Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: (a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 4 contracts
Samples: Multi Tenant Lease (Encore Capital Group Inc), Single Tenant Industrial Lease (Synbiotics Corp), Multi Tenant Industrial Lease (E Digital Corp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 3 contracts
Samples: Office Lease (Auspex Pharmaceuticals, Inc.), Office Lease (Axesstel Inc), Office Lease (Hi/Fn Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Leasehold Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(aSubparagraphs 25.2(a) and 23.2(b25.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummarySubparagraph 1.18. As used in Section 23.2(cSubparagraph 25.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 3 contracts
Samples: Office Lease (SHG Holding Solutions Inc), Office Lease (Cardiogenesis Corp /Ca), Office Lease (Leasehold Resource Group LLC)
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord may at its option pursue any one or more of the following remedies, without any notice or demand to the extent permitted by Law:
(i) commence dispossessory proceedings with or without the termination of this Lease. Tenant shall remain liable for the payment of all Rent accruing after any writ of possession as to the Premises is issued to Landlord;
(ii) terminate Tenant’s right to possession without terminating this Lease. Upon any such termination of Tenant’s right to possession only without termination of this Lease, Landlord may, at Landlord’s option, do any one or more of the following in accordance with applicable Law: (i) enter into the Premises, remove Tenant’s signs and other evidences of tenancy and take and hold possession thereof, and exclude Tenant and all persons claiming under Tenant therefrom, without being liable for prosecution of any claim for damages or for trespass or other tort, and without such entry and possession terminating the Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay Rent; hereunder for the full Lease Term and (ii) remove all persons and property from the Premises and store or dispose of such property pursuant to Paragraph 5(c) of this Lease or any other procedures permitted by Law. In any such case, Landlord may relet the Premises on behalf of Tenant for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the Lease Term) and on such terms and conditions (which may include concessions of free rent and alteration, repair and improvement of the Premises) as Landlord, in its sole discretion, may determine and receive directly the rent by reason of the reletting. The proceeds of any such reletting shall be applied, first, to the necessary and proper expense of reletting, including brokerage commissions, attorneys’ fees, tenant improvement costs, tenant allowances and other inducements, and the cost of removing, storing and selling any property of Tenant; then to the payment of any indebtedness, other than Rent, due hereunder from Tenant to Landlord, including interest thereon; and then to the payment of any Rent or other sums due or to become due under this Lease. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Premises, but Tenant shall not be entitled to receive any excess of any such rents collected over the Rent reserved herein. Tenant further agrees to reimburse Landlord upon demand for any expenditures made by it for remodeling or repairing in order to relet the Premises and for all other expenses incurred in connection with such reletting (including attorney’s fees and brokerage commissions). Landlord shall have no obligation to relet the immediate option Premises or any part thereof and shall in no event be liable for failure to terminate this Lease and all rights of Tenant hereunder. In relet the Premises or any part thereof, or, in the event that Landlord of any such reletting, for refusal or failure to collect any rent due upon such reletting. No such refusal or failure shall elect operate to so relieve Tenant of any liability under this Lease. Tenant shall instead remain liable for all Rent and for all such expenses;
(iii) commence proceedings against Tenant for all amounts owed by Tenant to Landlord, whether as Base Rent, Additional Rent, damages or otherwise;
(iv) terminate this Lease, then in which event Tenant shall immediately surrender the Premises to Landlord may recover from Tenantand shall pay to Landlord on demand an amount calculated as follows:
(aA) the worth worth, at the time of award the award, of any the unpaid rent which had Rent that has been earned at the time of such terminationtermination of this Lease; plusand
(bB) the worth worth, at the time of the award award, of the amount by which the unpaid rent which Rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of such rental loss rent that Tenant proves could have been reasonably avoidedobtained by Landlord using reasonable diligence to relet the Premises; plusand
(cC) the worth worth, at the time of award the award, of the amount by which the unpaid rent Rent for the shorter of the balance of the term Lease Term (or the then current extension period) after the time of the award or the period commencing with the time of the award and ending on the fifth (5th) anniversary of the effective date of Lease termination exceeds the amount of rent that could have been reasonably obtained by Landlord using reasonable diligence to relet the Premises for such rental loss that Tenant proves could be reasonably avoidedshorter period; plusand
(dD) any other amount and court costs necessary to compensate Landlord for all the detriment proximately directly caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation Lease. The following words and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As phrases as used in Sections 23.2(athis Paragraph 12(b)(iv) and 23.2(b) above, shall have the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).following meanings:
Appears in 2 contracts
Samples: Office Lease (SecureWorks Corp), Office Lease (SecureWorks Holding Corp)
Landlord’s Remedies; Termination. In the event of any such event of default by TenantTenant beyond applicable notice and cure periods, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and Landlord shall have all the rights and remedies of a Landlord provided by Section 1951.2 of the California Civil Code. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(asubparagraph (i) and 23.2(bsubparagraph (ii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Default Rate set forth in Section 1.14 of the Summary(as defined below). As used in Section 23.2(csubparagraph (iii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 2 contracts
Samples: Office Lease (Sienna Biopharmaceuticals, Inc.), Office Lease (Sienna Biopharmaceuticals, Inc.)
