Common use of Measure of Damages Clause in Contracts

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (a) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (b) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (c) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease Event of Default, Liquidation Event of Default or Limited Liquidation Event of Default occurs and the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee exercises the remedies granted to the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) Section 17 or Sub-Clause 10.2 under Section 8.2 of the Spanish Facility AgreementBase Indenture, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid Lease (calculated as of such dateprovided in Section 17.2); plus (bii) any reasonable out-of-pocket damages and expensesexpenses (other than punitive and consequential damages), including reasonable attorneys’ fees and expenses that which the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee will have sustained by reason of such a the Lease Event of Default, Liquidation Event of Default or Limited Liquidation EventEvent of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) all other amounts due and payable under this Lease; plus (iv) interest from time to time on amounts due from such Lessee and unpaid under this Agreement Lease at EURIBOR the VFR plus 1.0% 1%, computed from the date of such a the Lease Event of Default, Liquidation Event of Default or Limited Liquidation Event of Default or the date payments were originally due to the Lessor by such Lessee under this Agreement Lease or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that which is recoverable from such a Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 17, as applicable, to and including the date payments are made by the Lessee; minus (v) an amount equal to all sums realized by the Lessor, the Master Collateral Agent and the Trustee from the liquidation of the Financed Vehicles leased hereunder (either by receipt of payment from the Manufacturers under Vehicle Disposition Programs, from sales of Vehicles to third parties, or otherwise); provided, however, that if a Financed Vehicle is delivered to the Manufacturer or the designated auction site for repurchase by the Manufacturer under the applicable Vehicle Disposition Program or for sale in accordance with the applicable Auction Procedures, respectively, and such LesseeVehicle is accepted for repurchase or sale by such Manufacturer (as evidenced by a Condition Report indicating that such Vehicle conforms to the requirements for repurchase or sale under such Vehicle Disposition Program), the Lessor and the Trustee shall be deemed to have received thirty (30) days after the date of such acceptance or sale on account of this clause (v) an amount equal to the Net Book Value of such Vehicle, calculated as of its Disposition Date (less any Termination Payments payable in respect of such Vehicle).

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish German Security Trustee exercises the remedies granted to the Lessor or the Spanish German Security Trustee under Sub-Clause 8.6 8.7 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish German Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish German Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish German Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If an Operating Lease Event of Default, a Lease Limited Liquidation Event of Default or a Liquidation Event of Default occurs and the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) Article 16 or Sub-Clause 10.2 Section 9.2 of the Spanish Facility AgreementBase Indenture, the amount that the Lessor shall be permitted to recover from any the Lessee as payment shall be equal to: (ai) all accrued and unpaid Rent for each Lease ZVF Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease ZVF Vehicle or disposition by the Servicer of such Lease ZVF Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such dateAgreement; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that expenses, which the Lessor Lessor, the Trustee or the Spanish Security Trustee Collateral Agent will have sustained by reason of such a an Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation EventEvent of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease ZVF Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR one-month LIBOR for each day plus 1.0% computed from the date of such a an Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that which is recoverable from such the Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 16, as applicable, to and including the date payments are made by such the Lessee.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor Group IV Lessor, the Master Collateral Agent or the Spanish Security Trustee exercises the remedies granted to the Lessor Group IV Lessor, the Master Collateral Agent or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) SECTION 17 or Sub-Clause 10.2 under Section 9.2 of the Spanish Facility AgreementSecond Base Indenture and Section 6.2 of the applicable Group IV Supplement, the amount that the Group IV Lessor shall be permitted to recover from the proceeds of any Lessee as payment rental, sale or return of any Group IV Vehicles shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement other charges, payments and all other payments payable amounts owed under this Agreement by such Lessee, accrued and unpaid Lease (calculated as of such dateprovided in SECTION 17.2); plusPLUS (bii) any reasonable out-of-pocket damages and expensesexpenses which the Group IV Lessor, including reasonable attorneys’ fees and expenses that the Lessor Master Collateral Agent or the Spanish Security Trustee will shall have sustained by reason of such a Lease Event of Default or Liquidation EventDefault, together with reasonable sums for such attorneys’ ' fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Group IV Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) without duplication of payments made pursuant to SECTION 5.5, interest (calculated on the basis of a 360-day year) from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed Lease for each Interest Period in the period from the date of such a the Lease Event of Default or Liquidation Event or the date payments were originally due to the Group IV Lessor by such Lessee under this Agreement Lease or from the date of each expenditure by the Lessor Group IV Lessor, the Master Collateral Agent or the Spanish Security Trustee, as applicable, that which is recoverable from such the Group IV Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)SECTION 17, as applicable, to and including the date payments are made by the Group IV Lessee at a rate for each such LesseeInterest Period equal to the Group IV VFR for such Interest Period (converted to a rate per annum) PLUS 1%; PROVIDED, HOWEVER, that, to avoid duplication of payments, to the extent any amounts described in CLAUSES (I) through (III) above have been paid to the Group IV Lessor, the Master Collateral Agent or the Trustee from the liquidation of the Group IV Financed Vehicles leased hereunder (either by receipt of payment from the Manufacturers under Manufacturer Programs, from sales of Group IV Vehicles to third parties, or otherwise), such amounts shall be deducted from amounts under this SECTION 17.4.

