Common use of Limited Remedy Events of Default Clause in Contracts

Limited Remedy Events of Default. Notwithstanding anything to the contrary herein contained, or any other provisions of this Lease or any other concurrent transaction document, if Landlord is exercising remedies due solely to the Events of Default described in Sections 8.1.4.3 (but solely to the extent such Event of Default results from the failure to perform or comply with Sections 5.11 (but solely to the extent such Event of Default relates to a breach of Exhibit I, subsection (8)), 5.12.3(ii) or 5.17(b)), 8.1.6 and 8.1.10 (but solely to the extent such Event of Default results from the failure to perform or comply with Section 5.15) (“Limited Remedy Events of Default”), the aggregate amount Tenant shall be required to pay to Landlord from and after the date of the occurrence of such Limited Remedy Event of Default (the “Occurrence Date”) shall not exceed the sum of (i) (A) 89.9% of the fair market value of the Premises as of the Effective Date less (B) the sum of the present value as of the Effective Date (using an annual discount rate equal to the incremental borrowing rate of Guarantor under GAAP (the “Discount Rate”)) of all Minimum Rent and Additional Rent received as of the Occurrence Date, (ii) any amounts of Taxes and Other Charges which are due and payable or have accrued under this Lease through the Occurrence Date, and (iii) any amounts of Taxes and Other Charges which are due and payable or have accrued under this Lease after the Occurrence Date while or so long as the Tenant remains in possession of the Premises after any Limited Remedy Event of Default that relates to insurance, utilities, repairs, maintenance, environmental maintenance, remediation and compliance and other customary costs and expenses of operating and maintaining the Premises in substantial compliance with the terms of this Lease. In the event of a conflict between the provisions under this Section 8.2.11 and any other provision of this Lease or any other concurrent transaction document, the provisions contained in this Section 8.2.11 shall prevail.

Limited Remedy Events of Default. Notwithstanding anything to the contrary herein containedcontained or in any other transaction document executed concurrently herewith, or any other provisions of this Master Lease or any other concurrent transaction document, if Landlord Lessor is exercising remedies due solely to the Events of Default described in clauses Sections 8.1.4.3 16.1.13 (but solely to the extent such Event of Default results from the failure to perform or comply with Sections 5.11 (but solely to the extent such Event of Default relates to each a breach of Exhibit I, subsection (8)), 5.12.3(ii) or 5.17(b)), 8.1.6 and 8.1.10 (but solely to the extent such Event of Default results from the failure to perform or comply with Section 5.15) (“Limited Remedy Events of Default”), the aggregate amount Tenant Lessee shall be required to pay to Landlord Lessor from and after the date of the occurrence of such Limited Remedy Event of Default (the “Occurrence Date”) shall not exceed be limited to the sum of (i) (A) 89.9% of the fair market present value of the Premises as unpaid Base Rent for the balance of the Effective Date less Term (Bexcluding the portion of such rental loss that Tenant proves could be reasonably avoided) the sum of the present value as of the Effective Date (determined using an annual a discount rate equal to the incremental borrowing rate of Guarantor under GAAP Eight percent (the “Discount Rate”8.0%) per annum)) of all Minimum Rent and Additional Rent received as of the Occurrence Date, (ii) any amounts of Taxes and Other Additional Charges which are due and payable or have accrued under this Master Lease through the Occurrence Date, and (iii) any amounts of Taxes and Other Additional Charges which are due and payable or have accrued under this Master Lease after the Occurrence Date while or so long as the Tenant Lessee remains in possession of the Premises Leased Property after any Limited Remedy Event of Default that relates relate to insurance, utilities, repairs, maintenance, environmental maintenance, remediation and compliance and other customary costs and expenses of operating and maintaining the Premises Leased Property in substantial compliance with the terms of this LeaseMaster Lease (collectively, the “LRED Damages”). In Lessor and Lessee hereby agree that the event damages available to Lessor as a result of a conflict between Limited Remedy Event of Default shall be strictly limited to the provisions under this Section 8.2.11 LRED Damages and that nothing contained herein or in any other provision transaction document executed concurrently herewith shall entitle Lessor to additional reimbursement or monetary damages with respect to any such Limited Remedy Event of this Lease or any other concurrent transaction document, the provisions contained in this Section 8.2.11 shall prevailDefault.