Landlord’s Remedies; Termination. In the event of any such default Event of Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law, Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement reasonable attorneys’ fees and costs; attorneys' fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 2 contracts
Samples: Office and Industrial/Commercial Lease (Input Output Inc), Office and Industrial/Commercial Lease (Input Output Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 2 contracts
Samples: Multi Tenant Industrial Lease (Aurora Biosciences Corp), Multi Tenant Industrial Lease (Triple Net) (Aurora Biosciences Corp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law, which provides that Landlord may continue this Lease in effect following Tenant's breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 2 contracts
Samples: Office Building Lease (Supergen Inc), Office Building Lease (Simpson Manufacturing Co Inc /Ca/)
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's Tenants failure to perform its obligations under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal propertyproperly, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(asubparagraphs (i) and 23.2(b(ii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Default Rate set forth in Section 1.14 of the Summary(as defined below). As used in Section 23.2(csubparagraph (iii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).Bank
Appears in 2 contracts
Samples: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)
Landlord’s Remedies; Termination. In the event Event of any such default by TenantDefault, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom there from, including, but not limited to: unamortized Tenant Improvement costs; reasonable attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the PremisesPremises to the extent of damage beyond ordinary wear and tear; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 1.13 of the Summary. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 2 contracts
Samples: Lease (QuantumScape Corp), Office Lease (QuantumScape Corp)
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and Landlord shall have all the rights and remedies of a Landlord provided by Section 1951.2 of the California Civil Code. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(asubparagraph (i) and 23.2(bsubparagraph (ii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Default Rate set forth in Section 1.14 of the Summary(as defined below). As used in Section 23.2(csubparagraph (iii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Aethlon Medical Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, Tenant (as defined in addition to any other remedies available to Landlord under this Lease, at law or in equitySection 21(a) above), Landlord shall have all remedies available at law and equity, including without limitation (i) the immediate option right to terminate this Tenant's possession of the Premises to the extent permitted under California Civil Code Section 1951.2 or any successor statute or similar law, and (ii) the remedy described in California Civil Code Section 1951.4 or any successor statute or similar law (Landlord may continue the Lease in effect after Tenant's breach and all rights abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations). If Landlord elects to terminate Tenant's right of Tenant hereunder. In possession and the event that Landlord shall elect Lease terminates in accordance with California Civil Code Section 1951.2, then, to so terminate this Leasethe extent permitted under applicable law, then Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would results therefrom. The items described in clause (iv) of the immediately preceding sentence may include (but shall not be likely to result therefrom including, but not limited to) the following items as determined by the court: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and (unless otherwise agreed in writing between Landlord and Tenant) removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of the Allowance (as defined in the Work Letter). The unamortized value of the Allowance shall be determined by taking the total amount of the Allowance and multiplying such amount by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 21(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 21(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and Landlord shall have all the rights and remedies of a Landlord provided by Section 1951.2 of the California Civil Code. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costscosts (including Landlord’s Construction Allowance); attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Xencor Inc)
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar Law, which provides that Landlord may continue this Lease in effect following Tenant’s breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of as permitted by applicable Law. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: the total unamortized Tenant Improvement sum of any Abated Amount and Applied Allowance (amortized on a straight line basis over the initial Term of this Lease), tenant improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; any costs required to return the Premises to the conditioned required at the end of the Term; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove; plus (e) all other monetary damages allowed under applicable Law. As used in Sections 23.2(a23.1 (a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). To the extent the Premises are located in California, Tenant hereby waives for Tenant and all those claiming under Tenant all right now or hereafter existing including, without limitation, any rights under California Code of Civil Procedure Sections 1174 and 1179 and Civil Code Section 1950.7 to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Inphi Corp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any reduced rent (amortized over the Original Term, with interest thereon at the Interest Rate), reduced rent, free parking, reduced rate parking or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(asubparagraphs 22(b)(i) and 23.2(b22(b)(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(csubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
(cavoided;plus(iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Building Lease (Virtual Mortgage Network Inc)
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar Law, which provides that Landlord may continue this Lease in effect following Tenant’s breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of as permitted by applicable Law. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: the total unamortized Tenant Improvement sum of any Abated Amount (amortized on a straight line basis over the initial Term of this Lease), tenant improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; any costs required to return the Premises to the conditioned required at the end of the Term; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements tenant improvements and any other items which Tenant is required under this Lease to remove but does not remove; plus (e) all other monetary damages allowed under applicable Law. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). To the extent the Premises are located in California, Tenant hereby waives for Tenant and all those claiming under Tenant all right now or hereafter existing including, without limitation, any rights under California Code of Civil Procedure Sections 1174 and 1179 and Civil Code Section 1950.7 to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease.
Appears in 1 contract
Samples: Commercial Lease Agreement (Zhone Technologies Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all ail the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default Event of Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law Law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a22.2(a) and 23.2(b22.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 1.10 of the Summary. As used in Section 23.2(c22.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law, which provides that Landlord may continue this Lease in effect following Tenant's breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount prime rate of the Federal Reserve as set by Xxxxx Fargo Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Building Lease (California First National Bancorp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; : attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of awardWORTH AT THE TIME OF AWARD" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, and subsequent to Landlord providing Tenant with an additional (i.e., in addition to any notice required by Article 22 above) written notice and ten (10) days to cure any such Default, then in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of as permitted by applicable Law. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; any costs required to return the Premises to the conditioned required at the end of the Term; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove; plus (e) all other monetary damages allowed under applicable Law. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Commercial Lease (Orchard Supply Hardware Stores Corp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law, Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom results therefrom, including, but not limited to: unamortized Tenant Improvement costs; to reasonable attorneys' fees’ fees and costs actually incurred; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements the Tenant’s Work and any other items which Tenant is required under this Lease to remove but does not remove, as well as any unamortized Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Term. As used in Sections 23.2(athis clauses (i) and 23.2(b(ii) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cclause (iii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Zones Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law, which provides that Landlord may continue this Lease in effect following Tenant's breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorney's fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. As used in Sections 23.2(a) The unamortized value of such concessions shall be determined by taking the total value of such concessions and 23.2(b) abovemultiplying such value by a fraction, the "worth at the time numerator of award" which is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).the
Appears in 1 contract
Samples: Sublease (Thinka Weight Loss Corp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Willdan Group, Inc.)