Measure of Damages. If an AESOP I Operating Lease Event of Default, a Lease Limited Liquidation Event of Default or a Liquidation Event of Default occurs and the Lessor Lessor, the Lender or the Spanish Security Trustee exercises the remedies granted to the Lessor Lessor, the Lender or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility AgreementArticle 18, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Monthly Base Rent, all Supplemental Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid (calculated as of such dateprovided in Section 18.2); plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ ' fees and expenses that (but excluding net after-tax losses of federal and state income tax benefits to which the Lessor would otherwise be entitled as a result of this Agreement), which the Lessor, the Lender or the Spanish Security Trustee will have sustained by reason of such a the AESOP I Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation EventEvent of Default, together with reasonable sums for such attorneys’ ' fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR the applicable Lender's Carrying Cost Interest Rate plus 1.0% from time to time computed from the date of such a the AESOP I Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that which is recoverable from such Lessee the Lessees pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 18, as applicable, to and including the date payments are made by such Lesseethe Lessees.

Measure of Damages. If a Series 2010-3 Operating Lease Event of Default or HVF II Group II Liquidation Event occurs and the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause Section 9 (Default and Remedies Therefor) or Sub-Clause Section 10.2 of the Spanish Facility AgreementSeries 2010-3 Supplement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Master Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee will have sustained by reason of such a Series 2010-3 Operating Lease Event of Default or HVF II Group II Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR the one-month LIBOR Rate plus 1.0% computed from the date of such a Series 2010-3 Operating Lease Event of Default or HVF II Group II Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 9, as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease an Instalment Sale Event of Default or Liquidation Event occurs and the Lessor Instalment Seller or the Spanish Belgian Security Trustee exercises the remedies granted to the Lessor Instalment Seller or the Spanish Belgian Security Trustee under Sub-Clause 8.6 8.7 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Belgian Facility Agreement, the amount that the Lessor Instalment Seller shall be permitted to recover from any Lessee Instalment Purchaser as payment shall be equal to: (ai) all Rent Instalments for each Lease Instalment Sale Vehicle leased by subject to an instalment sale to such Lessee Instalment Purchaser hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor Instalment Seller of such Lease Instalment Sale Vehicle or the disposition by the Servicer of such Lease Instalment Sale Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such LesseeInstalment Purchaser, accrued and unpaid as of such date; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor Instalment Seller or the Spanish Belgian Security Trustee will have sustained by reason of such a Lease an Instalment Sale Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Instalment Sale Vehicles leased by subject to an instalment sale to such Lessee Instalment Purchaser hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such LesseeInstalment Purchaser; plus (ciii) interest from time to time on amounts due from such Lessee Instalment Purchaser and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease an Instalment Sale Event of Default or Liquidation Event or the date payments were originally due to the Lessor Instalment Seller by such Lessee Instalment Purchaser under this Agreement or from the date of each expenditure by the Lessor Instalment Seller or the Spanish Belgian Security Trustee, as applicable, that is recoverable from such Lessee Instalment Purchaser pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such LesseeInstalment Purchaser.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Dutch Security Trustee exercises the remedies granted to the Lessor or the Spanish Dutch Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Dutch Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (a) 9.5.1 all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (b) 9.5.2 any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Dutch Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (c) 9.5.3 interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% 1.0 per cent computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Dutch Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease Event of Default, Liquidation Event of Default or Limited Liquidation Event of Default occurs and the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee exercises the remedies granted to the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) Section 17 or Sub-Clause 10.2 under Section 8.2 of the Spanish Facility AgreementBase Indenture, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid Lease (calculated as of such dateprovided in Section 17.2); plus (bii) any reasonable out-of-pocket damages and expensesexpenses (other than punitive and consequential damages), including reasonable attorneys’ fees and expenses that which the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee will have sustained by reason of such a the Lease Event of Default, Liquidation Event of Default or Limited Liquidation EventEvent of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) all other amounts due and payable under this Lease; plus (iv) interest from time to time on amounts due from such Lessee and unpaid under this Agreement Lease at EURIBOR the VFR plus 1.0% 1%, computed from the date of such a the Lease Event of Default, Liquidation Event of Default or Limited Liquidation Event of Default or the date payments were originally due to the Lessor by such Lessee under this Agreement Lease or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that which is recoverable from such a Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 17, as applicable, to and including the date payments are made by the Lessee; minus (v) an amount equal to all sums realized by the Lessor, the Master Collateral Agent and the Trustee from the liquidation of the Financed Vehicles leased hereunder (either by receipt of payment from the Manufacturers under Vehicle Disposition Programs, from sales of Vehicles to third parties, or otherwise), provided, however, that if a Financed Vehicle is delivered to the Manufacturer or the designated auction site for repurchase by the Manufacturer under the applicable Vehicle Disposition Program or for sale in accordance with the applicable Auction Procedures, respectively, and such LesseeVehicle is accepted for repurchase or sale by such Manufacturer (as evidenced by a Condition Report indicating that such Vehicle conforms to the requirements for repurchase or sale under such Vehicle Disposition Program), the Lessor and the Trustee shall be deemed to have received thirty (30) days after the date of such acceptance or sale on account of this clause (v) an amount equal to the Net Book Value of such Vehicle, calculated as of its Disposition Date (less any Termination Payments payable in respect of such Vehicle).

