Common use of Landlord’s Duty to Mitigate Damages Clause in Contracts

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;

Landlord’s Duty to Mitigate Damages. Landlord's obligation to mitigate damages after a default by Tenant under this Lease shall be satisfied in full if Landlord undertakes to lease the Leased Premises to another tenant (aa "Substitute Tenant") in accordance with the following criteria: (i) Landlord shall have a duty no obligation to mitigate damages under this Lease. In furtherance thereofsolicit or entertain negotiations with any other prospective tenants for the Leased Premises until Landlord obtains full and complete possession of the Leased Premises including, Landlord shall use commercially reasonable efforts without limitation, the final and unappealable legal right to relet the Leased Premises on such terms and conditions as Landlord in its good faith judgment may determine free of any claim of Tenant. (including without limitation a term different than the Term, rental concessions, alterations and repair of the Leased Premisesii) and Tenant agrees that Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished, because of Landlord's failure obligated to actually relet offer the Leased Premises to a prospective tenant when other premises in the Project suitable for that prospective tenant's use are (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 soon will be able to re-let the Premises without removing the Tenant Improvementsbe) available. (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 obligated to give any preference or priority to the leasing of lease the Leased Premises over to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar office space in comparable office/warehouse buildings in the same market area as the Project, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord's then current leasing policies for comparable space in the Project. (iv) Landlord shall not be obligated to enter into a lease with any other space that proposed tenant whose use would: a. Violate any restriction, covenant, or requirement contained in the lease of another tenant of the Project; b. Adversely affect the reputation of the Project; or c. Be incompatible with the operation of the Project as a first-class office/warehouse building. (v) Landlord may have available. shall not be obligated to enter into a lease with any proposed Substitute Tenant, which does not have, in Landlord's reasonable opinion, sufficient financial resources or operating experience to operate the Leased Premises in a first-class manner. (vi) Landlord shall not be required to: (i) take to expend any instruction amount of money to alter, remodel, or advice given by Xxxxxx regarding reletting otherwise make the Leased Premises;Premises suitable for uses by a proposed Substitute Tenant unless: a. Tenant pays any such sum to Landlord in advance of Landlord's execution of a Substitute Lease with such Substitute Tenant (which payment shall not be in lieu of any damages or other sums to which Landlord may be entitled as a result of Tenant's default under this Lease); or b. Landlord, in Landlord's sole discretion, determines that any such expenditure is financially justified in connection with entering into any such Substitute Lease.

Landlord’s Duty to Mitigate Damages. Landlord's obligation to mitigate damages after a default by Tenant under this Lease shall be satisfied in full if Landlord undertakes to lease the Leased Premises to another tenant (aa "SUBSTITUTE TENANT") in accordance with the following criteria: (i) Landlord shall have a duty no obligation to mitigate damages under this Lease. In furtherance thereofsolicit or entertain negotiations with any other prospective tenants for the Leased Premises until Landlord obtains full and complete possession of the Leased Premises including, Landlord shall use commercially reasonable efforts without limitation, the final and unappealable legal right to possession and therefore the right to relet the Leased Premises on such terms and conditions as Landlord in its good faith judgment may determine free of any claim of Tenant. (including without limitation a term different than the Term, rental concessions, alterations and repair of the Leased Premisesii) and Tenant agrees that Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished, because of Landlord's failure obligated to actually relet offer the Leased Premises to a prospective tenant when other premises in the Project suitable for that prospective tenant's use are (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 soon will be able to re-let the Premises without removing the Tenant Improvementsbe) available. (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 obligated to give any preference or priority to the leasing of lease the Leased Premises over to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar office space in comparable office/warehouse buildings in the same market area as the Project, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord's then current leasing policies for comparable space in the Project. (iv) Landlord shall not be obligated to enter into a lease with any other space that proposed tenant whose use would: A. Violate any restriction, covenant, or requirement contained in the lease of another tenant of the Project; B. Adversely affect the reputation of the Project; or C. Be incompatible with the operation of the Project as a first-class office/warehouse building. (v) Landlord may have available. shall not be obligated to enter into a lease with any proposed Substitute Tenant which does not have, in Landlord's reasonable opinion, sufficient financial resources or operating experience to operate the Leased Premises in a first-class manner. (vi) Landlord shall not be required to: (i) take to expend any instruction amount of money to alter, remodel, or advice given by Xxxxxx regarding reletting otherwise make the Leased Premises;Premises suitable for uses by a proposed Substitute Tenant unless: A. Tenant pays any such sum to Landlord in advance of Landlord's execution of a Substitute Lease with such Substitute Tenant (which payment shall not be in lieu of any damages or other sums to which Landlord may be entitled as a result of Tenant's default under this Lease); or B. Landlord, in Landlord's sole discretion, determines that any such expenditure is financially justified in connection with entering into any such Substitute Lease.