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar Law, which provides that Landlord may continue this Lease in effect following Tenant's breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of as permitted by applicable Law. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement coststherefrom; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal plus (including the repair of any damage caused by such removale) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required all monetary damages allowed under this Lease to remove but does not removeapplicable Law. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). To the extent the Premises are located in California, Tenant hereby waives for Tenant and all those claiming under Tenant all right now or hereafter existing including, without limitation, any rights under California Code of Civil Procedure Sections 1174 and 1179 and Civil Code Section 1950.7 to redeem by order or judgment of any court or by any legal process or writ, Tenant's right of occupancy of the Premises after any termination of this Lease.
Appears in 1 contract
Samples: Multi Tenant Lease (Nnn) (WaferGen Bio-Systems, Inc.)
Landlord’s Remedies; Termination. In the event of any such default by -------------------------------- Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement reasonable attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, refurbishment alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any Tenant Improvement costs (less any reasonable residual value of the Tenant Improvements) incurred by Landlord pursuant to this Lease. The unamortized value of such costs shall be determined by taking the total of such costs and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated. and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubsection 22(b)(i) and 23.2(b) aboveSubsection 22(b)(ii), the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(c) aboveSubsection 22(b)(iii), the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; reasonable attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" award “ is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Building Lease (Ijnt Net Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law, Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements Alterations and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free or reduced rent or any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which this Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Industrial Lease (Cutter & Buck Inc)
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and Landlord shall have all the rights and remedies of a Landlord provided by Section 1951.2 of the California Civil Code. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesImprovements, Tenant Improvements Alterations, and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(asubparagraph (i) and 23.2(bsubparagraph (ii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Default Rate set forth in Section 1.14 of the Summary(as defined below). As used in Section 23.2(csubparagraph (iii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law, Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking (provided Landlord is then currently charging for surface parking within the Development), reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Silicon Image Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law, Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder, but subject to the forcible entry and detainer laws of Colorado. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement legal fees and costs; attorneys' fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, the remedies of Civil Code Section 1951.4 and any successor statute or similar law, which provides that Landlord may continue this Lease in effect following Tenant's breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements Alterations and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). To the extent that Landlord's claim against Tenant includes commissions or other leasing and construction costs related to the execution by Landlord of a new lease for all or any portion of the Premises, the costs for which Tenant shall be liable shall be limited to an amount which is reasonable when considering that some or all of such costs would have eventually had to have been incurred by Landlord even if Tenant did not default.
Appears in 1 contract
Samples: Lease (Apria Healthcare Group Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law, Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys’ fees and costs; attorneys' fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changesalterations, Tenant Improvements the tenant improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(bSubparagraphs 22(b)(ii) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises arc located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changesalterations, Tenant Improvements the tenant improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys’ fees and costs; attorneys' fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changesalterations, Tenant Improvements the tenant improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(bSubparagraphs 22(b)(ii) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Industrial Lease (Mfic Corp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of awardWORTH AT THE TIME OF AWARD" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Lease (Doubleclick Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. , As used in Sections 23.2(a22.2(a) and 23.2(b22.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 1.13 of the Summary. As used in Section 23.2(c22.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law, which provides that Landlord may continue this Lease in effect following Tenant’s breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement reasonable attorneys’ fees and costs; attorneys' fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(c21(b)(iii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation renovations and repair of the Premises; Premises and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any other economic concessions provided, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and Landlord shall have all the rights and remedies of a Landlord provided by Section 1951.2 of the California Civil Code. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not removetherefrom. As used in Sections 23.2(asubparagraph (i) and 23.2(bsubparagraph (ii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Default Rate set forth in Section 1.14 of the Summary(as defined below). As used in Section 23.2(csubparagraph (iii) of Paragraph 12(b) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Salesforce Com Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law and under this Lease (except for the remedy described in Subparagraph 22(c) below), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Building Lease (Interplay Entertainment Corp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changesalterations, Tenant Improvements the tenant improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(bSubparagraphs 22(b)(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Industrial Lease (AcuNetx, Inc.)
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord may at its option pursue any one or more of the following remedies, without any notice or demand to the extent permitted by Law:
(i) Landlord may enter the Premises without terminating this Lease and perform any covenant or agreement or cure any condition creating or giving rise to an event of default under this Lease and Tenant shall pay to Landlord on demand, as additional rent, the amount expended by Landlord in performing such covenants or agreements or satisfying or observing such condition. Landlord, or its agents or employees, shall have the immediate option right to enter the Premises, and such entry and such performance shall not terminate this Lease or constitute an eviction of Tenant.