Measure of Damages. If a an Operating Lease Event of Default or HVF II Group I Liquidation Event occurs and the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause Section 9 (Default and Remedies Therefor) or Sub-Clause Section 10.2 of the Spanish Facility AgreementSeries 2013-G1 Supplement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee will have sustained by reason of such a an Operating Lease Event of Default or HVF II Group I Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR the one-month LIBOR Rate plus 1.0% computed from the date of such a an Operating Lease Event of Default or HVF II Group I Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 9, as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Landlord either terminates this Lease Event or terminates Tenant's right to possess the Premises without terminating this Lease, Tenant shall immediately surrender and vacate the Premises and pay Landlord (i) the cost of Default or Liquidation Event occurs and recovering the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 Premises; (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (aii) all Rent accrued through the end of the month in which the termination becomes effective; (iii) all expenses reasonably incurred by Landlord in enforcing its rights and remedies under this Lease, including attorneys' fees, court costs and interest at the Default Rate; (iv) "Landlord's Reletting Expenses" equal to commercially reasonable costs, losses and expenses incurred by Landlord in reletting all or any portion of the Premises, including the cost of removing and storing Tenant's FF&E or other property, repairing and/or demolishing the Premises, removing and/or replacing Tenant's signage and other fixtures, making the Premises ready for each Lease Vehicle leased a new tenant, including the cost of advertising, commissions, architectural fees and leasehold improvements (even if amortized over a new lease term which exceeds the balance of the Term), and any allowances and/or concessions provided by such Lessee hereunder Landlord; a id (v) "Landlord's Rental Damages" equal to the extent accrued amount (never less than zero) by which (A) the total Rent payable by Tenant for the portion of the Term that is or would be remaining after the month in which the termination becomes effective exceeds (B) the Fair Rental Value of the Premises for such period. In calculating Landlord's Rental Damages, each monthly payment of Rent and unpaid Fair Rental Value shall be discounted at the Prime Rate from its respective due date to its present value as of the date of termination. The "Fair Rental Value" is the total rental that would be received from a comparable tenant for a comparable lease of premises in the Building of equivalent quality, size, condition, remaining lease term and location as the Premises, taking into account rental rates and concessions then generally prevailing in the market place, the period of time the Premises are reasonably expected to remain vacant before commencement of rental payments by a suitable new tenant, and all other relevant factors. If any portion of the Premises is relet, the Fair Rental Value for such relet portion shall be calculated based upon the rental receivable by Landlord for the applicable reletting term. The "Prime Rate" is the "prime" rate then published by Citibank, N.A., its successors or assigns, or another major financial institution selected by Landlord. Until the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms termination of this Agreement and Lease or the final determination of all other payments damages under this Lease, all Rent payable under this Agreement by such LesseeLease shall continue to accrue and be payable when due during the Term. Once the aggregate amount of damages is determined as provided above, accrued and the unpaid as of such date; plus (b) any reasonable out-of-pocket damages and expensesbalance, including reasonable attorneys’ fees and expenses that if any, shall thereafter accrue interest at the Lessor or the Spanish Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred Rate until paid in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (c) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lesseefull.

