Common use of OCCUPANCY AND USE BY TENANT Clause in Contracts

OCCUPANCY AND USE BY TENANT. 26.01 If this Lease is terminated because of Tenant’s default hereunder, then, in addition to Landlord’s rights of re-entry, restoration, preparation for and rerental, and anything elsewhere in this Lease to the contrary notwithstanding, all Rent and Additional Rent reserved in this Lease from the date of such breach to the expiration date of this Lease shall become immediately due and payable to Landlord and Landlord shall retain its right to judgment on and collection of Tenant’s aforesaid obligation to make a single payment to Landlord of a sum equal to the total of all Rent and Additional Rent reserved for the remainder of the original Term of this Lease, subject to future credit or repayment to Tenant in the event of any rerenting of the Premises by Landlord, after first deducting from rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant’s aforesaid obligation, and in obtaining possession of, restoring, preparing for and re-letting the Premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Term of this Lease.

OCCUPANCY AND USE BY TENANT. 26.01 If this Lease is terminated because of Tenant’s default hereunder, then, in addition to Landlord’s rights of re-entry, restoration, preparation for and rerental, and anything elsewhere in this Lease to the contrary notwithstanding, all Fixed Annual Rent and Additional Rent reserved in this Lease from the date of such breach to the expiration date of this Lease shall become immediately due and payable to Landlord Landlord, and Landlord shall retain its right be entitled to judgment on and collection of Tenant’s aforesaid obligation to make a single payment to Landlord of in a sum equal to the amount by which the total of all Fixed Annual Rent and Additional Rent reserved for the remainder of the original Term exceeds the then fair and reasonable rental value of this Leasethe Premises for the same period as of the date of such breach, subject to future credit or repayment to Tenant in the event of any rerenting of the Premises by Landlord, after first deducting from rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant’s aforesaid obligation, and in obtaining possession of, restoring, preparing for and re-letting the Premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Term of this Lease.

OCCUPANCY AND USE BY TENANT. 26.01 If this Lease is terminated because of Tenant’s 's default hereunder, then, in addition to Landlord’s 's rights of re-entry, restoration, preparation for and rerentalre-rental, and anything elsewhere in this Lease to the contrary notwithstanding, all Fixed Annual Rent and Additional Rent reserved in this Lease from the date of such breach to the expiration date of this Lease Expiration Date shall become immediately /:\Cyruli Documents\SLGreen\625 Madison Ave\Fitz & Co\lease dr 07.doc 28 due and payable to Landlord and Landlord shall retain its right to judgment on and collection of Tenant’s 's aforesaid obligation to make a single payment to Landlord of a ofa sum equal to equalto: (i) the total of all amount by which (x) the Fixed Annual Rent and Additional Rent reserved payable under this Lease for the remainder period from the date of such default through the original Term Expiration Date exceeds (y) the then fair and reasonable rental value ofthe Premises for the same period, which sum shall be discounted to present value by using the prime rate of this Leaseinterest charged by JPMorgan Chase Bank, subject to future credit New York, New York (or repayment to Tenant in the event successor thereto) on the date of any rerenting of the Premises by Landlordsuch breach, after first deducting from rerental income and (ii) all customary expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant’s 's aforesaid obligation, obligation and in obtaining possession of, restoring, preparing for and re-letting the Premises. In no event shall Tenant be entitled to a credit or repayment for rerental re-rental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Term of this LeaseTerm.

OCCUPANCY AND USE BY TENANT. 26.01 If this Lease is terminated because of Tenant’s default hereunder, then, in addition to Landlord’s 's rights of re-entry, restoration, preparation for and rerental, and anything elsewhere in this Lease to the contrary notwithstanding, all Rent and Additional Rent reserved in this Lease from the date of such breach to the expiration date of this Lease shall become immediately due and payable to Landlord and Landlord shall retain its right to judgment on and collection of Tenant’s 's aforesaid obligation to make a single payment to Landlord of a sum equal to the total of all Rent and Additional Rent reserved for the remainder of the original Term of this Lease, subject to future credit or repayment to Tenant in the event of any rerenting of the Premises by Landlord, after first deducting from rerental income all commercially reasonable expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant’s 's aforesaid obligation, and in obtaining possession of, restoring, preparing for and re-letting the Premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Term of this Lease.