Common use of Final Damages Clause in Contracts

Final Damages. If this Lease is terminated by Landlord pursuant to Section 17.2(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 for 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 concessions offered by Landlord to Tenant in connection with this Lease, including without limitation Landlord’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 Rent Adjustments for the remainder of the Term pursuant to Article 4 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 four percent (4 %) 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 sustains as a result of the breach of any of the covenants of this Lease other than for the payment of Rent.

Final Damages. If At any time after this Lease is has been terminated by Landlord pursuant to this Article 20, whether or not Lessor shall have collected any damages under Section 17.2(a)20.5, Landlord Lessor shall be entitled to recover from Tenant all Rent accrued Lessee and unpaid 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 period up 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 and including fix actual damages) at Lessor's option: (a) an amount equal to the excess of (i) the present value on the date such termination date, demand is made of all Basic Rent that would be payable under this Lease as well as all other additional sums payable by Tenant, or for which Tenant is liable or for which Tenant has agreed to indemnify Landlord under any of the provisions 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 may present value shall in each case be then owing determined by the application of the Discount Rate, plus the amount of all unpaid Basic Rent due and unpaidpayable 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 costs unpaid Basic Rent due and expensespayable on or prior to the date of payment, including court costs which shall include any accrued and attorneys’ fees incurred by Landlord 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 enforcement of its rights and remedies hereunderLeased Property to any other Person pursuant to a bona fide, andarm's-length, in additionfair market transaction, Landlord Lessor shall be entitled to recover from Lessee an amount equal to the sum of (i) the Stipulated Loss Value calculated as damages for loss of the bargain Stipulated Loss Value Determination Date immediately succeeding the date on which such sale and not as a penalty conveyance occurs, plus (aii) the unamortized portion amount of all Additional Rent due and payable and other sums accrued hereunder to and including, or relating to periods ending on or prior to, such date of such sale or conveyance, plus (iii) during the Base Lease Term, all unpaid Basic Rent due and payable prior to such date of such sale or conveyance, plus (iv) during any concessions offered Renewal Term, all unpaid Basic Rent due and payable on or prior to such date of such sale or conveyance, which shall include any accrued and unpaid Basic Rent, payable for the period from the preceding Basic Rent Payment Date to such date of such sale or conveyance, prorated for such period on a per diem basis, minus (v) the amount of the consideration received by Landlord to Tenant Lessor in connection with such sale, less all expenses incurred in connection with such sale. In addition to any sums payable pursuant to Section 20.6(a), (b) or (c), as the case may be, Lessee shall be liable for, and agrees to pay as Additional Rent, all reasonable legal fees and other reasonable costs and expenses incurred by Lessor by reason of the occurrence of any Event of Default or the exercise of Lessor's remedies with respect thereto, including all reasonable costs and expenses incurred in connection with the surrender of the Leased Property or repossession thereof or in placing the Leased Property in the condition required by this Lease. In the event that Lessor terminates this Lease during the Base Lease Term pursuant to any provision of this Article 20 pursuant to which Stipulated Loss Value is not paid, including without limitation Landlord’s contribution Lessee shall pay to Lessor as Basic Rent through the cost of tenant improvements and alterationsExpiration Date, the amount, if any, installed by either Landlord or Tenant pursuant to this Lease or any Work Letter, (b) set forth on Schedule IV hereto opposite the aggregate sum which at Stipulated Loss Value Determination Date under the time caption "Basic Rent Amount as of such termination represents the excessStipulated Loss Value Determination Date" or, if anysuch amount is a negative number, Lessor shall pay to Lessee as a refund of Basic Rent allocated to any portion of a Lease Period ending on or after such Expiration Date, such amount, provided that at any time after the present value of the aggregate rents which would Notes have been payable after paid in full, Lessor shall be entitled to set off its obligation to make any such refund against any amount due to Lessor or Owner Participant from Lessee hereunder or under any other Operative Agreement. If the termination date had this Lease not been terminated, including, without limitation, terminates during the 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 Rent Adjustments for the remainder of the Term pursuant to Article 4 any provision of this LeaseArticle 20 on a date that is not a Stipulated Loss Value Determination Date, to the extent the amounts payable do not precisely reflect the excess of Basic Rent allocated over Basic Rent paid or the then present value excess of Basic Rent paid over Basic Rent allocated, whichever the case may be, as of the then date on which Basic Rent ceases to accrue, such applicable amount shall be further increased or decreased by the amount necessary to ensure that the aggregate fair rental value amount of Basic Rent paid equals the aggregate amount of Basic Rent allocated as of the Premises date on which Basic Rent ceases to accrue; provided, further, that at any time after the Notes have been paid in full, Lessor shall be entitled to set off its obligation to make any such refund against any amount due to Lessor or Owner Participant from Lessee hereunder or under any other Operative Agreement. In the event that Lessor terminates this Lease during any Renewal Term pursuant to any provision of this Article 20 pursuant to which Stipulated Loss Value is not paid, Lessee shall pay to Lessor any accrued and unpaid Basic Rent payable for the balance of the Term, such present worth to be computed in each case on the basis of a four percent (4 %) per annum discount period from the respective dates upon which preceding Basic Rent Payment Date through the Expiration Date plus all other unpaid Basic Rent and Additional Rent due and payable on or prior to 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 sustains as a result of the breach of any of the covenants of this Lease other than for the payment of Rentdate.