Landlord’s Duty to Mitigate Damages. Landlord's obligation to mitigate ----------------------------------- damages after a default by Tenant under this Lease shall be satisfied in full if Landlord undertakes to lease the Leased Premises to another tenant (aa "Substitute Tenant") in accordance with the following criteria: (i) Landlord shall have a duty no obligation to mitigate damages under this Lease. In furtherance thereofsolicit or entertain negotiations with any other prospective tenants of or the Leased Premises until Landlord obtains full and complete possession of the Leased Premises including, Landlord shall use commercially reasonable efforts without limitation, the final and unappealable legal right to relet the Leased Premises on such terms and conditions as Landlord in its good faith judgment may determine free of any claim of Tenant. (including without limitation a term different than the Term, rental concessions, alterations and repair of the Leased Premisesii) and Tenant agrees that Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished, because of Landlord's failure obligated to actually relet offer the Leased Premises to a prospective tenant when other premises in the Project suitable for that prospective tenant's use are (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 soon will be able to re-let the Premises without removing the Tenant Improvementsbe) available. (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 obligated to give any preference or priority to the leasing of offer the Leased Premises over to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar space in comparable office/warehouse buildings in the same market area as the Project, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord's then current leasing policies for comparable space in the Project. (iv) Landlord shall not be obligated to enter into a lease with any other space that proposed tenant whose use would: a. Violate any restriction, covenant, or requirement contained in the lease of another tenant of the Project; b. Adversely affect the reputation of the Project; or c. Be incompatible with the operation of the Project as a first-class office/warehouse building. (v) Landlord may have available. shall not be obligated to enter into a lease with any proposed Substitute Tenant which does not have, in Landlord's reasonable opinion, sufficient financial resources or operating experience to operate the Leased Premises in a first-class manner. (vi) Landlord shall not be required to: (i) take to expend any instruction amount of money to altar, remodel, or advice given by Xxxxxx regarding reletting otherwise make the Leased Premises;Premises suitable for uses by a proposed Substitute Tenant unless: a. Tenant pays any such sum to Landlord in advance of Landlord's execution of s Substitute Lease with such Substitute Tenant (which payment shall not be in lieu of any damages or other sums to which Landlord may be entitled as a result of Tenant's default under this Lease); or b. Landlord in Landlord's sole discretion, determines that any such expenditure is financially justified in connection with entering into any such Substitute Lease.

