Common use of Final Damages Clause in Contracts

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. At any time after any such expiration or termination of this Sublease Lease or repossession of the premises Premises or any part thereof by reason of the occurrence of an event of default, whether or not Sublessor Landlord shall have collected any current damages pursuant to paragraph 8.1Section 14.4, Sublessor Landlord shall be entitled to recover from SublesseesTenant, and Sublessees Tenant will pay to Sublessor Landlord on demand, as and for liquidated and agreed final damages for Sublessees' 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 Rent and other sums which would be payable under this Sublease Lease from the date of such demand (or, if it be earlier, the date to which Sublessees Tenant shall have satisfied in full their its obligations under paragraph 8.1 Section 14.4 to pay current damages) for through what would be the then unexpired term last day of the Term in the absence of such expiration, termination termination, or repossession, discounted to present value at an assumed interest rate of seven five percent (75%) per annum, over less (b) the then net rental value of the premises Premises discounted to present value at an assumed interest rate of seven five percent (75%) per annum for the same period. Rental value shall be established by reference to the terms and conditions upon which Sublessor resublets Landlord relets the premises Premises if such resubletting reletting is accomplished within a reasonable period of time after such expiration, termination termination, or repossession, and otherwise established on the basis of Sublessor's 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, Sublessor Landlord shall be entitled to the maximum amount allowable under such statute or rule of law.

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 Sublessee 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. 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, annum over (b) the then net rental value of the premises discounted to present value at an assumed interest intern 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. At any time after any such expiration or termination of this Sublease Lease or repossession of the premises Premises or any part thereof by reason of the occurrence of an event of default, whether or not Sublessor Landlord shall have collected any current damages pursuant to paragraph 8.1Section 20.5, Sublessor Landlord shall be entitled to recover from SublesseesTenant, and Sublessees Tenant will pay to Sublessor Landlord on demand, as and for liquidated and agreed final damages for Sublessees' Tenant's default after notice and the expiration of applicable cure periods, 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 Base Rent, Additional Rent and other sums which would be payable under this Sublease Lease from the date of such demand (or, if it be earlier, the date to which Sublessees Tenant shall have satisfied in full their its obligations under paragraph 8.1 Section 20.5 to pay current damages) for what would be the then unexpired term Term in the absence of such expiration, termination or repossessionrepossession (assuming for purposes hereof that Tenant's Proportionate Share of Taxes and Insurance are increasing at a consistent rate, discounted to present value at an assumed interest rate of seven and the CPI shall increase by 2.5 percent (72.5%) per annumeach calendar year remaining in the Term), 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 Premises for the same period. Rental value shall be established by reference to the terms and conditions upon which Sublessor resublets Landlord relets the premises Premises if such resubletting reletting is accomplished within a reasonable period of time after such expiration, termination or repossession, and otherwise established on the basis of SublessorLandlord's estimates and assumptions of fact regarding market and other relevant circumstances, which shall govern unless shown to be clearly 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 Landlord shall be entitled to the maximum amount allowable under such statute or rule of law.

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 8.19.1, Sublessor shall be entitled to recover from SublesseesSublessee, and Sublessees Sublessee 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 Sublessee shall have satisfied in full their obligations under paragraph 8.1 9.1 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. At any time after any such expiration or termination of this the Sublease Term or re-entry or repossession of the premises or any part thereof Demised Premises by reason of the occurrence of an event Event of defaultDefault, whether or not Sublessor shall have collected any current damages pursuant to paragraph 8.1Section 18(f), Sublessor shall be entitled to recover from SublesseesSublessee, and Sublessees Sublessee will pay to Sublessor on demand, as and for liquidated and agreed final damages for Sublessees' Sublessee'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 excessto: (i) all Base Rent, if any, of (a) the rent additional Charges 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 Sublessee shall have satisfied in full their its obligations under paragraph 8.1 Section 18(f) to pay current damages) for what would be the then unexpired term Sublease Term in the absence of such expiration, termination termination, re-entry or repossession, discounted to present value at an assumed interest the rate of seven four percent (74%) per annum, over less (bii) the then net fair rental value of the premises discounted to present value at an assumed interest rate of seven percent Demised Premises (7%) per annum including Base Rent, Additional Charges, and all other sums payable under this Sublease), for the same period. Rental value shall be established by reference to , discounted at the terms and conditions upon which Sublessor resublets the premises if such resubletting is accomplished within a reasonable period rate 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 erroneousfour percent (4%) per annum. 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. 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 8.17.1, 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 7.1 to pay current damages) for what would 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. At any time after any such expiration or termination of this Sublease Lease or repossession of the premises Premises or any part thereof by reason of the occurrence of an event of default, whether or not Sublessor Landlord shall have collected any current damages pursuant to paragraph 8.1, Sublessor Section 20.5. Landlord shall be entitled to recover from SublesseesTenant, and Sublessees Tenant will pay to Sublessor Landlord on demand, as and for liquidated and agreed final damages for Sublessees' 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 Base Rent, Additional Rent and other sums which would be payable under this Sublease Lease from the date of such demand (or, if it be earlier, the date to which Sublessees Tenant shall have satisfied in full their its obligations under paragraph 8.1 Section 20.5 to pay current damages) for what would be the then unexpired term Term in the absence of such expiration, termination or repossessionrepossession (assuming for purposes hereof that Tenant's proportionate Share of Taxes and Insurance are 120% of the payments required for the immediately preceding calendar year, discounted to present value at an assumed interest rate of seven and the CPI shall increase by three percent (73%) per annumeach calendar year remaining in the Term), 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 Premises for the same period. Rental value shall be established by reference to the terms and conditions upon which Sublessor resublets Landlord relets the premises Premises if such resubletting reletting is accomplished within a reasonable period of time after such expiration, termination or repossession, and otherwise established on the basis of SublessorLandlord's reasonable 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 Landlord shall be entitled to the maximum amount allowable under such statute statue or rule of law.