Common use of Landlord’s Damages Clause in Contracts

Landlord’s Damages. The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: (i) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and (ii)(a) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s property, (ii)(b) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(c) the costs of reletting commissions; and (iii) all Fixed Rent and Additional Rent otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination of the Lease, less deducting from the total determined under subsections (i), (ii) and (iii) above, all Rent which Landlord receives from other tenant(s) by reason of the leasing of the Premises during any period falling within the otherwise remainder of the Term. Mitigation of Damages. In the event this Lease is terminated as a result of an Event of Default, Landlord agrees to use reasonable efforts to mitigate its damages, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3.

Landlord’s Damages. The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: (i) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and (ii)(a) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s property, (ii)(b) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(c) the reasonable costs of reletting commissions; and (iii) all Fixed Rent and Additional Rent otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination breach of the this Lease, less . Less deducting from the total determined under subsections (i), (ii) and (iii) above, all Rent which Landlord receives from other tenant(s) by reason of the leasing of the Premises during any period falling within the otherwise remainder of the Term. Mitigation of Damages. In the event this Lease is terminated as a result of an Event of Default, Landlord agrees to use reasonable efforts to mitigate its damages, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a partRadnor submarket. 3.

Landlord’s Damages. (1) The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: : (ia) all Fixed Rent Rental Amount(s) and Additional Rent accrued and unpaid as of the termination date; and and (ii)(ai) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal therefrom and storage of Tenant’s 's property, improvements and alterations, (ii)(bii) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Rental Term, and (ii)(ciii) the costs of reletting commissionsincluding brokerage fees based on the remaining term of the Lease and reasonable counsel fees; and LESS (iii) all Fixed Rent and Additional Rent otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination of the Lease, less deducting from the total determined under subsections subparagraphs (ia), (iib), and all Rental Amount(s) and all other Additional Rent to the extent determinable as aforesaid, (iiito the extent that like charges would have been payable by Tenant) above, all Rent which Landlord receives from other tenant(sTenant(s) by reason of the leasing of the Premises or part thereof during or attributable to any period falling within the otherwise remainder of the Rental Term. Mitigation . (2) The actual sums payable by Tenant under the preceding provisions of Damages. In this Sub-paragraph (d) shall be payable on demand from time to time as the event this Lease is terminated amounts are determined; and if, from Landlord's subsequent receipt of the Rental Amount(s) as a result aforesaid from reletting, there be any excess payment(s) by Tenant by reason of an Event the crediting of Defaultsuch Rental Amount(s) and/or Additional Rent thereafter received, the excess payment(s) shall be refunded by Landlord agrees to use reasonable efforts to mitigate its damagesTenant, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3without interest.

Landlord’s Damages. (1) The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: : (iA) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and and (ii)(aB) (i) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s property, (ii)(bii) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(ciii) the costs of reletting commissions; and and (iiiC) all Fixed Rent and Additional Rent (to the extent that the amount(s) of Additional Rent has been then determined) otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination of the Lease, less value. Less deducting from the total determined under subsections subparagraphs (iA), (iiB) and (iiiC) above, all Rent and all other Additional Rent to the extent determinable as aforesaid, (to the extent that like charges would have been payable by Tenant) which Landlord receives from other tenant(s) by reason of the leasing of the Premises or part during or attributable to any period falling within the otherwise remainder of the Term. Mitigation . (2) The damage sums payable by Tenant under the preceding provisions of Damages. In this paragraph (d) shall be payable on demand from time to time as the event this Lease is terminated amounts are determined; and if from Landlord’s subsequent receipt of rent as a result aforesaid from reletting, there be any excess payment(s) by Tenant by reason of an Event the crediting of Defaultsuch rent thereafter received, the excess payments) shall be refunded by Landlord agrees to use reasonable efforts to mitigate its damagesTenant, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3without interest.

