to restore the terms of this Lease (“Lessee’s Restoration Right”) by curing any default and, if provide such default is a monetary default, by providing Lessor a security deposit in the applicable amount (as described in the preceding sentence) shall apply each time Lessor delivers to Lessee a notice of Lessor’s intention to terminate this Lease following an amount equal to (x) one (1) month’s Event of the Fixed Annual Rent then in effect if such monetary default is cured within five (5) days of delivery of notice, (y) two (2) month’s of the Fixed Annual Rent then in effect if such monetary default is cured after five (5) days but not more than ten (10) days of delivery of notice, and (z)three (3) months of the Fixed Annual Rent then in effect if such default is cured at any time after ten (10) days of delivery of notice through the end of the aforesaid twenty (20) day periodDefault. If Lessee fails to cure all outstanding Events of Default and restore this Lease as provided hereinaboveabove and Lessor elects to terminate this Lease, upon such datethe Termination Date, this Lease, the estate hereby granted and all rights of Lessee hereunder shall expire and terminateterminate upon the Termination Date. Upon such termination, Lessee shall immediately surrender and deliver possession of the Premises and the Equipment to Lessor in the condition required by the terms of this Lease as if such date was the Expiration Date. If Lessee does not so surrender and deliver possession of all of the PremisesPremises and the Equipment, Landlord Lessor may re-enter and repossess the Premises and the Equipment not surrendered by any available legal process. Upon or at any time after taking possession of the Premises, Lessor may, by legal process, remove any persons or property therefrom. Lessor will be under no liability for or by reason of any such entry, repossession or removal; or (ii) subject . If Lessee fails to Lessee’s Restoration Rightcure all outstanding Events of Default and restore this Lease as provided 233 [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. 234 [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. above and Lessor elects to terminate Lessee’s right of possession possession, upon the Termination Date, Lessee’s right to possess the Premises and the Equipment shall be terminated and Lessor may repossess and re-enter the Premises by any available legal process without thereby releasing Lessee from any liability hereunder and, except as required by applicable law, without demand or notice of any kind to Lessee and without terminating this Lease. After repossession of the Premises pursuant hereto, Lessor will have the right to relet the Premises to such tenant or tenants, for such term or terms, for such rent, on such conditions and for such uses as Lessor in its sole discretion may determine, and collect and receive any rents payable by reason of such reletting. Howeverre-letting, Lessor agrees to exercise commercially reasonable efforts to mitigate damages and Lessee, in any event, Lessee shall be and remain liable to Lessor for any rental shortfall between the Rent payable hereunder by Lessee and the rent received by Lessor as a result of any such relettingre-letting. Lessor may make such alterations in connection with such reletting re-letting as it may deem advisable in its sole discretion. Notwithstanding any such termination of Lessee’s right of possession of the PremisesPremises and the Equipment, Lessor may at any time thereafter elect to terminate this Lease and in such event lessor Lessor will have the rights and remedies specified in the foregoing Section 24(a)(i)paragraph immediately above. (b) Upon re-entry by Lessor, expiration or termination of this Lease or dispossession by summary proceeding or otherwise, Lessee shall be responsible for the following: (i) Rent up to the time of such re-entry, dispossess or expiration of the Term of this Lease; (ii) Rent for the balance of the full Term, all of which shall be accelerated and due and payable as of the date of default, re-entry by Lessor, termination of this Lease or entry of a judgment of possession, whichever date first occurs (the “Accelerated Rent”) less the amount of rent that is actually received by Lessor if and when Lessor relets the Premises; (iii) The payment of all actual, reasonable sums incurred by Lessor in putting the Premises in good order or preparing the same for re-rental, including brokerage and advertising fees; (iv) Reasonable attorney's fees and expenses resulting from Lessor enforcing any of the remedies described above, or in the enforcement of this Lease or in defending any claim brought against Lessor by Lessee against which Lessor successfully defends; and (v) In addition, Lessor shall have such other remedies as are then available to it by law or in equity. Except as otherwise provided herein, all remedies are cumulative and concurrent and no remedy is exclusive of any other remedy. Each remedy may be exercised at any time an Event of Default has occurred and is continuing and may be exercised from time to time. No remedy shall be exhausted by any exercise thereof. (c) The obligations of Lessee under this Section shall survive the expiration or termination of this Lease.

