Common use of Proximately Caused Damages Clause in Contracts

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys’ fees), incurred by Landlord in (I) retaking possession of the Premises; (ii) maintaining the Premises after Tenant’s default; (iii) preparing the Premises for reletting to a new tenant, including any repairs or alterations; and (iv) reletting the Premises, including brokers’ commissions. “The worth at the time of the award” as used in subsections (a) and (b) above is to be computed by allowing interest at the rate of ten percent (10%) per annum. “The worth at the time of the award” as used in subsection (c) above is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 2 contracts

Samples: Office Lease (Aduro Biotech, Inc.), Office Lease (Aduro Biotech, Inc.)

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Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (Ia) retaking possession of the Premises; , (iib) maintaining the Premises after Tenant’s 's default; , (iiic) preparing the Premises for reletting to a new tenant, including any repairs or alterations; , and (ivd) reletting the Premises, including brokers' commissions. "The worth at the time of the award" as used in subsections (a) items 19.3.1. and (b) above 19.3.2. above, is to be computed by allowing interest at the maximum rate of ten percent (10%) per annumpermitted by law to be charged by an individual. "The worth at the time of the award" as used in subsection (c) above item 19.3.3. above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (Midwest Medical Insurance Holding Co)

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (Ia) retaking possession of the Premises; , (iib) maintaining the Premises after Tenant’s 's default; , (iiic) preparing the Premises for reletting to a new tenant, including any repairs or alterations; , and (ivd) reletting the Premises, including brokers’ broker's commissions. "The worth at the time of the award" as used in subsections (a) subparagraphs 1 and (b) above 2 above, is to be computed by allowing interest at the rate of ten percent (10%) per annum. "The worth at the time of the award" as used in subsection (c) above subparagraph 3 above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Office Building Lease (Photon Dynamics Inc)

Proximately Caused Damages. Any other amount necessary -------------------------- to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which in the ordinary course of things would be by likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (Ia) retaking possession of the Premises; , (iib) maintaining the Premises after Tenant’s 's default; , (iiic) preparing the Premises for reletting to a new tenant, including any repairs or alterations; , and (ivd) reletting the Premisespremises, including brokers' commissions. "The worth at the time of the award" as used in subsections (a) items 19.3.1. and (b) above 19.3.2. above, is to be computed by allowing interest at the maximum rate of ten percent (10%) per annumpermitted by law to be charged by an individual. "The worth at the time of the award" as used in subsection (c) above item 19.3.3. above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Sublease Agreement (Global Maintech Corp)

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Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s Xxxxxx's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (Ia) retaking possession of the Premises; , (iib) maintaining the Premises after Tenant’s 's default; , (iiie) preparing the Premises for reletting to a new tenant, including any repairs or alterations; , and (ivd) reletting the Premises, including brokers' commissions. "The worth at the time of the award" as used in subsections (a) Sections 19.3.1. and (b) above 19.3.2. above, is to be computed by allowing interest at the maximum rate of ten percent (10%) per annumpermitted by law to be charged by an individual. "The worth at the time of the award" as used in subsection (c) above Section 19.3.3. above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Lease (Sonus Networks Inc)

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure Tenaxx'x xailure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (Ia) retaking possession of the Premises; , (iib) maintaining the Premises after Tenant’s 's default; , (iiic) preparing the Premises for reletting to a new tenant, including any repairs or alterations; , and (ivd) reletting the Premises, including brokers’ broker's commissions. "The worth at the time of the award" as used in subsections (a) subparagraphs 1 and (b) above 2 above, is to be computed by allowing interest at the rate of ten percent (1010 %) per annum. "The worth at the time of the award" as used in subsection (c) above subparagraph 3 above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Optimumcare Corp /De/

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