Common use of General Remedies – Applicable to All Portions of the Premises Clause in Contracts

General Remedies – Applicable to All Portions of the Premises. (a) Whenever any default shall occur (other than a default pursuant to subsection 20.1.4 upon which termination of this Agreement, at the Port’s option, shall be effective immediately without further notice), this Agreement and all of Airline’s rights thereunder shall terminate if the written notice of default so provides. The Port shall be entitled to recover from Airline all unpaid rent and fees and damages incurred because of such default, including, but not limited to, attorneys fees and costs (“Termination Damages”), together with interest on all Termination Damages at the rate of 18% per annum, or the maximum rate permitted by applicable law, whichever is lower, from the date such Termination Damages are incurred by the Port. (b) In addition to Termination Damages, and notwithstanding termination, Airline’s liability for all rent and fees which, but for termination of the Agreement, would have become due over the remainder of the Agreement (“Future Charges”) shall not be extinguished and Airline agrees that the Port shall be entitled, upon termination for default, to collect as additional damages a Rental Deficiency. As used in this subsection 20.2.1, a “Rental Deficiency” shall mean: an amount or amounts equal to Future Charges less the amount or amounts of rental, if any, which the Port shall receive during the remainder of the Term from others to whom the Premises may be rented, in which case such Rental Deficiency shall be computed and payable at Port’s option either: (i) in an accelerated lump sum payment or (ii) in monthly installments, in advance, on the first day of each calendar month following termination of the Agreement and continuing until the date of which the Term would have expired but for such termination, and any suit or action brought to collect any portion of Rental Deficiency attributable to any particular month or months, shall not in any manner prejudice the Port’s right to collect any portion of Rental Deficiency by a similar proceeding.

General Remedies – Applicable to All Portions of the Premises. (a) Whenever any default Event of Default shall occur (other than a default pursuant to subsection 20.1.4 Subsection 21.1.3 upon which termination of this Agreement, at the PortAuthority’s option, shall be effective immediately without further notice), this Agreement and all of Airline’s rights thereunder hereunder shall terminate if the written notice of default so provides. The Port Authority shall be entitled to recover Termination Damages from Airline all unpaid rent and fees and damages incurred because of such default, including, but not limited to, attorneys fees and costs (“Termination Damages”)Airline, together with interest on all Termination Damages at the rate of 18% per annum, or the maximum rate permitted by applicable lawApplicable Laws, whichever is lower, from the date such Termination Damages are incurred by the PortAuthority. (b) In addition to Termination Damages, and notwithstanding termination, Airline’s liability for all rent and fees which, but for termination of the Agreement, would have become due over the remainder of the Agreement (“Future Charges”) Charges shall not be extinguished extinguished, and Airline agrees that the Port Authority shall be entitled, upon termination for defaultan Event of Default, to collect as additional damages a Rental DeficiencyDeficiency so long as Authority is using commercially reasonable efforts to mitigate its damages; provided, however, that the obligation of Authority to use commercially reasonable efforts to mitigate its damages shall not be construed to require Authority to rent all or any portion of the Premises for a use or to a tenant that is not consistent with this Agreement or Authority’s current or future business needs or requirements for the Airport, or to prioritize the renting of all or any portion of the Premises over other space that Authority may have available at the Airport. As used in this subsection 20.2.1Section 21.2.1, a “Rental Deficiency” shall mean: an amount or amounts equal to Future Charges less the amount or amounts of rental, if any, which the Port that Authority shall actually receive during the remainder of the Term from others to whom the Premises may be rented, in which case such Rental Deficiency shall be computed and payable at PortAuthority’s option either: (i) in an accelerated lump sum payment discounted to present value or (ii) in monthly installments, in advance, on the first day of each calendar month following termination of the Agreement Agreement, and continuing until the date of on which the Term would have expired but for such termination, and any . Any suit or action brought to collect any portion of Rental Deficiency attributable to any particular month or months, months shall not in any manner prejudice the PortAuthority’s right to collect any portion of Rental Deficiency by a similar proceeding.