(ii) Landlord may terminate this Lease by written notice to Tenant (and not otherwise) or Landlord may terminate Tenant’s right of possession without terminating this Lease. In either of such events Tenant shall surrender possession of and vacate the Premises promptly and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord full and free license to enter the Premises, in whole or in part, with or without process of law and to expel or remove Tenant and any other person, firm or entity who may be occupying the Premises or any part thereof and remove any and all rights of Tenant hereunder. property therefrom, using such lawful force as may be necessary.
(iii) In the event that Landlord shall elect elects to so re-enter or take possession of the Premises after Tenant’s default, with or without terminating this Lease, Landlord may change locks or alter security devices and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Premises without being liable for any claim for damages.
(iv) Notwithstanding anything herein to the contrary, if Landlord terminates Tenant’s right to possession without terminating this Lease after an event of default, Landlord shall, if required by Law, use commercially reasonable efforts to relet the Premises and mitigate damage as set forth in Paragraph 12(c) below.
(v) Notwithstanding any prior election by Landlord to not terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time any time, including subsequent to any re-entry or taking of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time possession of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds Premises as allowed hereinabove, elect to terminate this Lease. Tenant shall be liable for and shall promptly pay to Landlord the amount of all Base Rent and other sums of money due under this Lease as may have accrued as of the date of termination. Tenant shall also promptly pay to Landlord, as agreed and liquidated damages, an amount of money equal to the Base Rent and other amounts due for the remaining portion of the Lease Term (had such term not been terminated by Landlord prior to the expiration of the Lease Term), less the fair rental loss that Tenant proves could have been reasonably avoided; plus
value of the Premises for the residue of the Lease Term, both discounted to their present value based upon an interest rate of eight percent (c8%) the worth at per annum. In determining fair rental value, Landlord shall be entitled to take into account the time of award and expenses necessary to obtain a replacement tenant or tenants, including lost rental revenues and anticipated expenses hereinafter described relating to recovery, preparation and reletting of the Premises. If Landlord elects to relet the Premises, or any portion thereof, before presentation of proof of such liquidated damages, the amount by which of rent reserved upon such reletting shall be deemed prima facie evidence of the unpaid fair rental value of the portion of the Premises so relet. Landlord and Tenant agree that because of the difficulty or impossibility of determining Landlord’s damages from the loss of anticipated Additional Rent and other lease charges from the Tenant, there shall be included as a component of Tenant’s annual total rent obligation (for the balance calculation of Landlord’s remedies), an amount equal to the average monthly Additional Rent paid by Tenant for the twelve (12) full calendar months immediately preceding the event of default (or such lesser period of the term after if the time event of award exceeds default occurs prior to the amount twelfth (12th) full calendar month of such rental loss that Tenant proves could be reasonably avoided; plusthe term) multiplied by the number of months remaining in the Lease Term.
(dvi) In addition to any other amount necessary sum provided to compensate be paid above, Tenant shall also be liable for and shall promptly pay to Landlord for all broker’s fees incurred by Landlord in connection with any reletting of the detriment proximately caused by Tenant's failure to perform its obligations under this Lease whole or whichany part of the Premises, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishmentremoving and storing Tenant’s or any other occupant’s property, alterationsthe cost of repairing, renovation altering, remodeling, renovating or otherwise putting the Premises into a condition acceptable to a new tenant or tenants, the cost of removal and repair replacement of Tenant’s signage and all reasonable expenses by Landlord in enforcing Landlord’s remedies, including reasonable attorneys’ fees.
(vii) Landlord may apply Tenant’s Security Deposit to the extent necessary to make good any rent arrearage, to pay the cost of remedying Tenant’s default or to reimburse Landlord for expenditures made or damages suffered as a consequence of Tenant’s default, without prejudice to any other remedies Landlord may have under this Lease. Following any such application of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixturesSecurity Deposit, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease shall pay to remove but does not remove. As used Landlord on demand the amount so applied in Sections 23.2(a) and 23.2(b) above, order to restore the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)Security Deposit to its original amount.
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law). Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changesalterations, Tenant Improvements the tenant improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items Items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Multi Tenant Industrial Lease (BioMed Realty Trust Inc)
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord may at its option pursue any one or more of the following remedies, without any notice or demand to the extent permitted by Law:
(i) Landlord may enter the Premises without terminating this Lease and perform any covenant or agreement or cure any condition creating or giving rise to an event of default under this Lease and Tenant shall pay to Landlord on demand, as additional rent, the amount expended by Landlord in performing such covenants or agreements or satisfying or observing such condition. Landlord, or its agents or employees, shall have the immediate option right to enter the Premises for such purpose, and such entry and such performance shall not terminate this Lease or constitute an eviction of Tenant.
(ii) Landlord may terminate this Lease by written notice to Tenant (and not otherwise) or Landlord may terminate Tenant’s right of possession without terminating this Lease. In either of such events Tenant shall surrender possession of and vacate the Premises immediately and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord full and free license to enter the Premises, in whole or in part, with or without process of law and to expel or remove Tenant and any other person, firm or entity who may be occupying the Premises or any part thereof and remove any and all property therefrom, using such lawful force as may be necessary. 32 TEXAS WITH BASE YEAR
(iii) In the event Landlord elects to re-enter or take possession of the Premises after Tenant’s default, with or without terminating this Lease, Landlord may change locks or alter security devices and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Premises without being liable for any claim for damages, except as required by Texas Property Code Section 93.002 or any successor legislation.