Final Damages. If this Lease is terminated by Landlord pursuant to Section 17.2(a)At any time after any such expiration, Landlord termination or repossession, whether or not Lessor shall have collected any current damages as aforesaid, Lessor shall be entitled to recover from Tenant all Rent accrued Lessee and unpaid for the period up Lessee will pay to and including such termination dateLessor on demand, as well as all other additional sums payable by Tenant, or and for which Tenant is liable or for which Tenant has liquidated and 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 final damages for loss Lessee's default and in lieu of all current damages beyond the bargain and not as a penalty (a) the unamortized portion date of any concessions offered by Landlord to Tenant in connection with this Leasesuch demand, including without limitation Landlord’s contribution an amount equal to the cost present value 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 (a) all Basic Rent and Additional Rent which would be payable under this Lease from the present date of such demand (or, if it be earlier, the date to which Lessee shall have satisfied in full its obligations under Section 24.2 to pay current damages) for what would be the then unexpired Lease Term in the absence of such expiration, termination or repossession over (b) the then fair net rental value of the aggregate rents which would have been payable after Property for the termination same period, such present value to be determined using a discount rate equal to the Average Life Treasury Rate, In the event a dispute arises between the parties as to the then fair net rental value of the Property, such fair net rental value shall be determined as of the date had this Lease not been terminatedof calculation by an appraiser appointed by Lessor in its sole discretion who is competent, qualified by training and experience in appraising timberlands, disinterested and independent and who is a member in good standing of the Association of Consulting Foresters. All costs, fees and expenses of any such appraiser appointed by Lessor to determine the fair net rental value of the Property shall be paid by Lessee. Lessee will also pay to Lessor all reasonable expenses incurred by Lessor in connection with the reletting of the Property 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 repossession costs, brokerage commissions, accounting expenses, attorneys' fees and the amount projected by Landlord to represent Rent Adjustments for the remainder of the Term pursuant to Article 4 of this Leaseexpenses, over the then present value of the then aggregate fair rental value of the Premises for the balance of the Termemployees' expenses, such present worth to be computed in each case on the basis of a four percent (4 %) per annum discount from the respective dates upon which such rentals would have been payable hereunder had this Lease not been terminatedpromotional expenses, and (c) any damages in addition theretoexpenses of preparation for such reletting, including reasonable attorneys’ fees and court costs, which Landlord sustains as a result of the breach of any of the covenants of this Lease other than for Upon the payment of Rentsuch final damages, this Lease if not already terminated, shall be deemed terminated, 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, Lessor shall be entitled to the maximum amount allowable under such statute or rule of law.

Final Damages. If this Lease is terminated by Landlord pursuant to as provided in Section 17.2(a16.02(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 for 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 concessions offered alterations installed by Landlord to Tenant in connection with this Lease, including without limitation Landlord’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 Letterwork 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 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 4 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 four five percent (4 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 sustains 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. If this Lease is terminated by Landlord pursuant to Section 17.2(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 for 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 in connection with this Lease and of any concessions offered by Landlord to Tenant in connection with this Lease, including without limitation Landlord’s '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 LetterWorkletter, (b) the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate rents Rent 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 Rent Adjustments for the remainder of the Term pursuant to Article 4 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 four percent (4 4%) 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 sustains as a result of the breach of any of the covenants of this Lease other than for the payment of Rent.

