Common use of Recovery of Rent and Damages Clause in Contracts

Recovery of Rent and Damages. Landlord shall have the right to recover from Tenant all loss of Rent and other payments that Landlord may incur by reason of termination of the Lease, including, without limitation: (a) all Rent and other sums due and payable by Tenant as of the date of termination; (b) all Rent that would otherwise be payable for the remainder of the Term in accordance with the terms of this Lease, as and when due, and Tenant shall indemnify Landlord for the same (such amount to be measured net of the amounts, if any, that Landlord actually receives from a replacement tenant for such period after deducting the costs incurred by Landlord in entering into such transaction, including any free rent, allowances, commissions, costs to undertake any improvements to the Premises, etc., but in no event shall Tenant be entitled to receive any rents paid or payable by such replacement Tenant to Landlord); (c) all of Landlord’s then unamortized costs of special inducements provided to Tenant (including without limitation rent concessions, tenant construction allowances, rent waivers, above building standard leasehold improvements, and the like); (d) the reasonable costs of collecting amounts due from Tenant under the Lease and the costs of recovering possession of the Premises (including reasonable attorneys’ fees and litigation costs); (e) the costs of curing defaults existing at or prior to the date of termination; (f) all “Reletting Expenses” (as defined below); and (g) all Landlord’s other reasonable expenditures arising from the termination. Tenant shall reimburse Landlord for all such items, and the same shall be due and payable immediately from time to time upon notice from Landlord to Tenant that an expense has been incurred, without regard to whether the expense was incurred before or after the termination. Notwithstanding the foregoing, except with respect to Sections 2.2, 6.7 and 7.6 of this Lease, Tenant shall not be liable for any of Landlord’s indirect or consequential damages arising from an Event of Default by Tenant.

Recovery of Rent and Damages. Landlord shall have the right to recover from Tenant all loss of Rent and other payments that Landlord may incur by reason of termination of the Lease, including, without limitation: (a) all Rent and other sums due and payable by Tenant as of the date of termination; (b) all Rent that would otherwise be payable for the remainder of the Term in accordance with the terms of this Lease, as and when due, and Tenant shall indemnify Landlord for the same (such amount to be measured net of the amounts, if any, that Landlord actually receives from a replacement tenant for such period after deducting the costs incurred by Landlord in entering into such transaction, including any free rent, allowances, commissions, costs to undertake any improvements to the Premises, etc., but in no event shall Tenant be entitled to receive any rents paid or payable by such replacement Tenant to Landlord)same; (c) all of Landlord’s then unamortized costs of special inducements provided to Tenant (including without limitation rent concessions, tenant construction allowances, rent waivers, above building standard leasehold improvements, and the like); (d) the reasonable costs of collecting amounts due from Tenant under the Lease and the costs of recovering possession of the Premises (including reasonable attorneys’ fees and litigation costs); (e) the costs of curing Tenant’s defaults existing at or prior to the date of termination; (f) all “Reletting Expenses” (as defined below); and (g) all Landlord’s other reasonable expenditures arising from the termination. Tenant shall reimburse Landlord for all such items, and the same shall be due and payable immediately from time to time upon notice from Landlord to Tenant that an expense has been incurred, without regard to whether the expense was incurred before or after the termination. Notwithstanding the foregoing, except with respect to Sections 2.2, 6.7 and 7.6 as set in Section 2.2 of this Lease, Tenant shall not be liable for any of Landlord’s indirect or consequential damages arising from an Event of Default by Tenant.