Limited Remedy Events of Default. Notwithstanding anything to the contrary herein containedcontained or in any other transaction document executed concurrently herewith, or any other provisions of this Master Lease or any other concurrent transaction document, if Landlord is exercising remedies due solely to the Events of Default described in Sections 8.1.4.3 clauses (but solely to b), (h), (i), (j), (l), (n), (o) or (p) of Section 16.1 or upon the extent such occurrence, for reasons other that the acts or omissions of Tenant, of an Event of Default results from the failure to perform or comply with Sections 5.11 under clause (but solely to the extent such Event e) of Default relates to Section 16.1 (each a breach of Exhibit I, subsection (8)), 5.12.3(ii) or 5.17(b)), 8.1.6 and 8.1.10 (but solely to the extent such Event of Default results from the failure to perform or comply with Section 5.15) (“Limited Remedy Events of Default”), the aggregate amount Tenant shall be required to pay to Landlord from and after the date of the occurrence of such Limited Remedy Event of Default (the “Occurrence Date”) shall not exceed be limited to the sum of (i) (A) 89.9% of the fair market present value of the Premises as unpaid Base Rent for the balance of the Effective Date less Term (Bexcluding the portion of such rental loss that Tenant proves could be reasonably avoided) the sum of the present value as of the Effective Date (determined using an annual a discount rate equal to the incremental borrowing rate of Guarantor under GAAP Eight percent (the “Discount Rate”8.0%) per annum)) of all Minimum Rent and Additional Rent received as of the Occurrence Date, (ii) any amounts of Taxes and Other Additional Charges which are due and payable or have accrued under this Master Lease through the Occurrence Date, and (iii) any amounts of Taxes and Other Additional Charges which are due and payable or have accrued under this Master Lease after the Occurrence Date while or so long as the Tenant remains in possession of the Premises Leased Property after any Limited Remedy Event of Default that relates relate to insurance, utilities, repairs, maintenance, environmental maintenance, remediation and compliance and other customary costs and expenses of operating and maintaining the Premises Leased Property in substantial compliance with the terms of this LeaseMaster Lease (collectively, the “LRED Damages”). In Landlord and Tenant hereby agree that the event damages available to Landlord as a result of a conflict between Limited Remedy Event of Default shall be strictly limited to the provisions under this Section 8.2.11 LRED Damages and that nothing contained herein or in any other provision transaction document executed concurrently herewith shall entitle Landlord to additional reimbursement or monetary damages with respect to any such Limited Remedy Event of this Lease or any other concurrent transaction document, the provisions contained in this Section 8.2.11 shall prevailDefault.

Limited Remedy Events of Default. Notwithstanding anything to the contrary herein containedcontained or in any other transaction document executed concurrently herewith, or any other provisions of this Master Lease or any other concurrent transaction document, if Landlord is exercising remedies due solely to the Events of Default described in Sections 8.1.4.3 clauses (but solely to the extent such b), (h), (i), (j), (l), (n), (o) or (p) of Section 16.1 or as a result of Tenant’s involuntary breach of obligations resulting in an Event of Default results from the failure to perform or comply with Sections 5.11 (but solely to the extent such Event of Default relates to a breach of Exhibit I, subsection (8)), 5.12.3(ii) or 5.17(b)), 8.1.6 and 8.1.10 (but solely to the extent such Event of Default results from the failure to perform or comply with under Section 5.1516.1(e) (each a “Limited Remedy Events of Default”), the aggregate amount Tenant shall be required to pay to Landlord from and after the date of the occurrence of such Limited Remedy Event of Default (the “Occurrence Date”) shall not exceed be limited to the sum of (i) (A) 89.9% of the fair market present value of the Premises as unpaid Base Rent for the balance of the Effective Date less Term (Bexcluding the portion of such rental loss that Tenant proves could be reasonably avoided) the sum of the present value as of the Effective Date (determined using an annual a discount rate equal to the incremental borrowing rate of Guarantor under GAAP Eight percent (the “Discount Rate”8.0%) per annum)) of all Minimum Rent and Additional Rent received as of the Occurrence Date, (ii) any amounts of Taxes and Other Additional Charges which are due and payable or have accrued under this Master Lease through the Occurrence Date, and (iii) any amounts of Taxes and Other Additional Charges which are due and payable or have accrued under this Master Lease after the Occurrence Date while or so long as the Tenant remains in possession of the Premises Leased Property after any Limited Remedy Event of Default that relates relate to insurance, utilities, repairs, maintenance, environmental maintenance, remediation and compliance and other customary costs and expenses of operating and maintaining the Premises Leased Property in substantial compliance with the terms of this LeaseMaster Lease (collectively, the “LRED Damages”). In Landlord and Tenant hereby agree that the event damages available to Landlord as a result of a conflict between Limited Remedy Event of Default shall be strictly limited to the provisions under this Section 8.2.11 LRED Damages and that nothing contained herein or in any other provision transaction document executed concurrently herewith shall entitle Landlord to additional reimbursement or monetary damages with respect to any such Limited Remedy Event of this Lease or any other concurrent transaction document, the provisions contained in this Section 8.2.11 shall prevailDefault.