Common use of Extent of Liabilities Clause in Contracts

Extent of Liabilities. If Landlord terminates this Lease or Tenant's right of possession of the Premises pursuant to Paragraph 20.2 hereof: (a) Tenant shall remain liable for and shall pay on demand by Landlord (i) the full amount of all Monthly Base Rent, Percentage Rent and Additional Rent which would have accrued until the date on which this Lease would have expired had such termination not occurred, and any and all damages and expenses incurred by Landlord in reentering and repossessing the Premises, in making good any default of Tenant, in making any Alterations to the Premises, in protecting and preserving the Premises, and in reletting the Premises, and any and all expenses which Landlord may incur during the occupancy of any new tenant, LESS (ii) the net proceeds of any reletting of the Premises which has occurred at the time of the aforesaid demand by Landlord to Tenant. Tenant agrees to pay to Landlord the difference between items (i) and (ii) above for the period through and including the date on which this Lease would have expired if it had not been terminated. Landlord shall be entitled to any excess with no credit to Tenant. Landlord may, in its sole discretion, make demand on Tenant as aforesaid on any one or more occasions, and any suit brought by Landlord to enforce collection of such difference for any one month shall not prejudice Landlord's right to enforce the collection of any difference for any subsequent month or months. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable attorneys' fees, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of any warrant hereunder. (b) If Landlord determines that it is impracticable or extremely difficult to fix the actual damages, then, as an alternative to the remedy set forth in subparagraph (a), Tenant will pay to Landlord on demand, liquidated and agreed final damages for Tenant's default calculated in accordance with this paragraph. Liquidated damages hereunder shall be an amount equal to the excess, if any, of (i) all Monthly Base Rent, Percentage Rent and Additional Rent payable under this Lease from the date of such demand for what would be the then unexpired term of this Lease in the absence of such termination, over (ii) the then fair market rental value of the Premises, as reasonably determined by Landlord. If any law shall limit the amount agreed upon, Landlord shall be entitled to the maximum amount allowable under such law. Nothing herein shall be construed to affect or prejudice Landlord's right to prove, and claim in full, unpaid rent accrued prior to termination of this Lease. (c) Tenant's liability for Percentage Rent for each month following any termination of the Lease or Tenant's right to possession of the Premises through the unexpired Term hereof shall be computed by dividing (i) the total of all amounts which Tenant was liable to pay to Landlord as Percentage Rent hereunder from the Commencement Date until the date upon which this Lease or Tenant's right to possession of the Premises was terminated (or the day Tenant ceased conducting business from the Premises, if such date is earlier) by (ii) the number of months in the Term prior to such date.

Extent of Liabilities. If Landlord terminates this Lease or Tenant's right of possession of the Premises pursuant to Paragraph 20.2 hereof: (a) Tenant shall remain liable for and shall pay on demand by Landlord (i) the full amount of all Monthly Base Rent, Percentage Rent and Additional Rent which would have accrued until the date on which this Lease would have expired had such termination not occurred, and any and all damages and the Unexpired Portion of reasonable expenses incurred by Landlord in reentering and repossessing the Demised Premises, in making good any default of Tenant, in making any Alterations to the Demised Premises, in protecting and preserving the Demised Premises, and in reletting the Demised Premises, and the Unexpired Portion of any and all reasonable expenses which Landlord may incur during to procure the occupancy of any new tenant, LESS (ii) the net proceeds of any reletting of the Demised Premises which has occurred at the time of the aforesaid demand by Landlord to Tenant. Tenant agrees to pay to Landlord the difference between items (i) and (ii) above for the period through and including the date on which this Lease would have expired if it had not been terminated. Landlord shall be entitled to any excess with no credit to Tenant. Landlord may, in its sole discretion, make demand on Tenant as aforesaid on any one or more occasions, and any suit brought by Landlord to enforce collection of such difference for any one month shall not prejudice Landlord's right to enforce the collection of any difference for any subsequent month or months. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable attorneys' fees, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of any warrant hereunder. (b) If Landlord determines that it is impracticable or extremely difficult to fix the actual damages, then, as an alternative to the remedy set forth in subparagraph (a), Tenant will pay to Landlord on demand, liquidated and agreed final damages for Tenant's default calculated in accordance with this paragraph. Liquidated damages hereunder shall be an amount equal to the excess, if any, of (i) all Monthly Base Rent, Percentage Rent and Additional Rent payable under this Lease from the date of such demand for what would be the then unexpired term of this Lease in the absence of such termination, discounted to present value at the rate of five percent (5%) per annum calculated on a monthly basis (the "Discount Rate") over (ii) the then fair market rental value of the Premises, Demised Premises (as reasonably determined by Landlord), discounted to present value at the Discount Rate. If any law shall limit the amount agreed upon, Landlord shall be entitled to the maximum amount allowable under such law. Nothing herein shall be construed to affect or prejudice Landlord's right to prove, and claim in full, unpaid rent accrued prior to termination of this Lease. (c) Tenant's liability for Percentage Rent for each month following any termination of the Lease or Tenant's right to possession of the Premises through the unexpired Term hereof shall be computed by dividing (i) the total of all amounts which Tenant was liable to pay to Landlord as Percentage Rent hereunder from the Commencement Date until the date upon which this Lease or Tenant's right to possession of the Premises was terminated (or the day Tenant ceased conducting business from the Premises, if such date is earlier) by (ii) the number of months in the Term prior to such date.

Extent of Liabilities. If Landlord terminates this Lease or Tenant's right of possession of the Premises pursuant to Paragraph 20.2 hereof: (a) Tenant shall remain liable for and shall pay on demand by Landlord (i) the full amount of all Monthly Base Rent, Percentage Rent and Additional Rent which would have accrued until the date on which this Lease would have expired had such termination not occurred, and any and all damages and expenses incurred by Landlord in reentering and repossessing the Demised Premises, in making good any default of Tenant, in making any Alterations to the Demised Premises, in protecting and preserving the Demised Premises, and in reletting the Demised Premises, and any and all expenses which Landlord may incur during the occupancy of any new tenantTenant, LESS less (ii) the net proceeds of any reletting of the Demised Premises which has occurred at the time of the aforesaid demand by Landlord to Tenant. Tenant agrees to pay to Landlord the difference between items (i) and (ii) above for the period through and including the date on which this Lease would have expired if it had not been terminated. Landlord shall be entitled to any excess with no credit to Tenant. Landlord may, in its sole discretion, make demand on Tenant as aforesaid on any one or more occasions, and any suit brought by Landlord to enforce collection of such difference for any one month shall not prejudice Landlord's right to enforce the collection of any difference for any subsequent month or months. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable attorneys' fees, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of any warrant hereunder. (b) If Landlord determines that it is impracticable or extremely difficult to fix the actual damages, then, as an alternative to the remedy set forth in subparagraph (a), Tenant will pay to Landlord on demand, liquidated and agreed final damages for Tenant's default calculated in accordance with this paragraph. Liquidated damages hereunder shall be an amount equal to the excess, if any, of (i) all Monthly Base Rent, Percentage Rent and Additional Rent payable under this Lease from the date of such demand for what would be the then unexpired term of this Lease in the absence of such termination, over (ii) the then fair market rental value of the Premises, Demised Premises (as reasonably determined by Landlord). If any law shall limit the amount agreed upon, Landlord shall be entitled to the maximum amount allowable under such law. Nothing herein shall be construed to affect or prejudice Landlord's right to prove, and claim in full, unpaid rent accrued prior to termination of this Lease. (c) Tenant's liability for Percentage Rent for each month following any termination of the Lease or Tenant's right to possession of the Premises through the unexpired Term hereof shall be computed by dividing (i) the total of all amounts which Tenant was liable to pay to Landlord as Percentage Rent hereunder from the Commencement Date until the date upon which this Lease or Tenant's right to possession of the Premises was terminated (or the day Tenant ceased conducting business from the Premises, if such date is earlier) by (ii) the number of months in the Term prior to such date.