Measure of Damages. If a an Operating Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Security Trustee Administrative Agent exercises the remedies granted to the Lessor or the Spanish Security Trustee Administrative Agent under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility AgreementSection 9, the amount that the Lessor shall be permitted to recover from any the Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle Scooter leased by such the Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or Scooter, the disposition by the Servicer of such Lease Vehicle Scooter in accordance with the terms of this Agreement Agreement, or the taking possession of such Scooter by the Lessor (at the direction of the Administrative Agent) or the Administrative Agent pursuant to Section 9.3.2 and all other payments payable under this Agreement by such the Lessee, accrued and unpaid as of such date; plus (bii) any reasonable and documented out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee Administrative Agent will have sustained by reason of such a Operating Lease Event of Default or Liquidation EventDefault, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles Scooters leased by such the Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such the Lessee; plus (ciii) interest from time to time on amounts due from such the Lessee and unpaid under this Agreement at EURIBOR plus 1.0% a rate equal to the effective interest rate that would be payable by the Lessor on any overdue amounts owed by the Lessor with respect to the Loans, computed from the date of such a Operating Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such the Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security TrusteeAdministrative Agent, as applicable, that is recoverable from such the Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 9, as applicable, to and including the date payments are made by such the Lessee.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee exercises the remedies granted to the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) Section 17 or Sub-Clause 10.2 under Section 8.2 of the Spanish Facility AgreementBase Indenture, the amount that the Lessor shall be permitted to recover [from any Lessee as payment the defaulting Lessee] shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to and payments [due from the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable defaulting Lessee] under this Agreement by such Lessee, accrued and unpaid (calculated as of such dateprovided in Section 17.2); plus (bii) any reasonable out-of-pocket damages and expensesexpenses (other than punitive and consequential damages), including reasonable attorneys’ fees and expenses that which the Lessor Lessor, the Master Collateral Agent or the Spanish Security Trustee will have sustained by reason of such a the Lease Event of Default or Liquidation EventDefault, together with reasonable sums for such attorneys’ ' fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) all other amounts due and payable [by the defaulting Lessee] under this Agreement; plus (iv) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR the VFR plus 1.0% 1%, computed from the date of such a the Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that which is recoverable from such a Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 17, as applicable, to and including the date payments are made by the Lessee; minus (v) an amount equal to all sums realized by the Lessor, the Master Collateral Agent and the Trustee from the liquidation of the Financed Vehicles [(other than a Texas Vehicle)] leased hereunder (either by receipt of payment from the Manufacturers under Vehicle Disposition Programs, from sales of Vehicles to third parties, or otherwise), provided, however, that if a Financed Vehicle [(other than a Texas Vehicle)] is delivered to the Manufacturer or the designated auction site for repurchase by the Manufacturer under the applicable Vehicle Disposition Program for sale in accordance with the applicable Auction Procedures, respectively, and such LesseeVehicle is accepted for repurchase or sale by such Manufacturer (as evidenced by a Condition Report indicating that such Vehicle conforms to the requirements for repurchase or sale under such Vehicle Disposition Program), the Lessor and the Trustee shall be deemed to have received thirty (30) days after the date of such acceptance or sale on account of this clause (v) an amount equal to the Net Book Value of such Vehicle, calculated as of its Disposition Date (less any Termination Payments payable in respect of such Vehicle).

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (a) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (b) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (c) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.. WEIL:\96789897\1\52396.0010

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish German Security Trustee exercises the remedies granted to the Lessor or the Spanish German Security Trustee under Sub-Clause 8.6 8.7 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish German Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plusplus A36887653 XXXX: (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish German Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish German Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If an AESOP I Operating Lease Event of Default, a Lease Limited Liquidation Event of Default or a Liquidation Event of Default occurs and the Lessor Lessor, the Lender or the Spanish Security Trustee exercises the remedies granted to the Lessor Lessor, the Lender or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility AgreementArticle 18, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Monthly Base Rent, all Supplemental Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid (calculated as of such dateprovided in Section 18.2); plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that (but excluding net after-tax losses of federal and state income tax benefits to which the Lessor would otherwise be entitled as a result of this Agreement), which the Lessor, the Lender or the Spanish Security Trustee will have sustained by reason of such a the AESOP I Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation EventEvent of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR the applicable Lender’s Carrying Cost Interest Rate plus 1.0% from time to time computed from the date of such a the AESOP I Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor Lessor, the Lender or the Spanish Security Trustee, as applicable, that Trustee which is recoverable from such the Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 18, as applicable, to and including the date payments are made by such the Lessee.

