Common use of Landlord’s Right to Terminate Upon Tenant Default Clause in Contracts

Landlord’s Right to Terminate Upon Tenant Default. In the event of any Event of Default by Tenant as provided in Section 15.1 of the Lease, Landlord shall have the right to terminate this Lease and recover possession of the Tenant Space by giving written notice to Tenant of Landlord’s election to terminate this Lease, in which event Landlord shall be entitled to receive 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 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 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; and (e) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Laws. As used in clauses (a) and (b), above, “worth at the time of award” shall be computed by allowing interest at the then highest lawful contract rate of interest. As used in clause (c), above, “worth at the time of award” shall be computed by discounting such amount at the Discounting Rate (defined below). As used herein, the term “Discounting Rate” means the lesser of (i) the Prime Rate plus one percent (1%), or (ii) the maximum rate permitted by Applicable Laws.

Landlord’s Right to Terminate Upon Tenant Default. In the event of ------------------------------------------------- any Event of Default default by Tenant as provided in Section 15.1 of the Leaseabove, Landlord shall have the right to terminate this Lease and recover possession of the Tenant Space Premises by giving written notice to Tenant of Landlord’s 's election to terminate this Lease, in which event Landlord shall be entitled to receive from Tenant: (a) the worth at the time of award of any unpaid Rent which had been earned at the time of such terminationon award; plus (b) the worth at the time of 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 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 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; and (e) at Landlord’s 's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Lawsapplicable law. As used in clauses subsections (a) and (b), ) above, “"worth at the time of award” " shall be computed by allowing interest on such amounts at the then highest lawful contract rate of interest, but in no event to exceed one percent (1%) per annum plus the rate established by the Federal Reserve Bank of San Francisco on advances made to banks under Sections 13 and 13a of the Reserve Act ("discount rate") prevailing at the time of award. As used in clause subsection (c), ) above, “"worth at the time of award” " shall be computed by discounting such amount by (x) the discount rate of the Federal Reserve Bank of San Francisco prevailing at the Discounting Rate time of award plus (defined below). As used herein, the term “Discounting Rate” means the lesser of (iy) the Prime Rate plus one percent (1%), or (ii) the maximum rate permitted by Applicable Laws.

Landlord’s Right to Terminate Upon Tenant Default. In the event of any Event of Default material default by Tenant as provided in Section 15.1 of the Leaseabove, Landlord shall have have, to the extent permitted by California Law, the right to terminate this Lease and recover possession of the Tenant Space Premises by giving written notice to Tenant of Landlord’s election to terminate this Lease, in which event Landlord shall be entitled to receive from Tenant: (a) the worth at the time of award of any unpaid Rent which had been earned at the time of such terminationon award; plus (b) the worth at the time of 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 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 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; and (e) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Lawsapplicable law. As used in clauses subsections (a) and (b), ) above, “worth at the time of award” shall be computed by allowing interest on such amounts at the then highest lawful contract rate of interest, but in no event to exceed one percent (1%) per annum plus the rate established by the Federal Reserve Bank of San Francisco on advances made to banks under Sections 13 and 13a of the Reserve Act (“discount rate”) prevailing at the time of award. As used in clause subsection (c), ) above, “worth at the time of award” shall be computed by discounting such amount by (x) the discount rate of the Federal Reserve Bank of San Francisco prevailing at the Discounting Rate time of award plus (defined below). As used herein, the term “Discounting Rate” means the lesser of (iy) the Prime Rate plus one percent (1%), or (ii) the maximum rate permitted by Applicable Laws.

