Landlord’s Duty to Mitigate Damages Sample Clauses

Landlord’s Duty to Mitigate Damages. (a) Landlord shall have a duty to mitigate damages under this Lease. In furtherance thereof, Landlord shall use commercially reasonable efforts to relet the Leased Premises on such terms and conditions as Landlord in its good faith judgment may determine (including without limitation a term different than the Term, rental concessions, alterations and repair of the Leased Premises) and Tenant agrees that Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished, because of Landlord's failure to actually relet the Leased Premises or collect rent due with respect to such reletting so long as Landlord has fulfilled its duty to make a "reasonable attempt" to relet. In no event shall Tenant be entitled to any rents received by Landlord. Notwithstanding the foregoing, Landlord and Tenant hereby recognize that the Permitted Use is unique, and it may be unlikely that the Landlord will be able to re-let the Premises without removing the Tenant Improvements. (b) Landlord and Tenant agree that Landlord shall be conclusively deemed to have made a "reasonable attempt" to relet the Leased Premises by doing the following: (i) posting a "For Lease" sign on the Leased Premises, (ii) advising Landlord's leasing staff (if any) of the availability of the Leased Premises; and (iii) advising at least one commercial brokerage entity familiar with the market in which the Leased Premises is located of the availability of the Leased Premises. In any proceeding in which Xxxxxxxx's compliance with this Section is at issue, Landlord shall be presumed to have used its reasonable efforts to relet the Leased Premises and Tenant shall bear the burden of proof to establish that such reasonable efforts were not used. (c) Landlord shall not in any event be required to give any preference or priority to the leasing of the Leased Premises over any other space that Landlord may have available. Landlord shall not be required to: (i) take any instruction or advice given by Xxxxxx regarding reletting the Leased Premises;
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Landlord’s Duty to Mitigate Damages. In the event that Landlord re-enters, retakes and resumes possession of any Property following an Event of Default, Landlord hereby agrees to use commercially reasonable efforts to relet any such Property and thereby mitigate the loss or damage which Tenant shall incur hereunder. Any rent received by Landlord as a result of such efforts may, at Landlord’s option, be first applied to the Costs incurred by Landlord in connection with such efforts.
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Landlord’s Duty to Mitigate Damages. In the event that Tenant defaults under any of its obligations under this lease resulting in Tenant no longer occupying the Premises, Landlord shall use reasonable efforts to relet the Premises. However, Landlord shall have no obligation to relet the Premises in preference to other space which may then be available for rental in the Building or in other buildings owned by Landlord or its affiliates. If Landlord is successful in reletting the Premises, Tenant shall be entitled to a credit in mitigation of Landlord's damages in the amount of all income received by Landlord pursuant to such reletting and attributable to the term of this lease, after Landlord has first recovered from such income the costs of such reletting (e.g., real estate brokerage commissions and the cost of altering the Premises for the substitute tenant).
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Landlord’s Duty to Mitigate Damages. Notwithstanding anything in this Exhibit “D” to the contrary, Landlord agrees that, in the event of an Event of Default by Tenant, Landlord shall use commercially reasonable efforts to mitigate Landlord’s damages. Landlord will cause: 1. one (1) Datacenter cage with one (1) lockable sliding gate to be installed, approximately as set forth on Exhibit “A”.
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Related to Landlord’s Duty to Mitigate Damages

  • No Duty to Mitigate Damages Executive’s benefits under this Exhibit C shall be considered severance pay in consideration of his past service and his continued service from the date of this Agreement, and his entitlement thereto shall neither be governed by any duty to mitigate his damages by seeking further employment nor offset by any compensation which he may receive from future employment.

  • No Obligation to Mitigate Damages Employee shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Employee as a result of employment by another employer or by retirement benefits after the Date of Termination, or otherwise, except to the extent provided in Section 3 above.

  • No Duty to Mitigate Executive will not be required to mitigate the amount of any payment contemplated by this Agreement, nor will any earnings that Executive may receive from any other source reduce any such payment.

  • Duty to Mitigate Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to this Agreement.

  • Duty to Perform and Duty to Mitigate 11.6.1 To the extent not prevented by a Force Majeure Event pursuant to Article 11.3, the Affected Party shall continue to perform its obligations pursuant to this Agreement. The Affected Party shall use its reasonable efforts to mitigate the effect of any Force Majeure Event as soon as practicable.

  • Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.

  • INADEQUACY OF DAMAGES Each Party agrees that damages would not be an adequate remedy for any breach by it of this Agreement and accordingly each Party shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement.

  • Actual Damages Contractor is liable to CMHA for all actual and direct damages caused by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, CMHA may substitute the services and/or material from a third party. CMHA may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.

  • Responsibility for Damages Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its’ employees, agents, or representatives in connection with the performance of this Contract. Contractor shall immediately report any such damage to people and/or property to the Contract Administrator.

  • Mitigation of Damages The Executive will not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise. Except as otherwise specifically provided in this Agreement, the amount of any payment provided for under this Agreement will not be reduced by any compensation earned by the Executive as the result of self-employment or employment by another employer or otherwise.

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