Extent of Liabilities. If Landlord terminates this Lease or Tenant's right of possession of the Premises pursuant to Paragraph 20.2 hereof: (a) Section 20.3 above, then subject to Section 20.4, Tenant shall remain liable for and shall pay on demand by Landlord (ia) the full amount of all Monthly Base Rent, Percentage Additional Rent and Additional Rent which would have accrued until the date on which this Lease would have expired any other sums due hereunder had such termination not occurred, and any and all damages reasonable, direct, out-of-pocket expenses (including reasonable attorneys’ fees, disbursements and expenses brokerage fees) incurred by Landlord in reentering re-entering and repossessing the Demised Premises, in making good any default of Tenant, in making any Alterations to painting, altering, repairing or dividing the Demised Premises, in protecting and preserving the PremisesDemised Premises by use of security guards and caretakers, and in any reletting of the Demised Premises, and any and all expenses which Landlord may incur during the occupancy of any new tenant, LESS less (iib) the net proceeds of any reletting of the Premises which has occurred at the time of the aforesaid demand by Landlord to Tenant. Tenant agrees to pay to Landlord the difference between items (i) and (ii) above for the period through and including until the date on which this Lease would have expired if it had not been so terminated. Tenant shall pay to Landlord the difference between items (a) and (b) above for each month during the Term, at the end of such month. Landlord shall be entitled to any excess with no credit to Tenant. Landlord may, in its sole discretion, make demand on Tenant as aforesaid on any one or more occasions, and any Any suit brought by Landlord to enforce collection of such difference for any one month shall not prejudice Landlord's ’s right to enforce the collection of any difference for any subsequent month or monthsmonth. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable attorneys' ’ fees, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's ’s liability shall survive the institution of summary proceedings and the issuance of any warrant hereunder. (b) If Landlord determines that it is impracticable or extremely difficult to fix the actual damages, then, as an alternative to the remedy set forth in subparagraph (a), Tenant will pay to Landlord on demand, liquidated and agreed final damages for Tenant's default calculated in accordance with this paragraph. Liquidated damages hereunder shall be an amount equal to the excess, if any, of (i) all Monthly Base Rent, Percentage Rent and Additional Rent payable under this Lease from the date of such demand for what would be the then unexpired term of this Lease in the absence of such termination, over (ii) the then fair market rental value of the Premises, as reasonably determined by Landlord. If any law shall limit the amount agreed upon, Landlord shall be entitled to the maximum amount allowable under such law. Nothing herein shall be construed to affect or prejudice Landlord's right to prove, and claim in full, unpaid rent accrued prior to termination of this Lease. (c) Tenant's liability for Percentage Rent for each month following any termination of the Lease or Tenant's right to possession of the Premises through the unexpired Term hereof shall be computed by dividing (i) the total of all amounts which Tenant was liable to pay to Landlord as Percentage Rent hereunder from the Commencement Date until the date upon which this Lease or Tenant's right to possession of the Premises was terminated (or the day Tenant ceased conducting business from the Premises, if such date is earlier) by (ii) the number of months in the Term prior to such date.