(iv) Notwithstanding anything herein to the contrary, if Landlord terminates Tenant’s right to possession without terminating this Lease after an event of default, Landlord shall, if required by Law, use commercially reasonable efforts to relet the Premises and mitigate damage as set forth in Paragraph 12(c) below.
(v) Notwithstanding any prior election by Landlord to not terminate this Lease, Landlord may at any time, including subsequent to any re-entry or taking of possession of the Premises as allowed hereinabove, elect to terminate this Lease and all rights of Tenant hereunder. In so long as the event that of default in question is still continuing. Tenant shall be liable for and shall immediately pay to Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of all Base Rent and other sums of money due under this Lease as may have accrued as of the date of termination. Tenant shall also immediately pay to Landlord, as agreed and liquidated damages, an amount of money equal to the Base Rent and other amounts due for the remaining portion of the Lease Term (had such term not been terminated by Landlord prior to the expiration of the Lease Term), less the fair rental loss that Tenant proves could have been reasonably avoided; plus
value of the Premises for the residue of the Lease Term, both discounted to their present value based upon an interest rate of eight percent (c8%) the worth at per annum. In determining fair rental value, Landlord shall be entitled to take into account the time of award and expenses necessary to obtain a replacement tenant or tenants, including lost rental revenues and anticipated expenses hereinafter described relating to recovery, preparation and reletting of the Premises. If Landlord elects to relet the Premises, or any portion thereof, before presentation of proof of such liquidated damages, the amount by which of rent reserved upon such reletting shall be deemed prima facie evidence of the unpaid fair rental value of the portion of the Premises so relet. Landlord and Tenant agree that because of the difficulty or impossibility of determining Landlord’s damages from the loss of anticipated Additional Rent and other lease charges from the Tenant, there shall be included as a component of Tenant’s annual total rent obligation (for the balance calculation of Landlord’s remedies), an amount equal to the average monthly Additional Rent paid by Tenant for the twelve (12) full calendar months immediately preceding the event of default (or such lesser period of the term after if the time event of award exceeds default occurs prior to the amount twelfth (12th) full calendar month of such rental loss that Tenant proves could be reasonably avoided; plusthe term) multiplied by the number of months remaining in the Lease Term.
(dvi) In addition to any sum provided to be paid above, Tenant shall also be liable for and shall immediately pay to Landlord all commercially reasonable broker’s fees incurred by Landlord in connection with any reletting of the whole or any part of the Premises, the costs of removing and storing Tenant’s or any other amount necessary to compensate Landlord for all occupant’s property, the detriment proximately cost of repairing, altering, remodeling, renovating or otherwise putting the Premises in good repair and condition consistent with that required at expiration of this Lease (reasonable wear and tear [and condemnation and fire or other casualty damage not caused by Tenant's failure , as to perform its obligations under this Lease or whichwhich Paragraphs 9 and 10 shall control] excepted), in the ordinary course cost of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation removal and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) replacement of Tenant's personal property’s signage and all reasonable expenses by Landlord in enforcing Landlord’s remedies, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)including reasonable attorneys’ fees.
Appears in 1 contract
Samples: Office Lease (Markit Ltd.)
Landlord’s Remedies; Termination. In the event of any such event of default by TenantXxxxxx, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord may at its option pursue any one or more of the following remedies, without any notice or demand to the extent permitted by law:
(i) Landlord may enter the Premises without terminating this Lease and perform any covenant or agreement or cure any condition creating or giving rise to an event of default under this Lease and Tenant shall pay to Landlord on demand, as additional rent, the amount expended by Landlord in performing such covenants or agreements or satisfying or observing such condition. Landlord, or its agents or employees, shall have the immediate option right to enter the Premises, and such entry and such performance shall not terminate this Lease or constitute an eviction of Tenant;
(ii) Landlord may terminate this Lease by written notice to Tenant (and not otherwise) or Landlord may terminate Tenant’s right of possession without terminating this Lease. In either of such events Xxxxxx shall surrender possession of and vacate the Premises immediately and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord full and free license to enter the Premises, in whole or in part, with or without process of law and to expel or remove Tenant and any other person, firm or entity who may be occupying the Premises or any part thereof and remove any and all rights of Tenant hereunder. property therefrom, using such lawful force as may be necessary;
(iii) In the event Landlord elects to re-enter or take possession of the Premises after Xxxxxx’s default, with or without terminating this Lease, Landlord may change locks or alter security devices and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Premises without being liable for any claim for damages. Xxxxxx agrees that this provision of this Lease will override and control any conflicting provisions of Sections 93.002 and 93.003 of the Texas Property Code, as well as any successor statute governing the right of landlord to change the door locks of a commercial tenant;
(iv) Notwithstanding anything herein to the contrary, if Landlord shall elect terminates Tenant’s right to so possession without terminating this Lease after an event of default, Landlord shall, if required by State law, use commercially reasonable efforts to relet the Premises and mitigate damage as set forth in Paragraph 14(c) below;
(v) Notwithstanding any prior election by Landlord to not terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time any time, including subsequent to any re-entry or taking of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time possession of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds Premises as allowed hereinabove, elect to terminate this Lease. Tenant shall be liable for and shall immediately pay to Landlord the amount of all Base Rent and other sums of money due under this Lease as may have accrued as of the date of termination. Tenant shall also immediately pay to Landlord, as agreed and liquidated damages, an amount of money equal to the Base Rent and other amounts due for the remaining portion of the Lease Term (had such term not been terminated by Landlord prior to the expiration of the Lease Term), less the fair rental loss that Tenant proves could have been reasonably avoided; plus