Event of Default Damages Remedies. (a) From and after the occurrence of an Event of Default, Lessor may: (i) give notice to Lessee of Lessor’s intention to terminate this Lease on the date specified in such notice, which date shall be no earlier than twenty (20) days following the date of such [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 UNDER THE SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED. notice (the “Termination Date”). Until and including the Termination Date, Lessee shall have the right to restore the terms of this Lease (“Lessee’s Restoration Right”) by curing any default and, if such default is a monetary default, by providing Lessor a an additional security deposit in an amount equal to (x) one (1) month’s of the Fixed Annual Rent then in effect if such monetary default is cured within five (5) days of delivery of notice, (y) two (2) month’s of the Fixed Annual Rent then in effect if such monetary default is cured after five (5) days but not more than ten (10) days of delivery of notice, and (z)three z) three (3) months of the Fixed Annual Rent then in effect if such default is cured at any time after ten (10) days of delivery of notice through the end of the aforesaid twenty (20) day period. The requirement to provide such security deposit in the applicable amount (as described in the preceding sentence) shall apply each time Lessor delivers to Lessee a notice of Lessor’s intention to terminate this Lease following an Event of Default by Lessee. If Lessee fails to restore this Lease as provided hereinabove, upon such date, this Lease, the estate hereby granted and all rights of Lessee hereunder shall expire and terminate. Upon such termination, Lessee shall immediately surrender and deliver possession of the Premises to Lessor in the condition required by the terms of this Lease as if such date was the Expiration Date. If Lessee does not so surrender and deliver possession of all of the Premises, Landlord Lessor may re-enter and repossess the Premises not surrendered by any available legal process. Upon or at any time after taking possession of the Premises, Lessor may, by legal process, remove any persons or property therefrom. Lessor will be under no liability for or by reason of any such entry, repossession or removal; or (ii) subject Subject to Lessee’s Restoration Right, terminate Lessee’s right of possession and may repossess and re-enter the Premises by any available legal process without thereby releasing Lessee from any liability hereunder and, except as required by applicable law, without demand or notice of any kind to Lessee and without terminating this Lease. After repossession of the Premises pursuant hereto, Lessor will have the right to relet the Premises to such tenant or tenants, for such term or terms, for such rent, on such conditions and for such uses as Lessor in its sole discretion may determine, and collect and receive any rents payable by reason of such reletting. However, Lessor agrees to exercise commercially reasonable efforts to mitigate damages and Lessee, in any event, shall be and remain liable to Lessor for any rental shortfall between the Rent payable hereunder by Lessee and the rent received by Lessor as a result of any such reletting. Lessor may make such alterations in connection with such reletting as it may deem advisable in its sole discretion. Notwithstanding any such termination of Lessee’s right of possession of the Premises, Lessor may at any time thereafter elect to terminate this Lease and in such event lessor will have the rights and remedies specified in the foregoing Section 24(a)(i). (b) Upon re-entry by Lessor, expiration or termination of this Lease or dispossession by summary proceeding or otherwise, Lessee shall be responsible for the following: (i) Rent up to the time of such re-entry, dispossess dispossession or expiration of the Term of this Lease; (ii) Rent for the balance of the full Term, all of which shall be accelerated and due and payable as of the date of default, re-entry by Lessor, termination of this Lease or entry of a judgment of possession, whichever date first occurs (the “Accelerated Rent”) less the amount of rent that is actually received by Lessor if and when Lessor relets the Premises; (iii) The payment of all actual, reasonable actual sums incurred by Lessor in putting the Premises in good order or preparing the same for re-rental, including brokerage and advertising fees; (iv) Reasonable attorney's attorneys’ fees and expenses resulting from Lessor enforcing any of the remedies described above, or in the enforcement of this Lease or in defending any claim brought against Lessor by Lessee against which Lessor successfully defends; and (v) In addition, Lessor shall have such other remedies as are then available to it by law or in equity. Except as otherwise provided herein, all remedies are cumulative and concurrent and no remedy is exclusive of any other remedy. Each remedy may be exercised at any time an Event of Default has occurred and is continuing and may be exercised from time to time. No remedy shall be exhausted by any exercise thereof. (c) The obligations of Lessee under this Section shall survive the expiration or termination of this Lease.