Final Damages. If In the event the Landlord shall elect to terminate this Lease is terminated by Landlord pursuant to Section 17.2(a)27.2, Landlord shall have the option, to be entitled exercised in Landlord's sole discretion, to recover from require Tenant to pay Landlord, in lieu of the sums set forth in the preceding Section 27.4, the sum of (a) all Rent accrued and unpaid for Rent as of the period up to and including date of such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or for which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may be then owing (together with interest and unpaid, and all costs and expenses, including court costs and attorneys’ fees incurred by Landlord late charges thereon in the enforcement of its rights and remedies hereunderamounts specified herein), 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 concessions offered by Landlord to Tenant in connection with this Lease, including without limitation Landlord’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, plus (b) the aggregate sum which at amount of the time of such termination represents the excess, Security Deposit then held by Landlord (if any), of plus (c) the present value (based on a discount rate equal to the then-current average yield on Treasury bonds maturing at approximately the same time as the Expiration Date) of the aggregate rents which would have been payable after of the termination date had this Lease not been terminated, including, without limitation, Monthly Installments of Base Rent at and Additional Rent (as estimated by Landlord acting reasonably, giving effect to any provisions hereof for the annual rate or respective annual rates increase in Monthly Installments of Base Rent) for the eighteen (18) month period commencing on the date following such termination (or, if less than eighteen (18) months remain in the Term, the aggregate of Landlord's reasonable estimate of the Monthly Installments of Base Rent and Additional Rent for the remainder of the Term provided for Term), in Article 3 of this Lease or elsewhere herein and one lump sum, said sum being the amount projected by Landlord to represent Rent Adjustments for the remainder parties' reasonable estimation of the Term pursuant to Article 4 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 four percent (4 %) 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 sustains will suffer as a result of Tenant's breach (including the breach loss of any rents, the costs of reletting, and the rent concessions which Landxxxx xxxld have to incur as a consequence thereof) as of the covenants date hereof. Tenant shall pay to Landlord the foregoing sum immediately upon delivery to it of Landlord's notice of the foregoing election. Landlord and Tenant hereby acknowledge and agree that the foregoing sum represents an enforceable liquidated damages remedy, and does not (and in no event shall be deemed to) constitute a penalty, the parties hereby further acknowledging that, in light of the size of the Premises, Landlord is likely to encounter a substantial and prolonged period of vacancy, and substantial brokerage fees and other costs and expenses in connection with any attempt to relet the Premises following a termination of this Lease other than for the payment of RentLease.

Final Damages. If this Lease is terminated by Landlord pursuant to Section 17.2(a17.02(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 for 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 concessions offered by Landlord to Tenant in connection with this Lease, including without limitation Landlord’s 's contribution to the cost of tenant improvements and alterations, if any, installed by either Landlord or Tenant pursuant to this Lease or any the Work LetterLetter or brokerage commission paid by Landlord on account of this Lease, (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 Rent Adjustments for the remainder of the Term pursuant to Article 4 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 four five percent (4 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 sustains as a result of the breach of any of the covenants of this Lease other than for the payment of Rent.

Final Damages. If this Lease is terminated by Landlord pursuant to Section 17.2(a)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, Tenant or for which Tenant is liable or for 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 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 penalty: (a) the unamortized portion of any concessions offered brokerage commissions paid by Landlord to Tenant in connection with as a result of this Lease, including without limitation LandlordLease 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 Rent Adjustments Impositions for the remainder of the Term pursuant to Article 4 of this Lease, over the then then-present value of of: the then 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 four five percent (4 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 sustains as a result 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 pursuant to Section 17.2(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 for 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 concessions offered by Landlord to Tenant in connection with this Lease, including without limitation Landlord’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 LetterLandlord's Work, (b) the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate rents Rent 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 Rent Adjustments for the remainder of the Term pursuant to Article 4 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 four five percent (4 5%) per annum discount rate 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 sustains has sustained as a result of the breach of any of the covenants of this Lease other than for the payment of Rent.