value of the Premises for the residue of the Lease Term, both discounted to their present value based upon an interest rate of eight percent (c8%) the worth at per annum. In determining fair rental value, Landlord shall be entitled to take into account the time of award and expenses necessary to obtain a replacement tenant or tenants, including lost rental revenues and anticipated expenses hereinafter described relating to recovery, preparation and reletting of the Premises. If Landlord elects to relet the Premises, or any portion thereof, before presentation of proof of such liquidated damages, the amount by which of rent reserved upon such reletting shall be deemed prima facie evidence of the unpaid fair rental value of the portion of the Premises so relet; Landlord and Tenant agree that because of the difficulty or impossibility of determining Landlord’s damages from the loss of anticipated Additional Rent and other lease charges from the Tenant, there shall be included as a component of Tenant’s annual total rent obligation (for the balance calculation of Landlord’s remedies), an amount equal to the average monthly Additional Rent paid by Tenant for the twelve (12) full calendar months immediately preceding the event of default (or such lesser period of the term after if the time event of award exceeds default occurs prior to the amount twelfth (12th) full calendar month of such rental loss that Tenant proves could be reasonably avoided; plusthe term) multiplied by the number of months remaining in the Lease Term;
(dvi) In addition to any other amount necessary sum provided to compensate be paid above, Tenant shall also be liable for and shall immediately pay to Landlord for all broker’s fees incurred by Landlord in connection with any reletting of the detriment proximately caused by Tenant's failure to perform its obligations under this Lease whole or whichany part of the Premises, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishmentremoving and storing Tenant’s or any other occupant’s property, alterationsthe cost of repairing, renovation altering, remodeling, renovating or otherwise putting the Premises into a condition acceptable to a new tenant or tenants, the cost of removal and repair replacement of Xxxxxx’s signage and all reasonable expenses by Landlord in enforcing Landlord’s remedies, including reasonable attorneys’ fees; and
(vii) Landlord may apply Tenant’s Security Deposit to the extent necessary to make good any rent arrearage, to pay the cost of remedying Tenant’s default or to reimburse Landlord for expenditures made or damages suffered as a consequence of Tenant’s default, without prejudice to any other remedies Landlord may have under this Lease. Following any such application of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixturesSecurity Deposit, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease shall pay to remove but does not remove. As used Landlord on demand the amount so applied in Sections 23.2(a) and 23.2(b) above, order to restore the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)Security Deposit to its original amount.
Appears in 1 contract
Samples: Industrial Lease (Sow Good Inc.)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (aI) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changesalterations, Tenant Improvements the tenant improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Lease Agreement (Nanosensors Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law providing that Landlord may continue this Lease in effect after Tenant's breach and abandonment and collect rent as it becomes due, provided Tenant has the right to sublet or assign, subject only to reasonable limitations), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount reasonably necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of $400,000 of the Tenant Improvement Allowance as well as the full unamortized value of the Used Excess Allowance described in the Work Letter Agreement. The unamortized value of such allowance(s) shall be determined by taking the total value of such amount(s) and multiplying such amount(s) by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar Law, which provides that Landlord may continue this Lease in effect following Tenant’s breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of as permitted by applicable Law. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: the total unamortized Tenant Improvement costssum of any Abated Amount (amortized on a straight line basis over the initial Term of this Lease); attorneys' fees; unamortized brokers' commissions; any costs required to return the costs of refurbishment, alterations, renovation and repair Premises to the condition required at the end of the PremisesTerm; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements Alterations and any other items which Tenant is required under this Lease to remove but does not remove; plus (e) all other monetary damages allowed under applicable Law. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). To the extent the Premises are located in California, Tenant hereby waives for Tenant and all those claiming under Tenant all right now or hereafter existing including, without limitation, any rights under California Code of Civil Procedure Sections 1174 and 1179 and Civil Code Section 1950.7 to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease.
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b22(b)(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Lease Agreement (Illumina Inc)
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
Tenant all monetary damages allowed under applicable Law, which may include: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) the prorated amount of any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a23.1(a), 23.1(b) and 23.2(b23(c) above, the "“worth at the time of award" ” is computed by allowing interest for Sections 23.1(a) and 23.1(b) and by discounting such amount in Section 23.1(c) at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar Law, which provides that Landlord may continue this Lease in effect following Tenant’s breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of as permitted by applicable Law. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's Xxxxxx’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: the total unamortized Tenant Improvement sum of any Abated Amount (amortized on a straight line basis over the initial Term of this Lease), tenant improvement costs, and brokers’ commissions; attorneys' ’ fees; unamortized brokers' commissionsany costs required to return the Premises to the condition required at the end of the Term; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove; plus (e) all other monetary damages allowed under applicable Law. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). To the extent the Premises are located in California, Tenant hereby waives for Tenant and all those claiming under Tenant all right now or hereafter existing including, without limitation, any rights under California Code of Civil Procedure Sections 1174 and 1179 and Civil Code Section 1950.7 to redeem by order or judgment of any court or by any legal process or writ, Xxxxxx’s right of occupancy of the Premises after any termination of this Lease.
Appears in 1 contract
Samples: Office/Industrial Lease (iRhythm Technologies, Inc.)
