Common use of Rights of Landlord Upon Tenants Default Clause in Contracts

Rights of Landlord Upon Tenants Default. In the event that Tenant shall create or suffer an Event of Default under this Lease Agreement, in addition to the other rights and remedies available to Landlord hereunder, in equity or at law, Landlord, at its option, shall have the following remedies: (A) Without cancelling or terminating this Lease Agreement or the Lease Term, Landlord shall have the right to repossess the Premises and terminate all rights of Tenant with respect to the Premises and the Common Use Facilities, to possess the Premises and the Fixtures and each and every part thereof and to expel Tenant therefrom and to endeavor to relet all or any part of the Premises from time to time for any unexpired part of the Lease Term. In the event of such repossession and reletting by Landlord, Landlord may collect the rents from any such reletting, applying the same first to the payment of reasonable expenses of such repossession and reletting (the “Reletting Expenses”, which shall include attorneys’ fees, brokerage fees, expenses for redecoration, alterations and other costs in connection with preparing the Premises for new tenants) and then as a credit against the Base Rent and additional charges due or to become due from Tenant under this Lease Agreement, with Tenant to pay to Landlord each month following any such repossession by Landlord any deficiency between Base Rent and other sums due and payable hereunder by Tenant for such month and the amount of any rent (net of Reletting Expenses) collected by Landlord during such month from any reletting tenant. Except as expressly provided in this Section 18.02(A), neither such termination of the right of Tenant to occupy the Premises, nor such repossession and possession by Landlord, shall relieve Tenant from its obligations to pay Base Rent and all other amounts payable by Tenant under the terms of this Lease Agreement, and/or to perform and observe all of the obligations of Tenant under this Lease Agreement. (B) Landlord shall have the right to cancel and terminate this Lease Agreement and the Lease Term at any time (including any time after Landlord has elected to terminate Tenant’s right of possession as provided in subsection 18.02(A) of this Lease Agreement), which termination shall not impair in any manner Landlord’s right to recover from Tenant any damages arising as a consequence of an Event of Default hereunder or such termination of this Lease Agreement; provided that, in no event shall Tenant be liable for consequential, indirect or punitive damages.

Rights of Landlord Upon Tenants Default. In the event that Tenant shall create or suffer an Event of Default under this Lease Agreement, in addition to the other rights and remedies available to Landlord hereunder, in equity or at law, Landlord, at its option, shall have the following remedies: (A) Without cancelling or terminating this Lease Agreement or the Lease Term, Landlord shall have the right to repossess the Premises and terminate all rights of Tenant with respect to the Premises and the Common Use Facilities, to possess the Premises and the Fixtures and each and every part thereof and to expel Tenant therefrom and to endeavor to relet all or any part of the Premises from time to time for any unexpired part of the Lease Term. In the event of such repossession and reletting by Landlord, Landlord may collect the rents from any such reletting, applying the same first to the payment of reasonable expenses of such repossession and reletting (the “Reletting Expenses”, which shall include attorneys’ fees, brokerage fees, expenses for redecoration, alterations and other costs in connection with preparing the Premises for new tenants) and then as a credit against the Base Rent and additional charges due or to become due from Tenant under this Lease Agreement, with Tenant to pay to Landlord each month following any such repossession by Landlord any deficiency between Base Rent and other sums due and payable hereunder by Tenant for such month and the amount of any rent (net of Reletting Expenses) collected by Landlord during such month from any reletting tenant. Except as expressly provided in this Section 18.02(A), neither such termination of the right of Tenant to occupy the PremisesPremises and the Project, nor such repossession and possession by Landlord, shall relieve Tenant from its obligations to pay Base Rent and all other amounts payable by Tenant under the terms of this Lease Agreement, and/or to perform and observe all of the obligations of Tenant under this Lease Agreement. (B) Landlord shall have the right to cancel and terminate this Lease Agreement and the Lease Term at any time (including any time after Landlord has elected to terminate Tenant’s right of possession as provided in subsection 18.02(A) of this Lease Agreement), which termination shall not impair in any manner Landlord’s right to recover from Tenant any damages arising as a consequence of an Event of Default hereunder or such termination of this Lease Agreement; provided that, in no event shall Tenant be liable for consequential, indirect or punitive damages.

