Common use of REPOSSESSION; DAMAGES Clause in Contracts

REPOSSESSION; DAMAGES. Terminate Tenant's right to possession of the Premises by any lawful means in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. If Tenant shall receive a demand for the payment of past due rent or any other charge, any payments tendered thereafter to cure any default by Tenant shall be made only by Cashier's Check. In event of repossession of the Premises following Tenant's Default, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's Default, including an amount equal to the excess of (i) the total rent for the unexpired balance of the Term following the date the damage judgment is entered (or otherwise awarded)(the "Judgment Date"), including, without limitation all applicable late charges and interest, discounted at the Default Discount Rate (hereinafter defined) to the present value on the Judgment Date, together with all other damages incurred by Landlord in connection with Tenant's Default as specified in Section 10.05, below, plus the unpaid rent due as of the Judgment Date, over (ii) the market rental value of the Premises for the balance of the Term, discounted at the Default Discount Rate to the present value on the Judgment Date. For the purposes of clause (i) above, the components of monthly rent (other than Base Rent) for the remainder of the Term shall be deemed to be equal to the respective monthly amounts thereof as were due and payable during the month in which the Lease was terminated. As used in clause (ii), the term "Default Discount Rate" shall be the average of discount rates of the Federal Reserve Bank of Dallas in effect on the first day of each of the six calendar months preceding the month in which the Judgment Date falls, plus one percent (1%). If Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Section 10.03A, or (ii) proceeding under Section 10.03B.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc), Purchase and Sale Agreement (Home Interiors & Gifts Inc)

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REPOSSESSION; DAMAGES. Terminate Tenant's ’s right to possession of the Premises by any lawful means in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. If Tenant shall receive a demand for the payment of past due rent or any other charge, any payments tendered thereafter to cure any default by Tenant shall be made only by Cashier's Check. In event of repossession of the Premises following Tenant's ’s Default, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's ’s Default, including an amount equal to the excess sum of (i) the total rent Rent for the unexpired balance of the Lease Term following the date the damage judgment is entered (or otherwise awarded)(the "awarded) (the “Judgment Date"), including, without limitation all applicable late charges and interest, discounted at the Default Discount Rate (hereinafter defined) to the present value on the Judgment Date, together with plus all other damages incurred by Landlord in connection with Tenant's ’s Default as specified in Section 10.0510.04, below, plus the unpaid rent Rent due as of the Judgment Date, over less (ii) the market rental value of the Premises for the balance of the Lease Term, discounted at the Default Discount Rate to the present value on the Judgment Date. For the purposes of clause (i) above, the components of monthly rent (other than Base Rent) for the remainder of the Term shall be deemed to be equal to the respective monthly amounts thereof as were due and payable during the month in which the Lease was terminated. As used in clause (ii), the term "Default Discount Rate" shall be the average of discount rates of the Federal Reserve Bank of Dallas in effect on the first day of each of the six calendar months preceding the month in which the Judgment Date falls, plus one three percent (13%). If Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Section 10.03A, or (ii) proceeding under Section 10.03B..

Appears in 1 contract

Samples: Industrial Real Estate Lease (Network Engines Inc)

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REPOSSESSION; DAMAGES. Terminate Tenant's right to possession of the Premises by any lawful means in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. If Tenant shall receive a demand for the payment of past due rent or any other charge, any payments tendered thereafter to cure any default by Tenant shall be made only by Cashier's Check. In event of repossession of the Premises following Tenant's Default, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's Default, including an amount equal to the excess sum of (i) the total rent for the unexpired balance of the Term following the date the damage judgment is entered (or otherwise awarded)(the "Judgment Date"), including, without limitation all applicable late charges and interest, discounted at the Default Discount Rate (hereinafter defined) to the present value on the Judgment Date, together with plus all other damages incurred by Landlord in connection with Tenant's Default as specified in Section 10.05, below, plus the unpaid rent due as of the Judgment Date, over less (ii) the market rental value of the Premises for the balance of the Term, discounted at the Default Discount Rate to the present value on the Judgment Date. For the purposes of clause (i) above, the components of monthly rent (other than Base Rent) for the remainder of the Term shall be deemed to be equal to the respective monthly amounts thereof as were due and payable during the month in which the Lease was terminated. As used in clause (ii), the term "Default Discount Rate" shall be the average of discount rates of the Federal Reserve Bank of Dallas in effect on the first day of each of the six calendar months preceding the month in which the Judgment Date falls, plus one percent (1%). If Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Section 10.03A, or (ii) proceeding under Section 10.03B.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Home Interiors & Gifts Inc)

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