Landlord’s Damages. The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: (i) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and (ii)(a) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s property, (ii)(b) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(c) the costs of reletting commissions; and (iii) all Fixed Rent and Additional Rent otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination breach of the this Lease, less deducting from the total determined under subsections (i), (ii) and (iii) above, all Rent which Landlord receives from other tenant(s) by reason of the leasing of the Premises during any period falling within the otherwise remainder of the Term. Mitigation of Damages. In the event this Lease is terminated as a result of an Event of Default, Landlord agrees to use reasonable efforts to mitigate its damages, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3.

Landlord’s Damages. (i) The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: : (iA) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and and (ii)(aB) (i) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s 's property, (ii)(bii) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(ciii) the costs of reletting commissions; and and (iiiC) all Fixed Rent and Additional Rent (to the extent that the amount(s) of Additional Rent has been then determined) otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination of the Lease, less value. Less deducting from the total determined under subsections subparagraphs (iA), (iiB) and (iiiC) above, all Rent and all other Additional Rent to the extent determinable as aforesaid, (to the extent that like charges would have been payable by Tenant) which Landlord receives from other tenant(s) by reason of the leasing of the Premises or part during or attributable to any period falling within the otherwise remainder of the Term. Mitigation . (ii) The damage sums payable by Tenant under the preceding provisions of Damages. In this paragraph (h) shall be payable on demand from time to time as the event this Lease is terminated amounts are determined; and if from Landlord's subsequent receipt of rent as a result aforesaid from reletting, there be any excess payment(s) by Tenant by reason of an Event the crediting of Defaultsuch rent thereafter received, the excess payment(s) shall be refunded by Landlord agrees to use reasonable efforts to mitigate its damagesTenant, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3without interest.

Landlord’s Damages. (i) The damages which Landlord shall be entitled to recover from Tenant shall be not exceed the sum of: : (iA) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and and (ii)(aB) all reasonable (i)all costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s 's property, and (ii)(bii) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and ; and (ii)(cC) the costs then discounted present value (as stated in Section 22(a) above) of reletting commissions; and (iii) all Fixed Rent and Additional Rent (to the extent that the amount(s) of Additional Rent has been then determined) otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination of the Lease, less value. Less deducting from the total determined under subsections subparagraphs (iA), (iiB) and (iiiC) above, all Rent and all other Additional Rent to the extent determinable as aforesaid, (to the extent that like charges would have been payable by Tenant) which Landlord receives from other tenant(s) by reason of the leasing of the Premises or part during or attributable to any period falling within the otherwise remainder of the Term. Mitigation The damage sums payable by Tenant under the preceding provisions of Damages. In this Section 22(c) shall be payable on demand from time to time as the event this Lease is terminated amounts are determined; and if from Landlord's subsequent receipt of rent as a result of an Event of Defaultaforesaid from reletting, Landlord agrees to use reasonable efforts to mitigate its damages, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3.there be

Landlord’s Damages. The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: (i) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and (ii)(a) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s 's property, (ii)(b) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(c) the costs of reletting commissions; and (iii) all iii)all Fixed Rent and Additional Rent otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination breach of the this Lease, less . Less deducting from the total determined under subsections (i), (ii) and (iii) above, all Rent which Landlord receives from other tenant(s) by reason of the leasing of the Premises during any period falling within the otherwise remainder of the Term. Mitigation of Damages. In the event this Lease is terminated as a result of an Event of Default, Landlord agrees to use reasonable efforts to mitigate its damages, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner mannner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3.

Landlord’s Damages. The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: (i) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and (ii)(a) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s property, (ii)(b) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(c) the costs of reletting commissions; and (iii) all Fixed Rent and Additional Rent otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating solely to Tenant’s failure to timely vacate and surrender the Premises upon at the expiration or earlier termination of the Lease, less deducting from the total determined under subsections (i), (ii) and (iii) above, all Rent which Landlord receives from other tenant(s) by reason of the leasing of the Premises during any period falling within the otherwise remainder of the Term. Mitigation of Damages. In the event this Lease is terminated as a result of an Event of Default, Landlord agrees to use reasonable efforts to mitigate its damages, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3.