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law, which provides that Landlord may continue this Lease in effect following Tenant's breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Building Lease (Alliance Bancshares California)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; reasonable attorneys' fees; unamortized prorated brokers' commissions; the costs of refurbishment, alterations, renovation and repair of to return the PremisesPremises to the condition in which it was delivered by Landlord; and the reasonable costs of removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of awardWORTH AT THE TIME OF AWARD" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of awardWORTH AT THE TIME OF AWARD" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Good Guys Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, Tenant in addition to any other remedies available to Landlord under this Lease, at law or in equity, equity under applicable law (including without limitation to the extent the Premises are located in California the remedies of Civil Code Section 1951.4 and any successor statute or similar law) Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this Lease, then to the extent permitted under applicable law Landlord may recover from Tenant:
: (ai) the worth at the time lime of award of any unpaid rent which had been earned at the time of such termination; plus
termination plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time lime of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
avoided plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, which in the ordinary course of things, would be likely to result things results therefrom including, including but not limited to: unamortized Tenant Improvement attorneys fees and costs; attorneys' fees; unamortized brokers' brokers commissions; the costs of refurbishment, alterations, refurbishment alterations renovation and repair of the Premises; Premises and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, property equipment fixtures alterations the Tenant Changes, Tenant Improvements improvements and any other items which Tenant is required under this Lease to remove but does not removeremove as well as the unamortized value of any tree rent reduced rent free parking reduced rate parking and any tenant improvement allowance or other costs or economic concessions provided paid granted or incurred by Landlord pursuant to this Lease. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, above the "worth at the time of award" award is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summaryinterest Rate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, above the "worth at the time of award" award is computed by discounting such amount at al the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Lease Agreement (Litronic Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom includingIncluding, but not limited to: unamortized Tenant Improvement costs; reasonable attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the PremisesPremises to the extent of damage beyond ordinary wear and tear; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement reasonable attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, and any Tenant Improvement Allowance or other reasonable costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term; provided, however, that such amount is consistent with Landlord's accounting methods in effect at the time of such default. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Standard Industrial/Commercial Lease (Axsys Technologies Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all any rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; , plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord landlord for all the detriment proximately caused by Tenant's ’s failure to perform its Its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; , unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a22 2(a) and 23.2(b22 2(b) above, the "“worth at the time of award" is ” Is computed by allowing interest at the Interest Rate set forth in Section 1.14 1 12 of the Summary. Summary As used in Section 23.2(c22 2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Single Tenant Industrial Lease (Imcor Pharmaceutical Co)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 1.15 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderunder this Lease. In the event that If Landlord shall elect elects to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' , fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a19.2(a) and 23.2(b19.2(b) above, the "'worth at the time of award" ' is computed by allowing interest at the Interest Rate set forth in Section 1.14 1.13 of the Summary. As used in Section 23.2(c19.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Lease Agreement (Eyeonics Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changesalterations, Tenant Improvements the tenant improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Lease Agreement (Softlink Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a22.2(a) and 23.2(b22.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 1.12 of the Summary. As used in Section 23.2(c22.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Single Tenant Industrial Lease (Alliance Pharmaceutical Corp)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement reasonable attorneys’ fees and costs; attorneys' fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation renovations and repair of the Premises; Premises and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Building Lease (Monolithic System Technology Inc)
Landlord’s Remedies; Termination. In the event Upon any Event of any such default by TenantDefault, in addition to any other rights and remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) all other sums, expenses and damages suffered or incurred by Landlord arising from or related to the Event of Default and any other amount necessary that Landlord is entitled to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations recover under this Lease or whichapplicable law, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary23.6. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Multi Tenant Industrial Lease (Lacrosse Footwear Inc)
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar Law, which provides that Landlord may continue this Lease in effect following Tenant’s breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of as permitted by applicable Law. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: the total unamortized Tenant Improvement sum of any Abated Amount (amortized on a straight line basis over the initial Term of this Lease), tenant improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; any costs required to return the Premises to the conditioned required at the end of the Term; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove; plus (e) all other monetary damages allowed under applicable Law. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). To the extent the Premises are located in California, Tenant hereby waives for Tenant and all those claiming under Tenant all right now or hereafter existing including, without limitation, any rights under California Code of Civil Procedure Sections 1174 and 1179 and Civil Code Section 1950.7 to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease.
