Final Damages. If this Lease is terminated by Landlord as provided in Section 17.02(a), Landlord shall be entitled to recover from Tenant all Rent accrued and unpaid for the period up to and including such termination date, as well as 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 be then owing and unpaid, and all reasonable costs and expenses, including court costs and attorneys' fees incurred by Landlord in the enforcement of its rights and remedies hereunder, and, in addition, Landlord shall be entitled to recover as damages for loss of the bargain and not as a penalty the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate rents which would have been payable after the termination date had this Lease not been terminated, including, without limitation, Base Rent at the annual rate or respective annual rates for the remainder of the Term provided for in Article 2 of this Lease or elsewhere herein and the amount projected by Landlord to represent Rent Adjustments for the remainder of the Term pursuant to Article 3 of this Lease, over the then present value of the then aggregate fair rental value of the Premises for the balance of the Term, such present worth to be computed in each case on the basis of a five percent (5%) per annum discount from the respective dates upon which such rentals would have been payable hereunder had this Lease not been terminated, and (c) any damages in addition thereto, including reasonable attorneys' fees and court costs, which Landlord has sustained as a result of the breach of any of the covenants of this Lease other than for the payment of Rent.
Final Damages. At any time after any such expiration or termination of this Sublease or repossession of the premises or any part thereof by reason of the occurrence of an event of default, whether or not Sublessor shall have collected any current damages pursuant to paragraph 8.1, Sublessor shall be entitled to recover from Sublessees, and Sublessees will pay to Sublessor on demand, as and for liquidated and agreed final damages for Sublessees' default and in lieu of all current damages beyond the date of such demand (it being agreed that it would be impracticable or extremely difficult to fix the actual damages), an amount equal to the excess, if any, of (a) the rent and other sums which would be payable under this Sublease from the date of such demand (or, if it be earlier, the date to which Sublessees shall have satisfied in full their obligations under paragraph 8.1 to pay current damages) for what would be the then unexpired term in the absence of such expiration, termination or repossession, discounted to present value at an assumed interest rate of seven percent (7%) per annum, over (b) the then net rental value of the premises discounted to present value at an assumed interest rate of seven percent (7%) per annum for the same period. Rental value shall be established by reference to the terms and conditions upon which Sublessor resublets the premises if such resubletting is accomplished within a reasonable period of time after such expiration, termination or repossession, and otherwise established on the basis of Sublessor's estimates and assumptions of fact regarding market and other relevant circumstances, which shall govern unless shown to be erroneous. If any statute or rule of law shall validly limit the amount of such liquidated final damages to less than the amount above agreed upon, Sublessor shall be entitled to the maximum amount allowable under such statute or rule of law.
Final Damages. If this Lease is terminated by Landlord as provided in Section 16.02(a), in addition to Landlord’s rights set forth in Section 16.02, Landlord shall be entitled to recover from Tenant all Rent accrued and unpaid for the period up to and including such termination date, as well as 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 be then owing and unpaid, and all costs and expenses, including court costs and reasonable attorneys’ fees incurred by Landlord in the enforcement of its rights and remedies hereunder.
Final Damages. At any time after this Lease has been terminated pursuant to this Article 20, whether or not Lessor shall have collected any damages under Section 20.5, Lessor shall be entitled to recover from Lessee and Lessee will pay to Lessor within THIRTY (30) days after receipt of demand from time to time, as and for agreed-upon final damages for the loss of Lessor's bargain (and not as a penalty), and in lieu of all Basic Rent beyond the date of such demand (it being agreed that it would be impracticable to fix actual damages) at Lessor's option: (a) an amount equal to the excess of (i) the present value on the date such demand is made of all Basic Rent that would be payable under this Lease as of the date of such demand for what would be the unexpired Term of this Lease in the absence of such termination, over (ii) the present value on the date such demand is made of the Fair Market Rental for the Leased Property for what would be the unexpired Term of this Lease, which present value shall in each case be determined by the application of the Discount Rate, plus the amount of all unpaid Basic Rent due and payable hereunder prior to and all Additional Rent due and payable hereunder prior to and including, or relating to periods ending on or prior to, the date on which the amount payable pursuant to this Section 20.6(a) is actually paid; or (b) the sum of (i) the Stipulated Loss Value calculated as of the Stipulated Loss Value Determination Date immediately succeeding the date on which payment thereof is made, plus (ii) all Additional Rent due and payable up to the date of payment, plus (iii) (x) during the Base Lease Term, all unpaid Basic Rent due and payable prior to the date of payment, and (y) during any Renewal Term, all unpaid Basic Rent due and payable on or prior to the date of payment, which shall include any accrued and unpaid Basic Rent, payable for the period from the preceding Basic Rent Payment Date to the date of payment, prorated for such period on a per diem basis; or (c) if Lessor shall sell and convey Lessor's interest in the Leased Property to any other Person pursuant to a bona fide, arm's-length, fair market transaction, Lessor shall be entitled to recover from Lessee an amount equal to the sum of (i) the Stipulated Loss Value calculated as of the Stipulated Loss Value Determination Date immediately succeeding the date on which such sale and conveyance occurs, plus (ii) the amount of all Additional Rent due and payable and other sums accrued he...