Measure of Damages. If a an Operating Lease Event of Default or Default, a Limited Liquidation Event of Default (other than any Limited Liquidation Event of Default relating solely to any Segregated Series of Notes) or a Liquidation Event of Default occurs and the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) Article 17 or Sub-Clause 10.2 Section 9.2 of the Spanish Facility AgreementBase Indenture, the amount that the Lessor shall be permitted to recover from any the Lessee as payment shall be equal to: (ai) all accrued and unpaid Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such dateAgreement; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that which the Lessor or the Spanish Security Trustee will have sustained by reason of such a an Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation EventEvent of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR one-month LIBOR plus 1.0% computed from the date of such a an Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that which is recoverable from such the Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 17, as applicable, to and including the date payments are made by such the Lessee.

Measure of Damages. If a Landlord either terminates this Lease Event or terminates Tenant’s right to possess the Premises without terminating this Lease, Tenant shall immediately surrender and vacate the Premises and pay Landlord (i) the cost of Default or Liquidation Event occurs and recovering the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 Premises; (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (aii) all Rent accrued through the end of the month in which the termination becomes effective; (iii) all expenses reasonably incurred by Landlord in enforcing its rights and remedies under this Lease, including attorneys’ fees, court costs and interest at the Default Rate; (iv) “Landlord’s Reletting Expenses” equal to commercially reasonable costs, losses and expenses incurred by Landlord in reletting all or any portion of the Premises, including the cost of removing and storing Tenant’s Property or other property, repairing and/or demolishing the Premises, removing and/or replacing Xxxxxx’s signage and other fixtures, making the Premises ready for each Lease Vehicle leased a new tenant, including the cost of advertising, commissions, architectural fees and leasehold improvements (even if such items are amortized over a new lease term which exceeds the balance of the Term), and any allowances and/or concessions provided by such Lessee hereunder Landlord; and (v) “Landlord’s Rental Damages” equal to the extent accrued amount (never less than zero) by which (A) the total Rent payable by Tenant for the portion of the Term that is or would be remaining after the month in which the termination becomes effective exceeds (B) the Fair Rental Value of the Premises for such period. For purposes of calculating Landlord’s Rental Damages, each monthly payment of Rent and unpaid Fair Rental Value shall be discounted at the Prime Rate from its respective due date to its present value as of the date of termination. The “Fair Rental Value” is the total rental that would be received from a comparable tenant for a comparable lease of premises in the Building of equivalent quality, size, condition, remaining lease term and location as the Premises, taking into account rental rates and concessions then generally prevailing in the market place, the period of time the Premises are reasonably expected to remain vacant before commencement of rental payments by a suitable new tenant, and all other relevant factors. If any portion of the Premises is relet, the Fair Rental Value for such relet portion shall be calculated based upon the rental receivable by Landlord for the applicable reletting term. The “Prime Rate” is the prime rate then published by Citibank, N.A., its successors or assigns, or another major financial institution selected by Landlord. Until the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms termination of this Agreement and Lease or the final determination of all other payments damages under this Lease, all Rent payable under this Agreement by such Lessee, accrued Lease shall continue to accrue and unpaid as be payable when due during the Term. Once the aggregate amount of such date; plus (b) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case is determined pursuant to the extent reasonably attributable to such Lessee; plus (c) foregoing provisions, the unpaid balance, if any, shall thereafter accrue interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such LesseeRate until paid in full.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Dutch Security Trustee exercises the remedies granted to the Lessor or the Spanish Dutch Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Dutch Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (a) 9.5.1 all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plusplus 37A37279892 WEIL:\96789896\1\52396.0010 (b) 9.5.2 any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Dutch Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (c) 9.5.3 interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% 1.0 per cent computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Dutch Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish German Security Trustee exercises the remedies granted to the Lessor or the Spanish German Security Trustee under Sub-Clause 8.6 8.7 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish German Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish German Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish German Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.. A36887653 WEIL:

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Dutch Security Trustee exercises the remedies granted to the Lessor or the Spanish Dutch Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Dutch Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (a) 9.5.1 all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plusplus A37279892 37 WEIL:\96789896\1\52396.0010 (b) 9.5.2 any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Dutch Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (c) 9.5.3 interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% 1.0 per cent computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Dutch Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Dutch Security Trustee exercises the remedies granted to the Lessor or the Spanish Dutch Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Dutch Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (a) 9.5.1 all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (b) 9.5.2 any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Dutch Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plusplus A37279892 35 WEIL: (c) 9.5.3 interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% 1.0 per cent computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Dutch Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Dutch Security Trustee exercises the remedies granted to the Lessor or the Spanish Dutch Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Dutch Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (a) 9.5.1 all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plusplus 88 (b) 9.5.2 any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Dutch Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (c) 9.5.3 interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% 1.0 per cent computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Dutch Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish French Security Trustee exercises the remedies granted to the Lessor or the Spanish French Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 11.2 (Rights of the Spanish French Security Trustee upon Amortization Event or Certain Other Events of Default) of the French Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish French Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for 30 such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish French Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish German Security Trustee exercises the remedies granted to the Lessor or the Spanish German Security Trustee under Sub-Clause 8.6 8.7 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish German Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish German Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plusplus A36887653 XXXX: (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish German Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility Agreement, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (a) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (b) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee will have sustained by reason of such a Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (c) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR plus 1.0% computed from the date of such a Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by A3730188330 WEIL:\96789897\1\52396.0010 such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a an Operating Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Security Trustee exercises the remedies granted to the Lessor or the Spanish Security Trustee under Sub-Clause 8.6 (Preservation of rights), this Clause Section 9 (Default Defaults and Remedies Therefor) or Sub-Clause 10.2 Section 9.2 (Rights of the Spanish Facility AgreementTrustee upon Amortization Event or Certain Other Events of Default) of the Base Indenture, the amount that the Lessor shall be permitted to recover from any Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle leased by such Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or disposition by the Servicer of such Lease Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement by such Lessee, accrued and unpaid as of such date; plus (bii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee will have sustained by reason of such a an Operating Lease Event of Default or Liquidation Event, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles leased by such Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such Lessee; plus (ciii) interest from time to time on amounts due from such Lessee and unpaid under this Agreement at EURIBOR the Reference Rate plus 1.0% computed from the date of such a an Operating Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security Trustee, as applicable, that is recoverable from such Lessee pursuant to this Clause 8.6 Section 9 (Default and Remedies Therefor), as applicable, to and including the date payments are made by such Lessee.

Measure of Damages. If a an Operating Lease Event of Default or Liquidation Event occurs and the Lessor or the Spanish Security Trustee Administrative Agent exercises the remedies granted to the Lessor or the Spanish Security Trustee Administrative Agent under Sub-Clause 8.6 (Preservation of rights), this Clause 9 (Default and Remedies Therefor) or Sub-Clause 10.2 of the Spanish Facility AgreementSection 9, the amount that the Lessor shall be permitted to recover from any the Lessee as payment shall be equal to: (ai) all Rent for each Lease Vehicle Scooter leased by such the Lessee hereunder to the extent accrued and unpaid as of the earlier of the date of the return to the Lessor of such Lease Vehicle or Scooter, the disposition by the Servicer of such Lease Vehicle Scooter in accordance with the terms of this Agreement Agreement, or the taking possession of such Scooter by the Lessor (at the direction of the Administrative Agent) or the Administrative Agent pursuant to Section 9.3.2 and all other payments payable under this Agreement by such the Lessee, accrued and unpaid as of such date; plus plus (bii) any reasonable and documented out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses that the Lessor or the Spanish Security Trustee Administrative Agent will have sustained by reason of such a Operating Lease Event of Default or Liquidation EventDefault, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Lease Vehicles Scooters leased by such the Lessee hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection, in each case to the extent reasonably attributable to such the Lessee; plus plus (ciii) interest from time to time on amounts due from such the Lessee and unpaid under this Agreement at EURIBOR plus 1.0% a rate equal to the effective interest rate that would be payable by the Lessor on any overdue amounts owed by the Lessor with respect to the Loans, computed from the date of such a Operating Lease Event of Default or Liquidation Event or the date payments were originally due to the Lessor by such the Lessee under this Agreement or from the date of each expenditure by the Lessor or the Spanish Security TrusteeAdministrative Agent, as applicable, that is recoverable from such the Lessee pursuant to this Clause 8.6 (Default and Remedies Therefor)Section 9, as applicable, to and including the date payments are made by such the Lessee.