Extent of Liabilities. If Landlord terminates 7.1 Save for clause 5 (Substitution Provisions) and for clause 6 (Step-Out), the Authority shall not be entitled to commence any legal proceedings against the Responsive Repairs and Maintenance Contractor under this Lease Deed before the Project Agreement has terminated. 7.2 Without prejudice to the Responsive Repairs and Maintenance Contractor's liability to B3, unless and until the Authority or Tenant's right its nominee serves a Step-In Notice, nothing in this Deed shall render the Responsive Repairs and Maintenance Contractor liable hereunder in respect of possession any delay to the completion of the Premises pursuant to Paragraph 20.2 hereof:Services. (a) Tenant 7.3 The Responsive Repairs and Maintenance Contractor shall remain liable for and shall pay on demand by Landlord (i) the full amount have no liability under this Deed which is greater or of all Monthly Base Rent, Percentage Rent and Additional Rent which longer duration than it would have accrued until had if the Authority had been a party to the Responsive Repairs and Maintenance Contract as a joint employer of the Responsive Repairs and Maintenance Contractor with B3 on the terms of the Responsive Repairs and Maintenance Contract as at the date on which this Lease would have expired had such termination not occurred, hereof. 7.4 The Responsive Repairs and any and all damages and expenses incurred by Landlord in reentering and repossessing the Premises, in making good any default of Tenant, in making any Alterations to the Premises, in protecting and preserving the Premises, and in reletting the Premises, and any and all expenses which Landlord may incur during the occupancy of any new tenant, LESS (ii) the net proceeds of any reletting of the Premises which has occurred at the time of the aforesaid demand by Landlord to Tenant. Tenant agrees to pay to Landlord the difference between items (i) and (ii) above for the period through and including the date on which this Lease would have expired if it had not been terminated. Landlord Maintenance Contractor shall be entitled in defending any action or proceedings brought by the Authority under this Deed to any excess with no credit to Tenant. Landlord may, in its sole discretion, make demand on Tenant as aforesaid rely on any one or more occasionslimitation set out in the Responsive Repairs and Maintenance Contract and to raise equivalent rights of defence of liability as it would have against B3 to the extent that such limitations and rights are equivalent to those granted by the Authority to B3 under the Project Agreement. 7.5 Notwithstanding any other provision of this Deed, and any suit brought by Landlord to enforce collection of such difference for any one month shall not prejudice Landlord's right to enforce the collection if: 7.5.1 in respect of any difference claim by the Authority for loss or damage or any subsequent month expense arising from any beach or months. In addition alleged breach of the Responsive Repairs and Maintenance Contract or this Deed the Responsive Repairs and Maintenance Contractor pays to the foregoingor, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable attorneys' fees, with respect to any lawsuit or action instituted or taken by Landlord to enforce under the provisions of this Lease. Tenant's any other deed or agreement, suffers to be withheld any amount by the Authority then any liability the Responsive Repairs and Maintenance Contractor may owe to the Authority in respect of the same loss or damage or expense shall survive be reduced by the institution of summary proceedings amount so paid or withheld; and /or 7.5.2 if the issuance Authority shall have received payment of any warrant hereunder. (b) If Landlord determines that it is impracticable sum in respect of any claim for loss or extremely difficult to fix the actual damages, then, as an alternative to the remedy set forth in subparagraph (a), Tenant will pay to Landlord on demand, liquidated and agreed final damages for Tenant's default calculated in accordance with this paragraph. Liquidated damages hereunder shall be an amount equal to the excess, if any, of (i) all Monthly Base Rent, Percentage Rent and Additional Rent payable under this Lease damage or any expense arising from the date of such demand for what would be the then unexpired term of this Lease in the absence of such termination, over (ii) the then fair market rental value any breach or alleged breach of the Premises, as reasonably determined Responsive Repairs and Maintenance Contract from any third party by Landlord. If reason of action at common law or by reason of the operation of the provisions of any law other deed or agreement the Authority shall limit the amount agreed upon, Landlord shall not be entitled to recover by way of a claim for breach of this Deed payment of any sum in respect of the maximum same loss or damage or expense to the extent the amount allowable under such law. Nothing herein has been so paid or received. 7.6 No action or proceedings for any breach of this Deed shall be construed to affect commenced against B3 or prejudice Landlord's right to prove, the Responsive Repairs and claim in full, unpaid rent accrued prior to termination of this Lease. (c) Tenant's liability for Percentage Rent for each month following any termination of the Lease or Tenant's right to possession of the Premises through the unexpired Term hereof shall be computed by dividing (i) the total of all amounts which Tenant was liable to pay to Landlord as Percentage Rent hereunder from the Commencement Date until Maintenance Contractor after the date upon which this Lease or Tenant's right to possession the claim which is the subject of the Premises was terminated (or the day Tenant ceased conducting business from the Premisessuch proceedings would, if such date is earlierit had been made the subject of proceedings under the Responsive Repairs and Maintenance Contract have been statute barred. 8 Contracts (Rights of Third Parties) by (ii) the number of months in the Term prior to such date.Xxx 0000