Landlord’s Right to Terminate Upon Tenant Default. In the event of any Event of Default uncured default by Tenant as provided in Section 15.1 of the Leaseabove, Landlord shall have the right to terminate this Lease and recover possession of the Tenant Space Premises by giving written notice to Tenant of Landlord’s election to terminate this Lease, in which event Landlord shall be entitled to receive from Tenant: (a) the worth at the time of award of any unpaid Rent which had been earned at the time of such terminationon award; plus (b) the worth at the time of 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 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 term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (d) Exhibit 10.1 any other amount necessary to reasonably 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; and (e) at Landlord’s electionprovided, however, in no event shall Tenant be liable for any punitive damages, lost profits, business interruption, speculative, consequential or other such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Lawsdamages. As used in clauses subsections (a) and (b), ) above, “worth at the time of award” shall be computed by allowing interest on such amounts at the then highest lawful contract rate of six percent (6%) interest. As used in clause subsection (c), ) above, “worth at the time of award” shall be computed by discounting such amount by (x) the discount rate of the Federal Reserve Bank of St. Louis Missouri prevailing at the Discounting Rate time of award plus (defined below). As used herein, the term “Discounting Rate” means the lesser of (iy) the Prime Rate plus one percent (1%), or (ii) the maximum rate permitted by Applicable Laws.

Landlord’s Right to Terminate Upon Tenant Default. In the event of any Event of Default default by Tenant as provided in Section 15.1 of the Leaseabove, Landlord shall have the right to terminate this Lease and recover possession of the Tenant Space Premises by giving written notice to Tenant of Landlord’s 's election to terminate this Lease, in which event Landlord shall be entitled to receive from Tenant: (a) the worth at the time of award of any unpaid Rent which had been earned at the time of such terminationon award; plus (b) the worth at the time of 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 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 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; and (e) at Landlord’s 's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Lawsapplicable law. As used in clauses subsections (a) and (b), ) above, “"worth at the time of award” " shall be computed by allowing interest on such amounts at the then highest lawful contract rate of interest, but in no event to exceed one percent (1%) per annum plus the rate established by the Federal Reserve Bank of San Francisco on advances made to banks under Sections 13 and 13a of the Reserve Act ("discount rate") prevailing at the time of award. As used in clause subsection (c), ) above, “"worth at the time of award” " shall be computed by discounting such amount by (x) the discount rate of the Federal Reserve Bank of San Francisco prevailing at the Discounting Rate time of award plus (defined below). As used herein, the term “Discounting Rate” means the lesser of (iy) the Prime Rate plus one percent (1%), or (ii) the maximum rate permitted by Applicable Laws.

Landlord’s Right to Terminate Upon Tenant Default. In During the event continuance of any Event of Default by Tenant as provided in Section 15.1 of the Lease, Landlord shall have the right to terminate this Lease and recover possession of the Tenant Space by giving written notice to Tenant of Landlord’s election to terminate this Lease, in which event Landlord shall be entitled to receive 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 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 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; and (e) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Laws. As used in clauses (a) and (b), above, “worth at the time of award” shall be computed by allowing interest at the then highest lawful contract rate of interest. As used in clause (c), above, “worth at the time of award” shall be computed by discounting such amount at the Discounting Rate (defined below). As used herein, the term “Discounting Rate” means the lesser of (i) the Prime Rate (defined below) plus one percent (1%), or (ii) the maximum rate permitted by Applicable Laws. “Prime Rate” shall mean and refer to the then-current “prime” interest rate published in the Money Rates section of the Wall Street Journal from time to time.

Landlord’s Right to Terminate Upon Tenant Default. In the event of any Event of Default default by Tenant as provided in Section 15.1 of the Leaseabove, Landlord shall have the right to terminate this Lease and recover possession of the Tenant Space Premises by giving written notice to Tenant of Landlord’s election to terminate this Lease, in which event Landlord shall be entitled to receive from Tenant: (a) the worth at the time of award of any unpaid Rent which had been earned at the time of such terminationon award; plus (b) the worth at the time of 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 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 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; and (e) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Lawsapplicable law. As used in clauses subsections (a) and (b), ) above, “worth at the time of award” shall be computed by allowing interest on such amounts at the then highest lawful contract rate of interestinterest at the time of award. As used in clause subsection (c), ) above, “worth at the time of award” shall be computed by discounting such amount by (x) the discount rate of the Federal Reserve Bank of San Francisco prevailing at the Discounting Rate time of award plus (defined below). As used herein, the term “Discounting Rate” means the lesser of (iy) the Prime Rate plus one percent (1%), or (ii) the maximum rate permitted by Applicable Laws.