Event of Default Damages Remedies. (a) From and after the occurrence of an Event of Default, Lessor may: (i) Landlord may give notice to Lessee Tenant of LessorLandlord’s intention to either (x) terminate this Lease and the estate hereby granted and all rights of Tenant hereunder, or (y) terminate Tenant’s right of possession, on the date specified in such notice, which date shall be no earlier than twenty twenty-five (2025) days following the date of such notice (the “Termination Date”). Until and including the Termination Date, Lessee Tenant shall have the right to restore the terms of this Lease (“LesseeTenant’s Restoration Right”) by curing any default all outstanding defaults and, if any such default is a monetary default, by providing Lessor Landlord a cash security deposit in an amount equal to (x) one (1) month’s month of the Fixed Annual Rent then in effect if such monetary default is cured within five (5) days Business Days of delivery the giving of notice, (y) two (2) month’s months of the Fixed Annual Rent then in effect if such monetary default is cured after five (5) days Business Days but not more than ten (10) days Business Days of delivery the giving of notice, and (z)three z) three (3) months of the Fixed Annual Rent then in effect if such default is cured at any time after ten (10) days Business Days of delivery the giving of notice through the end of the aforesaid twenty twenty-five (2025) day period. The requirement to provide such security deposit in the applicable amount (as described in the preceding sentence) shall apply each time Landlord delivers to Tenant a notice of Landlord’s intention to terminate this Lease following an Event of Default. If Lessee Tenant fails to cure all outstanding Events of Default and restore this Lease as provided hereinaboveabove and Landlord elects to terminate this Lease, upon such date, then this Lease, the estate hereby granted and all rights of Lessee Tenant hereunder shall expire and terminateterminate upon the Termination Date. Upon such termination, Lessee Xxxxxx shall immediately surrender and deliver possession of the Premises to Lessor Landlord in the condition required by the terms of this Lease as if such date was the Expiration Date. If Lessee Xxxxxx does not so surrender and deliver possession of all of the Premises, Landlord may re-enter and repossess the Premises not surrendered by any available legal process. Upon or at any time after taking possession of the Premises, Lessor Landlord may, by legal process, remove any persons or property therefrom. Lessor Except to the extent of Xxxxxxxx’s negligence or other misconduct, Landlord will be under no liability for or by reason of any such entry, repossession or removal; or (ii) subject . If Tenant fails to Lessee’s Restoration Right, cure all outstanding Events of Default and restore this Lease as provided above and Landlord elects to terminate LesseeTenant’s right of possession and possession, then Tenant’s right to possess the Premises shall be terminated on the Termination Date, whereupon Landlord may repossess and re-enter the Premises by any available legal process without thereby 23 releasing Lessee Tenant from any liability hereunder and, except as required by applicable law, without further demand or notice of any kind to Lessee Tenant and without terminating this Lease. After repossession of the Premises pursuant hereto, Lessor Landlord will have the right to relet the Premises to such tenant or tenants, for such term or terms, for such rent, on such conditions and for such uses as Lessor Landlord in its sole discretion may determine, and collect and receive any rents payable by reason of such reletting. Howeverre-letting, Lessor agrees to exercise commercially reasonable efforts to mitigate damages and Lessee, in any event, Tenant shall be and remain liable to Lessor Landlord for any rental shortfall between the Rent payable hereunder by Lessee Xxxxxx and the rent received by Lessor Landlord as a result of any re-letting and all costs and expenses incurred by Landlord in connection with such relettingreletting including, without limitation, brokerage fees, and attorney’s fees and expenses. Lessor Landlord hereby agrees to use diligent and commercially reasonable efforts to mitigate its damages arising out of any default by Tenant, but such obligation shall not require Landlord to prioritize the reletting of the Premises over other vacant premises of Landlord or its affiliate entities. Landlord may make such alterations in connection with such reletting re-letting as it may deem advisable in its sole discretion. Notwithstanding any such termination of LesseeTenant’s right of possession of the Premises, Lessor Landlord may at any time thereafter elect to terminate this Lease and in such event lessor Landlord will have the rights and remedies specified in the foregoing Section 24(a)(i)paragraph immediately above. (b) Upon re-entry by Lessor, expiration or termination of this Lease or dispossession by summary proceeding or otherwise, Lessee shall be responsible for the following: (i) Rent up to the time of such re-entry, dispossess or expiration of the Term of this Lease; (ii) Rent for the balance of the full Term, all of which shall be accelerated and due and payable as of the date of default, re-entry by Lessor, termination of this Lease or entry of a judgment of possession, whichever date first occurs (the “Accelerated Rent”) less the amount of rent that is actually received by Lessor if and when Lessor relets the Premises; (iii) The payment of all actual, reasonable sums incurred by Lessor in putting the Premises in good order or preparing the same for re-rental, including brokerage and advertising fees; (iv) Reasonable attorney's fees and expenses resulting from Lessor enforcing any of the remedies described above, or in the enforcement of this Lease or in defending any claim brought against Lessor by Lessee against which Lessor successfully defends; and (v) In addition, Lessor shall have such other remedies as are then available to it by law or in equity. Except as otherwise provided herein, all remedies are cumulative and concurrent and no remedy is exclusive of any other remedy. Each remedy may be exercised at any time an Event of Default has occurred and is continuing and may be exercised from time to time. No remedy shall be exhausted by any exercise thereof. (c) The obligations of Lessee under this Section shall survive the expiration or termination of this Lease.