Final Damages. At any time after any such expiration or termination of this Lease or repossession of the Premises or any part thereof by reason of the occurrence of an event of default, whether or not Landlord shall have collected any current damages pursuant to Section 14.4, Landlord shall be entitled to recover from Tenant, and Tenant will pay to Landlord on demand, as XX Xxxxxxxx, LLC – Lightshade Labs, LLC 2014 Commercial Lease 19 of 31 and for liquidated and agreed final damages for Tenant’s default and in lieu of all current damages beyond the date of such demand (it being agreed that it would be impracticable or extremely difficult to fix the actual damages), an amount equal to the excess, if any, of (a) the Rent and other sums which would be payable under this Lease from the date of such demand (or, if it be earlier, the date to which Tenant shall have satisfied in full its obligations under Section 14.4 to pay current damages) through what would be the last day of the Term in the absence of such expiration, termination, or repossession, discounted to present value at an assumed interest rate of five percent (5%) per annum, less (b) the then net rental value of the Premises discounted to present value at an assumed interest rate of five percent (5%) per annum for the same period. Rental value shall be established by reference to the terms and conditions upon which Landlord relets the Premises if such reletting is accomplished within a reasonable period of time after such expiration, termination, or repossession, and otherwise established on the basis of Landlord’s estimates and assumptions of fact regarding market and other relevant circumstances, which shall govern unless shown to be erroneous. If any statute or rule of law shall validly limit the amount of such liquidated final damages to less than the amount above agreed upon, Landlord shall be entitled to the maximum amount allowable under such statute or rule of law.
Final Damages. If this Lease is terminated by Landlord as provided for by subparagraph (a) of Article 18.2, Landlord shall be entitled to recover from Tenant all Rent accrued and unpaid for the period up to and including such termination date, as well as all accelerate any Rent payments and 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 be then owing and unpaid, and all costs and expenses, including court costs and attorneys’ fees, incurred by Landlord in the enforcement of its rights and remedies hereunder, and, in addition, Landlord shall be entitled to recover as damages for loss of the bargain and not as a penalty: (a) the unamortized portion of any brokerage commissions paid by Landlord as a result of this Lease and of Xxxxxxxx’s contribution to the cost of tenant improvements and alterations, if any, installed by either Landlord or Tenant pursuant to this Lease or any Work Letter; (b) the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate rents which would have been payable after the termination date had this Lease not been terminated, including, without limitation, Base Rent at the annual rate or respective annual rates for the remainder of the Term provided for in Article 3 of this Lease or elsewhere herein and the amount projected by Landlord to represent Impositions for the remainder of the Term over the then-present value of: the then-aggregate fair rental value of the Premises for the balance of the Term, such present worth to be computed in each case on the basis of a five percent (5%) per annum discount from the respective dates upon which such rentals would have been payable hereunder had this Lease not been terminated; and (c) any damages in addition thereto, including reasonable attorneys’ fees and court costs, which Landlord shall have sustained by reason of the breach of any of the covenants of this Lease other than for the payment of Rent. Notwithstanding the above, Xxxxxx’s Security Deposit will offset any amounts due under Articles 18.4 and 18.5.
Final Damages. If this Lease is terminated by Landlord as provided in Section 16.02(a), 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 eight percent (8%) per annum) of the Base Rent provided to be paid for the remainder of the Term less any amounts which Landlord could obtain in reletting the Premises, plus (v) interest on the foregoing amounts at the default rate set forth in Section 27.07 from the date of Landlord’s notice to Tenant demanding payment therefor until paid.
Final Damages. At any time after any such termination or repossession, whether or not Landlord shall have collected any current damages, Landlord shall be entitled to recover from Tenant and Tenant shall pay to Landlord, on demand, as liquidated final damages and in lieu of all current damages beyond the date of payment of the final damages, a sum equal to the amount, if any, by which the Rent and other charges which would be payable hereunder from the date of such payment (or, if it be earlier, the date to which Tenant shall have satisfied in full its obligation under this Article to pay current damages) for what would be the unexpired term if the same has remained in effect shall exceed the then fair net rental value of the Premises for the same period. If any statute or rule of law governing a proceeding in which such liquidated final damages are to be proved shall validly limit the amount thereof to an amount less than the amount above agreed upon, Landlord shall be entitled to the maximum amount allowable under such statute or rule of law. For purposes of this Section, the rent reserved hereunder shall be deemed to be an amount equal to the highest of the total yearly Base Rent and Additional Rent paid by Tenant in the prior Lease Year preceding such termination or repossession.
Final Damages. At any time after such termination, whether or not Landlord shall have collected any such current damages, as liquidated final damages and in lieu of all such current damages beyond the date of such demand, at Landlord's election Tenant shall pay to Landlord an amount equal to the excess, if any, of Rent and other sums as hereinbefore provided which would he payable hereunder from the date of such demand assuming that, for the purposes of this paragraph, annual payments by Tenant on account of Property Taxes would be the same as the payments required for the immediately preceding year for what would be the then unexpired Term of this Lease if the same remained in effect, over the then fair net rental value of the Premises for the same period, discounted to present value at the rate of 3% per annum.
Final Damages. At any time after any termination of the Lease pursuant to Section 24 hereof, Landlord shall be entitled to recover from Tenant and Tenant will pay to Landlord on demand, as and for liquidated and agreed final damages beyond the date of such demand, (a) an amount equal to the excess of (i) all past due Basic Rent and Additional Rent plus the present value of all Basic Rent and Additional Rent that would be payable under this Lease from the date of such demand (or, if it be earlier, the date to which Tenant shall have satisfied in full its obligations under Section 26.2 hereof to pay current damages) for what would be the unexpired term of this Lease in the absence of such termination, over (ii) the present value of the fair market rental for the Property at the date of this Lease, which present value shall in each case be determined by the application of a discount factor of 10% per annum.