Rights of Landlord Upon Tenants Default. In the event that Tenant shall create or suffer an Event of Upon any Default under this Lease Agreement, in addition to the other rights and remedies available to Landlord hereunder, in equity or at law, Landlord, at its option, shall have the following remedies: (A) Without cancelling or terminating this Lease Agreement or the Lease Termby Tenant, Landlord shall have the right to repossess the Premises terminate this Lease and terminate all rights of Tenant with respect Tenant's right to the Premises and the Common Use Facilities, to possess the Premises and the Fixtures and each and every part thereof and to expel Tenant therefrom and to endeavor to relet all or any part possession of the Premises by giving written notice of termination to Tenant, and to recover from Tenant: 17.2.1 The worth at the time to of award of the unpaid Rentals which had been earned at the time of termination; 17.2.2 The worth at the time of award of the amount by which the unpaid Rentals which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; 17.2.3 The worth at the time of award (computed by discounting at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid Rentals for any unexpired part the balance of the Lease Term. In Term after the event time of award exceeds the amount of such repossession rental loss that Tenant proves could be reasonably avoided; and 17.2.4 Any other amounts necessary to compensate Landlord for detriment proximately caused by the Default by Tenant or which in the ordinary course of events would likely result, including without limitation the reasonable costs and reletting expenses incurred by LandlordLandlord in: (i) Retaking possession of the Premises; (ii) Cleaning and making repairs and alterations (including installation of leasehold improvements, Landlord may collect the rents from any such reletting, applying whether or not the same first shall be funded by a reduction of rent, direct payment or allowance or otherwise) necessary to return the payment of reasonable expenses of such repossession Premises to good condition and reletting (the “Reletting Expenses”, which shall include attorneys’ fees, brokerage fees, expenses for redecoration, alterations and other costs in connection with preparing to prepare the Premises for new tenantsreletting; (iii) Removing, transporting, and then as a credit against storing any of Tenant's property left at the Base Rent and additional charges due Premises (although Landlord shall have no obligation to remove, transport, or to become due from Tenant under this Lease Agreement, with Tenant to pay to Landlord each month following store any such repossession by Landlord any deficiency between Base Rent and other sums due and payable hereunder by Tenant for such month and the amount of any rent (net of Reletting Expenses) collected by Landlord during such month from any reletting tenant. Except as expressly provided in this Section 18.02(A), neither such termination of the right of Tenant to occupy property); (iv) Reletting the Premises, nor including without limitation, brokerage commissions, advertising costs, and attorneys' fees; (v) Attorneys' fees, expert witness fees, consultants and court costs; and (vi) Costs of carrying the Premises such repossession as repairs, maintenance, taxes and possession by Landlordinsurance premiums, shall relieve Tenant from its obligations utilities and security precautions (if any). 17.2.5 The "worth at the time of award" of the amounts referred to pay Base Rent in subparagraphs 17.2.1 and all other amounts payable by Tenant under the terms 17.2.2 of this Lease Agreement, and/or to perform and observe all Section 17.2 is computed by allowing interest at the lesser of ten percent per annum or the obligations of Tenant under this Lease Agreementmaximum rate allowed by law. (B) Landlord shall have the right to cancel and terminate this Lease Agreement and the Lease Term at any time (including any time after Landlord has elected to terminate Tenant’s right of possession as provided in subsection 18.02(A) of this Lease Agreement), which termination shall not impair in any manner Landlord’s right to recover from Tenant any damages arising as a consequence of an Event of Default hereunder or such termination of this Lease Agreement; provided that, in no event shall Tenant be liable for consequential, indirect or punitive damages.