Landlord’s Duty to Mitigate Damages. Landlord's obligation to mitigate damages after a default by Tenant under this Lease shall be satisfied in full if Landlord undertakes to lease the Leased Premises to another tenant (aa "Substitute Tenant") in accordance with the following criteria: (i) Landlord shall have a duty no obligation to mitigate damages under this Lease. In furtherance thereofsolicit or entertain negotiations with any other prospective tenants for the Leased Premises until Landlord obtains full and complete possession of the Leased Premises including, Landlord shall use commercially reasonable efforts without limitation, the final and unappealable legal right to relet the Leased Premises on such terms and conditions as Landlord in its good faith judgment may determine free of any claim of Tenant. (including without limitation a term different than the Term, rental concessions, alterations and repair of the Leased Premisesii) and Tenant agrees that Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished, because of Landlord's failure obligated to actually relet offer the Leased Premises to a prospective tenant when other premises in the Project suitable for that prospective tenant's use are (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 soon will be able to re-let the Premises without removing the Tenant Improvementsbe) available. (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 obligated to give any preference or priority to the leasing of lease the Leased Premises over to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar office space in comparable office/warehouse buildings in the same market area as the Project, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord's then current leasing policies for comparable space in the Project. (iv) Landlord shall not be obligated to enter into a lease with any other space that proposed tenant whose use would: a. Violate any restriction, covenant, or requirement contained in the lease of another tenant of the Project; b. Adversely affect the reputation of the Project; or c. Be incompatible with the operation of the Project as a first-class office/warehouse building. (v) Landlord may have available. shall not be obligated to enter into a lease with any proposed Substitute Tenant which does not have, in Landlord's reasonable opinion, sufficient financial resources or operating experience to operate the Leased Premises in a first-class manner. (vi) Landlord shall not be required to: (i) take to expend any instruction amount of money to alter, remodel, or advice given by Xxxxxx regarding reletting otherwise make the Leased Premises;Premises suitable for uses by a proposed Substitute Tenant unless: a. Tenant pays any such sum to Landlord in advance of Landlord's execution of a Substitute Lease with such Substitute Tenant (which payment shall not be in lieu of any damages or other sums to which Landlord may be entitled as a result of Tenant's default under this Lease); or b. Landlord, in Landlord's sole discretion, determines that any such expenditure is financially justified in connection with entering into any such Substitute Lease.

Landlord’s Duty to Mitigate Damages. Landlord’s obligation to mitigate damages after a default by Tenant under this Lease shall be satisfied in full if Landlord undertakes to lease the Leased Premises to another tenant (aa “Substitute Tenant”) in accordance with the following criteria: (i) Landlord shall have a duty no obligation to mitigate damages under this Lease. In furtherance thereofsolicit or entertain negotiations with any other prospective tenants for the Leased Premises until Landlord obtains full and complete possession of the Leased Premises including, Landlord shall use commercially reasonable efforts without limitation, the final and unappealable legal right to relet the Leased Premises on free of any claim of Tenant or such terms and conditions other written agreement of Tenant with respect to such matters as Landlord in its good faith judgment may determine shall be reasonably acceptable to Landlord. (including without limitation a term different than the Term, rental concessions, alterations and repair of the Leased Premisesii) and Tenant agrees that Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished, because of Landlord's failure obligated to actually relet offer the Leased Premises to a prospective tenant when other premises in the Project suitable for that prospective tenant’s use are (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 soon will be able to re-let the Premises without removing the Tenant Improvementsbe) available. (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 obligated to give any preference or priority to the leasing of lease the Leased Premises over to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar office space in comparable office/warehouse buildings in the same market area as the Project, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord’s then current leasing policies for comparable space in the Project. (iv) Landlord shall not be obligated to enter into a lease with any other space that proposed tenant whose use would: a. Violate any restriction, covenant, or requirement contained in the lease of another tenant of the Project; b. Adversely affect the reputation of the Project; or c. Be incompatible with the operation of the Project as a first-class office/warehouse building. (v) Landlord may have available. shall not be obligated to enter into a lease with any proposed Substitute Tenant, which does not have, in Landlord’s reasonable opinion, sufficient financial resources or operating experience to operate the Leased Premises in a first-class manner. (vi) Landlord shall not be required to: (i) take to expend any instruction amount of money to alter, remodel, or advice given by Xxxxxx regarding reletting otherwise make the Leased Premises;Premises suitable for uses by a proposed Substitute Tenant unless: a. Tenant pays any such sum to Landlord in advance of Landlord’s execution of a Substitute Lease with such Substitute Tenant (which payment shall not be in lieu of any damages or other sums to which Landlord may be entitled as a result of Tenant’s default under this Lease); or b. Landlord, in Landlord’s sole discretion, determines that any such expenditure is financially justified in connection with entering into any such Substitute Lease.