Recovery of Rent and Damages. Landlord shall have the right to recover from Tenant all loss of Rent and other payments that Landlord may incur by reason of termination of the Lease, including, without limitation: (a) all Rent and other sums due and payable by Tenant as of the date of termination; (b) all Rent that would otherwise be payable for the remainder of the Term in accordance with the terms of this Lease, as and when due, and Tenant shall indemnify Landlord for the same (such amount to be measured net of the amounts, if any, that Landlord actually receives from a replacement tenant for such period after deducting the costs incurred by Landlord in entering into such transaction, including any free rent, allowances, commissions, costs to undertake any improvements to the Premises, etc., but in no event shall Tenant be entitled to receive any rents paid or payable by such replacement Tenant to Landlord)same; (c) all of Landlord’s then unamortized costs of special inducements provided to Tenant (including without limitation any rent concessions, tenant construction allowances, rent waivers, above building standard leasehold improvements, and the like, if any); (d) the reasonable costs of collecting amounts due from Tenant under the this Lease and the costs of recovering possession of the Premises (including reasonable attorneys’ attorneys fees and litigation costs); (e) the costs of curing Tenant’s defaults existing at or prior to the date of termination; (f) all “Reletting Expenses” (as defined below); and (g) all Landlord’s other reasonable expenditures arising from the termination. Tenant shall reimburse Landlord for all such items, and the same shall be due and payable immediately from time to time upon notice from Landlord to Tenant that an expense has been incurred, without regard to whether the expense was incurred before or after the termination. Notwithstanding the foregoing, except with respect to Sections 2.2, 6.7 and 7.6 as set forth in Section 2.2 of this Lease, Tenant shall not be liable for any of Landlord’s indirect or consequential damages arising from an Event of Default by Tenant.

Recovery of Rent and Damages. In addition to all other rights and remedies of Landlord provided by law and under this Lease, following an event of default, Landlord shall have the right to recover under this Lease from Tenant, Tenant's successors and assigns, any guarantor of Tenant's obligations, and any other party liable for Tenant's obligations under this Lease the following amounts: 20.3.1. Fixed minimum rent, percentage rent, additional rents, and late charges, legal fees, and all other charges owing by Tenant to Landlord under this Lease prior to the effective date of termination or re-entry; plus, 20.3.2. Damages subsequent to termination of this Lease equal to the excess of all loss fixed minimum rent, percentage rent (computed under subsection 20.3.5), and additional rents reserved under this Lease, reduced to present value as of Rent the effective date of termination, over the rental value of the Premises from the effective date of termination to the end of the remaining term of this lease, computed after deducting Landlord's costs of reletting the Premises; plus, 20.3.3. For any period subsequent to re-entry but prior to termination of this Lease, fixed minimum rent, percentage rent (computed under subsection 20.3.5), additional rents, late charges, legal fees and other payments that Landlord may incur by reason of termination of the charges reserved under this Lease, includingas defined below, without limitation: (a) all Rent and other sums due and payable by Tenant accrued as of the date of termination; (b) judgment, less the rentals received by Landlord from the reletting of all Rent that would otherwise be payable for the remainder or any portion of the Term in accordance with Premises, reduced by Landlord's costs of reletting the terms premises, including, but not limited, to leasing commissions, brokerage fees, costs of this Leaserepairs, as and when dueimprovements or modifications made to the Premises, legal fees, and Tenant shall indemnify Landlord for the same (such amount to be measured net of the amounts, if any, that Landlord actually receives from a replacement tenant for such period after deducting the other costs incurred by Landlord in entering into such transactionreletting the Premises; plus, 20.3.4. All direct and foreseeable consequential damages, including cost, expense, or loss suffered by Landlord as a proximate result of the breach by Tenant of any free rentprovision of this Lease for which Landlord is not fully compensated under subsection 20.3.1. 20.3.5. For the purpose of determining the Tenant's obligation to pay percentage rent following termination of this Lease, allowancesre-entry by Landlord, commissions, costs to undertake any improvements damage or destruction to the Premises, etc., but in no event shall Tenant be entitled to receive or any rents paid or payable by such replacement failure of Tenant to Landlord); (c) all remain continuously open for business in the manner required by this Lease, percentage rent shall be determined on the basis of Landlord’s then unamortized costs of special inducements provided to Tenant (including without limitation rent concessions, tenant construction allowances, rent waivers, above building standard leasehold improvements, and the like); (dTenant's average gross sales from either: i) the reasonable costs of collecting amounts due from Tenant under Rent Commencement Date to the Lease and the costs of recovering possession of the Premises (including reasonable attorneys’ fees and litigation costs); (e) the costs of curing defaults existing at or date Tenant's gross sales were last reported to Landlord prior to the date of termination; , re-entry or failure to open (f) all “Reletting Expenses” (as defined belowthe "Final Reporting Date"); and (gii) all Landlord’s other reasonable expenditures arising from the terminationthree full calendar years preceding the Final Reporting Date, whichever period is shorter. Tenant shall reimburse Landlord for all such items, and the same Present value of future rents under subsection 20.3.2 shall be due and payable immediately from time computed on the basis of an interest rate of six percent (6%) per annum. Tenant's liability for additional rents (exclusive of percentage rent) subsequent to time upon notice from Landlord to Tenant that an expense has been incurred, without regard to whether the expense was incurred before or after the termination. Notwithstanding the foregoing, except with respect to Sections 2.2, 6.7 and 7.6 termination of this Lease, Tenant shall not be liable determined by multiplying the monthly additional rent payable at the date of termination, times the number of months remaining in this Lease term, without any reduction for any of Landlord’s indirect or consequential damages arising from an Event of Default by Tenantpresent value, it being agreed that inflationary increases in such costs for future years fully negate the need for present value reductions.