Appears in 1 contract
Samples: Commercial Lease (Gigamon LLC)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the he unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant "Unreimbursed Leasehold Improvement costsCosts" (as defined below); attorneys' fees; unamortized brokers' , commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Leasehold Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used herein, the term "Unreimbursed Leasehold Improvement Costs" shall mean the product when multiplying (i) the sum of any Leasehold Improvement allowance plus any other costs provided, paid or incurred by Landlord in Sections 23.2(aconnection with the design and construction of the initial Leasehold Improvements installed in the Premises prior to he Commencement Date pursuant to Exhibit "F", by (ii) the fraction, he ---------- numerator of which is the number of months of the Term of this Lease not yet elapsed as of the date on which this Lease is terminated (excluding any unexercised renewal options), and the denominator of which is the total number of months of the Term of this Lease (excluding any unexercised renewal options). For example, if the total costs paid or incurred by Landlord with respect to the initial Leasehold Improvements was $100,000.00, the Lease Term was sixty (60) months, and the Lease was terminated by reason of Tenant's default at the end of twelve (12) months, the Unreimbursed Leasehold Improvement Costs would be equal to $80,000.00 (i.e., $80,000.00 equals $100,000.00 x 48/60). As used in Subparagraphs 25.2(a) and 23.2(b25.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummarySubparagraph 1.18. As used in Section 23.2(cSubparagraph 25.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default (beyond the expiration of all applicable notice and cure periods) by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. , As used in Sections 23.2(a22.2(a) and 23.2(b22.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 1.13 of the Summary. As used in Section 23.2(c22.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by TenantTenaxx, in xx addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of awardWORTH AT THE TIME OF AWARD" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Websidestory Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law, Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
: (ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements Alterations and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free or reduced rent or any tenant improvement allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which this Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraph 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Industrial Lease (Cutter & Buck Inc)
Landlord’s Remedies; Termination. In the event of any such default by TenantXxxxxx, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of at the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of at the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not removetherefrom. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary23.6. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Lease (Ufp Technologies Inc)
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant "Unreimbursed Leasehold Improvement costsCosts" (as defined below); attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant Changes, Tenant Leasehold Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used herein, the term "Unreimbursed Leasehold Improvement Costs" shall mean the product when multiplying (i) the sum of any Leasehold Improvement allowance plus any other costs provided, paid or incurred by Landlord in Sections 23.2(aconnection with the design and construction of the initial Leasehold Improvements installed in the Premises prior to the Commencement Date pursuant to Exhibit "D", by (ii) the fraction, ----------- the numerator of which is the number of months of the Term of this Lease not yet elapsed as of the date on which this Lease is terminated (excluding my unexercised renewal options), and the denominator of which is the total number of months of the Term of this Lease (excluding any unexercised renewal options). For example, if the total costs paid or incurred by Landlord with respect to the initial Leasehold Improvements was $100,000.00, the Lease Term was sixty (60) months, and the Lease was terminated by reason of Tenant's default at the end of twelve (12) months, the Unreimbursed Leasehold Improvement costs would be equal to $80,000.00 (i.e., $80,000.00 equals $100,000.00 x 48/60). As used in Subparagraphs 25.2(a) and 23.2(b25.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummarySubparagraph 1.18. As used in Section 23.2(cSubparagraph 25.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and Landlord shall have all the rights and remedies of a Landlord provided by Section 1951.2 of the California Civil Code. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costscosts and any free or abated Rent; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law, providing that Landlord may continue this Lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable restrictions), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by TenantEvent of Default, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Inuvo, Inc.)
Landlord’s Remedies; Termination. In the event of any such default Event of Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
Tenant all monetary damages allowed under applicable Law, which may include: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Landlord’s Remedies; Termination. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity under applicable law (including, without limitation, to the extent the Premises are located in California, the remedies of Civil Code Section 1951.4 and any successor statute or similar law), Landlord shall will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect elects to so terminate this LeaseLease then, then to the extent permitted under applicable law, Landlord may recover from Tenant:
Tenant (ai) the The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
plus (bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the that amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus
plus (ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; plus
plus (div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result results therefrom including, but not limited to: unamortized Tenant Improvement attorneys' fees and costs; attorneys' fees; unamortized brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; , and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Tenant ChangesAlterations, the Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of any free rent, reduced rent, free parking, reduced rate parking and any Tenant Improvement Allowance or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Lease Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Lease Term. As used in Sections 23.2(aSubparagraphs 22(b)(i) and 23.2(b(ii) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the SummaryRate. As used in Section 23.2(cSubparagraph 22(b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Building Lease (Virtual Mortgage Network Inc)
Landlord’s Remedies; Termination. In the event of any such default Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equityequity (including, without limitation, the remedies of Civil Code Section 1951.4 and any successor statute or similar Law, which provides that Landlord may continue this Lease in effect following Tenant’s breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunderhereunder and to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of as permitted by applicable Law. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: the total unamortized Tenant Improvement sum of any Abated Amount (amortized on a straight line basis over the initial Term of this Lease), tenant improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; any costs required to return the Premises to the conditioned required at the end of the Term; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove; plus (e) all other monetary damages allowed under applicable Law. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). Tenant hereby waives for Tenant and all those claiming under Tenant all right now or hereafter existing including, without limitation, any rights under California Code of Civil Procedure Sections 1174 and 1179 and Civil Code Section 1950.7 to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Alteryx, Inc.)
Landlord’s Remedies; Termination. In the event of any such event of default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(ai) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(bii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(ciii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(div) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant Changes, Tenant Improvements Alterations and any other items which Tenant is required under this Lease to remove but does not remove. As used in Sections 23.2(a) and 23.2(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Landlord’s Remedies; Termination. In the event of any such default uncured Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
Tenant all monetary damages allowed under Law, which may include: (a) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus
plus (b) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
plus (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
plus (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited toto reasonable costs for any of the following: unamortized Tenant Improvement tenant improvement costs; attorneys' ’ fees; unamortized brokers' ’ commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's ’s personal property, equipment, fixtures, Tenant ChangesAlterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove. Notwithstanding the foregoing and subject at all times to Law, Landlord shall at all times have the affirmative duty to mitigate its damages in the event of a Default by using commercially reasonable efforts to re-let the Premises in the event of a Default by Tenant hereunder. As used in Sections 23.2(a23.1(a) and 23.2(b23.1(b) above, the "“worth at the time of award" ” is computed by allowing interest at the Interest Rate set forth in Section 1.14 of the Summary. As used in Section 23.2(c23.1(c) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one six percent (16%).
Appears in 1 contract
Samples: Office Lease (Tw Telecom Inc.)