Landlord’s Damages. The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: (i) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and (ii)(a) all reasonable costs and expenses reasonably incurred by Landlord in recovering possession of the Premises, including reasonable legal fees, and removal and storage of Tenant’s 's property, (ii)(b) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(c) the costs of reletting re-letting commissions; and (iii) all Fixed Rent and Additional Rent otherwise payable by Tenant over the remainder of the Term term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination of the Leasevalue, less deducting from the total determined under subsections (i), (ii) and (iii) above, all Rent which Landlord receives from other tenant(s) by reason of the leasing of the Premises during any period falling within the otherwise remainder of the Term. Mitigation of Damages. In Landlord shall have the event this Lease is terminated as a result of an Event of Defaultright, Landlord agrees to use reasonable efforts but no duty or liability, to mitigate its damages, provided that Landlord damages or rent the Premises to anyone other than Tenant. Any re-letting shall not be a termination of Tenant’s obligations under the Lease, and without Landlord expressly terminating the Lease, Tenant shall remain liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3all Rent due.

Landlord’s Damages. (1) The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: : (iA) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and and (ii)(aB) (i) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s 's property, (ii)(bii) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(ciii) the costs of reletting commissions; and and (iiiC) all Fixed Rent and Additional Rent (to the extent that the amount(s) of Additional Rent has been then determined) otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination of the Lease, less value. Less deducting from the total determined under subsections subparagraphs (iA), (iiB) and (iiiC) above, all Rent and all other Additional Rent to the extent determinable as aforesaid, (to the extent that like charges would have been payable by Tenant) which Landlord receives from other tenant(s) by reason of the leasing of the Premises or part during or attributable to any period falling within the otherwise remainder of the Term. Mitigation . (2) The damage sums payable by Tenant under the preceding provisions of Damages. In this paragraph (d) shall be payable on demand from time to time as the event this Lease is terminated amounts are determined; and if from Landlord's subsequent receipt of rent as a result aforesaid from reletting, there be any excess payment(s) by Tenant by reason of an Event the crediting of Defaultsuch rent thereafter received, the excess payment(s) shall be refunded by Landlord agrees to use reasonable efforts to mitigate its damagesTenant, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet the Premises in like manner as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3without interest.

Landlord’s Damages. The damages which Landlord shall be entitled to recover from Tenant shall be the sum of: of (i) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and (ii)(a) all reasonable costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal and storage of Tenant’s property, (ii)(b) the reasonable costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term, and (ii)(c) the costs of reletting commissions; and (iii) all Fixed Rent and Additional Rent otherwise payable by Tenant over the remainder of the Term as reduced to present value and all consequential other actual damages relating to Tenant’s failure to timely vacate and surrender the Premises upon the expiration or earlier termination breach of the Lease, less this Lease Agreement: Less deducting from the total determined under subsections (i), (ii) and (iii) above, all Rent rent which Landlord receives from other tenant(s) by reason of the leasing of the Premises during any period falling within the otherwise remainder of the Term, as well as any damages related to repairs, etc. Mitigation that are irrelevant given alternations made for the new tenant. 3. Landlord’s Right to Cure. Without limiting the generality of Damages. In the event this Lease is terminated as a result foregoing, if Tenant shall fail to perform any of an Event of Defaultits obligations hereunder, Landlord agrees may, in addition to use any other rights it may have in law or in equity, cure such default on behalf of Tenant, and Tenant shall reimburse Landlord upon demand for any suns paid or costs incurred by Landlord in curing such default, including reasonable efforts to mitigate its damagesattorneys’ fees and other legal expenses, provided that Landlord shall not be liable to Tenant for its inability to mitigate damages if it shall endeavor to relet together with interest from the Premises in like manner dates of Landlord’s incurring of costs or expenses at the Default Rate (as it offers other comparable vacant space or property available for leasing to others in the Project of which the Building is a part. 3defined below).