Recovery of Rent and Damages. Landlord shall have the right to recover from Tenant all loss of Rent and other payments that Landlord may incur by reason of termination of the Lease, including, without limitation: (a) all Rent and other sums due and payable by Tenant as of the date of termination; (b) all Rent that would otherwise be payable for the remainder of the Term in accordance with the terms of this Lease, as and when due, and Tenant shall indemnify Landlord for the same (such amount to be measured net of the amounts, if any, that Landlord actually receives from a replacement tenant for such period after deducting the costs incurred by Landlord in entering into such transaction, including any free rent, allowances, commissions, costs to undertake any improvements to the Premises, etc., but in no event shall Tenant be entitled to receive any rents paid or payable by such replacement Tenant to Landlord)same; (c) all of Landlord’s then unamortized costs of special inducements provided to Tenant (including without limitation rent concessions, tenant construction allowances, rent waivers, above building standard leasehold improvements, and the like); (d) the reasonable costs of collecting amounts due from Tenant under the Lease and the costs of recovering possession of the Premises (including reasonable attorneys’ attorneys fees and litigation costs); (e) the costs of curing Tenant's defaults existing at or prior to the date of termination; (f) all “Reletting Expenses” (as defined below); and (g) all Landlord’s other reasonable expenditures arising from the termination. Tenant shall reimburse Landlord for all such items, and the same shall be due and payable immediately from time to time upon notice from Landlord to Tenant that an expense has been incurred, without regard to whether the expense was incurred before or after the termination. Notwithstanding the foregoing, except with respect to Sections 2.2, 6.7 and 7.6 as set in Section 2.2 of this Lease, Tenant shall not be liable for any of Landlord’s indirect or consequential damages arising from an Event of Default by Tenant.

