SURVIVAL OF THE OBLIGATIONS OF THE LESSEE. (a) In the event that this Lease shall have been terminated in accordance with a notice of termination as provided in Section 33 of this Lease Agreement entitled "Termination," or the interest of the Lessee canceled pursuant thereto, or in the event that the State has re-entered, regained or resumed possession of the Demised Premises in accordance with the provisions of Section 43 of this Lease Agreement entitled "Right of Re-entry," all the obligations of the Lessee under this Lease Agreement shall survive such termination or cancellation, re-entry, regaining or resumption of possession and shall remain in full force and effect for the full Term of this Lease Agreement, and the amount of damages or deficiency shall become due and payable, as more specifically stated in paragraph (b) below, to the State to the same extent, at the same time or times and in the same manner as if no termination, cancellation, re-entry, regaining or possession had taken place.
(b) Immediately upon any termination or cancellation pursuant to Section 33 of this Lease Agreement entitled "Termination," or upon any reentry, regaining or resumption of possession in accordance with Section 43 of this Agreement entitled "Right of Re-entry," there shall become due and payable by the Lessee to the State, in addition to Rent accrued prior to the effective date of termination, without notice or demand and as damages, the sum of the following:
(1) the amount of all unfulfilled monetary obligations of the Lessee under this Lease Agreement, including without limitation thereto, all sums constituting additional rent hereunder and the cost to and expenses of the State for fulfilling all other obligations of the Lessee which would have accrued or matured during the balance of the Term or on the Expiration Date originally fixed or within a stated time after expiration or termination; and
(2) an amount equal to the cost to and the expenses of the State in connection with the termination, cancellation, regaining possession and restoring and reletting the Demised Premises, the State's legal expenses and cost, and the State's cost and expenses for the care and maintenance of the Demised Premises during any period of vacancy, and any brokerage fees and commissions in connection with any reletting; and
(3) subject to the provisions of paragraph (c) below,
(i) on account of the Lessee's Fixed Rent obligation, an amount equal to the then present value of all Fixed Rent provided for in this Lease Agreeme...
SURVIVAL OF THE OBLIGATIONS OF THE LESSEE. 26.1 In the event that the Agreement shall have been terminated in accordance with a notice of termination as provided in Section 22 hereof, all the obligations of the Lessee under this Agreement shall survive such termination, re-entry, regaining or resumption of possession and shall remain in full force and effect for the full term of this Agreement, and the amount or amounts of damages or deficiency shall become due and payable to County to the same extent, at the same time or times, and in the same manner as if no termination, re-entry, regaining or resumption of possession had taken place. County may maintain separate actions each month to recover the damage or deficiency then due or at its option and at any time may sue to recover the full deficiency less the proper discount, for the entire unexpired term of the Agreement.
26.2 The amount of damages for the period of time subsequent to termination (or re-entry, regaining or resumption of possession) on account of the Lessee's rental obligations, shall be the sum of the following:
26.2.1 The amount of the total of all installments thereof payable prior to the effective date of termination except that the credit to be allowed for the installment payable on the first (1st) day of the month in which the termination is effective shall be prorated for the part of the month the Agreement remains in effect on the basis of the total days in the month;
26.2.2 An amount equal to all expenses incurred by County in connection with regaining possession, restoring the Leased Premises, acquiring a new lease for the Leased Premises, legal expenses (including but not limited to attorney's fees), putting the Leased Premises in order, maintenance and brokerage fees.
26.2.3 An amount equal to any deficiency for the remaining term of the Lease, computed in accordance with the provisions of Section 26.2.1.
SURVIVAL OF THE OBLIGATIONS OF THE LESSEE. (a) In the event that the letting shall have been terminated in accordance with a notice of termination as provided in the Section of this Agreement entitled "Termination", or the interest of the Lessee cancelled pursuant thereto, or in the event that the Port Authority has re-entered, regained or resumed possession of the premises in accordance with the provisions of the Section of this Agreement entitled "Right of Re-entry", all the obligations of the Lessee under this Agreement shall survive such termination or cancellation, re-entry, regaining or resumption of possession and shall remain in full force and effect for the full term of this Agreement, and the amount or amounts of damages or deficiency shall become due and payable, as more specifically stated in paragraph (b) below, to the Port Authority to the same extent, at the same time or times and in the same manner as if no termination, cancellation, re-entry, regaining or resumption of possession had taken place.
(b) Immediately upon any termination or cancellation pursuant to the Section of this Agreement entitled "Termination", or upon any re-entry, regaining or resumption of possession in accordance with the Section of this Agreement entitled "Right of Re-entry", there shall become due and payable by the Lessee to the Port Authority, in addition to rental accrued prior to the effective date of termination, without notice or demand and as damages, the sum of the following:
(1) subject to the provisions of paragraph (c) below, an amount equal to the then present value of all basic rental provided for in this Agreement for the entire term, following the effective date of termination, as originally fixed in the Section of this WTC-SOL3195
SURVIVAL OF THE OBLIGATIONS OF THE LESSEE