Recovery of Rent and Damages. In addition to all other rights and remedies of Landlord provided by law and under this Lease, following an event of default, Landlord shall have the right to recover under this Lease from Tenant, Tenant’s successors and assigns, any guarantor of Tenant’s obligations, and any other party liable for Tenant’s obligations under this Lease the following amounts: 19.3.1 Fixed minimum rent, additional rents, and late charges, legal fees, and all other charges owing by Tenant to Landlord under this Lease prior to the effective date of termination or re-entry; plus, 19.3.2 Damages subsequent to termination of this Lease equal to the excess of all loss fixed minimum rent and additional rents reserved under this Lease, reduced to present value as of Rent the effective date of termination, over the rental value of the Premises from the effective date of termination to the end of the remaining term of this Lease, computed after deducting Landlord’s costs of reletting the Premises; plus, 19.3.3 For any period subsequent to re-entry but prior to termination of this Lease, fixed minimum rent, additional rents, late charges, legal fees and other payments that Landlord may incur by reason of termination of the charges reserved under this Lease, includingas defined below, without limitation: (a) all Rent and other sums due and payable by Tenant accrued as of the date of termination; (b) judgment, less the rentals received by Landlord from the reletting of all Rent that would otherwise be payable for the remainder or any portion of the Term in accordance with Premises, reduced by Landlord’s costs of reletting the terms premises, including, but not limited, to leasing commissions, brokerage fees, costs of this Leaserepairs, as and when dueimprovements or modifications made to the Premises, legal fees, and Tenant shall indemnify Landlord for the same (such amount to be measured net of the amounts, if any, that Landlord actually receives from a replacement tenant for such period after deducting the other costs incurred by Landlord in entering into such transaction, including any free rent, allowances, commissions, costs to undertake any improvements to reletting the Premises; plus, 19.3.4 All direct and foreseeable consequential damages, etc.cost, but in no event shall Tenant be entitled to receive any rents paid expense, or payable loss suffered by such replacement Tenant to Landlord); (c) all of Landlord’s then unamortized costs of special inducements provided to Tenant (including without limitation rent concessions, tenant construction allowances, rent waivers, above building standard leasehold improvements, and the like); (d) the reasonable costs of collecting amounts due from Tenant under the Lease and the costs of recovering possession Landlord as a proximate result of the Premises (including reasonable attorneys’ fees and litigation costs); (e) the costs breach by Tenant of curing defaults existing at or prior to the date of termination; (f) all “Reletting Expenses” (as defined below); and (g) all Landlord’s other reasonable expenditures arising from the termination. Tenant shall reimburse Landlord for all such items, and the same shall be due and payable immediately from time to time upon notice from Landlord to Tenant that an expense has been incurred, without regard to whether the expense was incurred before or after the termination. Notwithstanding the foregoing, except with respect to Sections 2.2, 6.7 and 7.6 any provision of this Lease, Tenant shall Lease for which Landlord is not be liable for any of Landlord’s indirect or consequential damages arising from an Event of Default by Tenantotherwise fully compensated elsewhere hereunder.

Recovery of Rent and Damages. Landlord shall have the right to recover from Tenant all loss of Rent and other payments that Landlord may incur by reason of termination of the Lease, including, without limitation: (( a) all Rent and other sums due and payable by Tenant as of the date of termination; (b) all Rent that would otherwise be payable for the remainder of the Term in accordance with the terms of this Lease, as and when due, and Tenant shall indemnify Landlord for the same (such amount to be measured net of the amounts, if any, that Landlord actually receives from a replacement tenant for such period after deducting the costs incurred by Landlord in entering into such transaction, including any free rent, allowances, commissions, costs to undertake any improvements to the Premises, etc., but in no event shall Tenant be entitled to receive any rents paid or payable by such replacement Tenant to Landlord)same; (( c) all of Landlord’s 's then unamortized costs of special inducements provided to Tenant (including without limitation rent concessions, tenant construction allowances, rent waivers, above building standard leasehold improvements, and the like); (d) the reasonable costs of collecting amounts due from Tenant under the Lease and the costs of recovering possession of the Premises (including reasonable attorneys’ attorneys fees and litigation costs); (e) the costs of curing Tenant's defaults existing at or prior to the date of termination; (f) all “"Reletting Expenses” " (as defined below); and (g) all Landlord’s 's other reasonable expenditures arising from the termination. Tenant shall reimburse Landlord for all such items, and the same shall be due and payable immediately from time to time upon notice from Landlord to Tenant that an expense has been incurred, without regard to whether the expense was incurred before or after the termination. Notwithstanding the foregoing, except with respect to Sections 2.2, 6.7 and 7.6 of this Lease, Tenant shall not be liable for any of Landlord’s indirect or consequential damages arising from an Event of Default by Tenant.