Common use of Terminate Lease Clause in Contracts

Terminate Lease. Landlord, either as an alternative to or subsequent to exercising the remedies set forth above, may terminate Tenant's right to possession of the Premises by and upon delivery to Tenant of written notice of termination. Landlord may then immediately reenter the Premises and take possession thereof pursuant to legal proceedings and remove all persons and property from the Premises which property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event that Landlord elects to terminate Tenant's right of possession Landlord may recover all of the following: 24.4.1 The worth at the time of award of the unpaid Monthly Rent which had been earned at the time of termination ("Worth at the time of award" shall be computed at the Interest Rate (as defined below), or the maximum rate as permitted by law, from the first day a breach occurs); 24.4.2 The worth at the time of award of the amount by which the unpaid Monthly Rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the rental loss that the Tenant proves could have been reasonably avoided ("Worth at the time of award" shall be computed at the Interest Rate, or the maximum rate permitted by law, from the first day a breach occurs); 24.4.3 The worth at the time of award of the amount by which the unpaid Monthly Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided ("Worth at the time of award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)); 24.4.4 Any other amount necessary to compensate Landlord for all the, detriment proximately caused by Tenants failure to perform its obligations under the Lease or which in the ordinary course of events would be likely to result therefrom including, but not limited to, expenses of reletting, attorneys fees, costs of alterations and repairs, recording fees, filing fees, and any other expense customarily resulting from obtaining possession of leased Premises and releasing; and 24.4.5 At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.

Appears in 2 contracts

Samples: Lease (Optimer Pharmaceuticals Inc), Lease (Optimer Pharmaceuticals Inc)

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Terminate Lease. Landlord, either as an alternative to or subsequent to exercising the remedies set forth above, may terminate Tenant's ’s right to possession of the Premises by and upon delivery to Tenant of written notice of termination. Landlord may then immediately reenter the Premises and take possession thereof pursuant to legal proceedings and remove all persons and property from the Premises which property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event that Landlord elects to terminate Tenant's ’s right of possession Landlord may recover all of the following: 24.4.1 The worth at the time of award of the unpaid Monthly Rent which had been earned at the time of termination ("Worth at the time of award" shall be computed at the Interest Rate (as defined below), or the maximum rate as permitted by law, from the first day a breach occurs); 24.4.2 The worth at the time of award of the amount by which the unpaid Monthly Rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the rental loss that the Tenant proves could have been reasonably avoided ("Worth at the time of award" shall be computed at the Interest Rate, or the maximum rate permitted by law, from the first day a breach occurs); 24.4.3 The worth at the time of award of the amount by which the unpaid Monthly Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided ("Worth at the time of award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)); 24.4.4 Any other amount necessary to compensate Landlord for all the, detriment proximately caused by Tenants failure to perform its obligations under the Lease or which in the ordinary course of events would be likely to result therefrom including, but not limited to, expenses of reletting, attorneys fees, costs of alterations and repairs, recording fees, filing fees, and any other expense customarily resulting from obtaining possession of leased Premises and releasing; and 24.4.5 At Landlord's ’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.

Appears in 1 contract

Samples: Building Lease (Genstar Therapeutics Corp)

Terminate Lease. Landlord, either as an alternative to or subsequent to exercising the remedies set forth above, may terminate Tenant's right to possession of the Premises by and upon delivery to Tenant of written notice of termination. Landlord may then immediately reenter the Premises and take possession thereof pursuant to legal proceedings and remove all persons and property from the Premises which property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event that Landlord elects to terminate Tenant's right of possession Landlord may recover all of the following: 24.4.1 The worth at the time of award of the unpaid Monthly Rent which had been earned at the time of termination ("Worth at the time of awardWORTH AT THE TIME OF AWARD" shall be computed at the Interest Rate (as defined below), or the maximum rate as permitted by law, from the first day a breach occurs); 24.4.2 The worth at the time of award of the amount by which the unpaid Monthly Rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the rental loss that the Tenant proves could have been reasonably avoided ("Worth at the time of awardWORTH AT THE TIME OF AWARD" shall be computed at the Interest Rate, or the maximum rate permitted by law, from the first day a breach occurs); 24.4.3 The worth at the time of award of the amount by which the unpaid Monthly Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided ("Worth at the time of awardWORTH AT THE TIME OF AWARD" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)); 24.4.4 Any other amount necessary to compensate Landlord for all the, detriment proximately caused by Tenants failure to perform its obligations under the Lease or which in the ordinary course of events would be likely to result therefrom including, but not limited to, expenses of reletting, attorneys fees, costs of alterations and repairs, recording fees, filing fees, and any other expense customarily resulting from obtaining possession of leased Premises and releasing; and 24.4.5 At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.

Appears in 1 contract

Samples: Building Lease (Alexion Pharmaceuticals Inc)

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Terminate Lease. Landlord, either as an alternative to or subsequent to exercising Landlord shall have the remedies set forth above, may terminate Tenant's right to possession terminate this Lease and all rights of the Premises Tenant hereunder by and upon delivery to Tenant of giving written notice of termination. Landlord may then immediately reenter the Premises and take possession thereof pursuant to legal proceedings and remove all persons and property from the Premises which property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In If the event that Landlord elects to terminate Tenant's right of possession Lease is so terminated, then Landlord may recover all of from Tenant: (i) the following: 24.4.1 The worth at the time of award of the any unpaid Monthly Rent which rent that had been earned at the time of termination such termination; plus ("Worth at ii) the time of award" shall be computed at the Interest Rate (as defined below), or the maximum rate as permitted by law, from the first day a breach occurs); 24.4.2 The worth at the time of award of the amount by which the unpaid Monthly Rent that rent which would have been earned after from the date time of such termination of this Lease until the time of the award exceeds the amount of the such rental loss that the Tenant proves could have been reasonably avoided avoided; plus ("Worth at iii) the time of award" shall be computed at the Interest Rate, or the maximum rate permitted by law, from the first day a breach occurs); 24.4.3 The worth at the time of award of the amount by which the unpaid Monthly Rent rent for the balance of the Term after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided avoided; plus ("Worth iv) any other amount necessary to compensate Landlord for all the actual and consequential damages proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. As used in Subsections (A)(i) and (ii) above, the “worth at the time of award" shall be ” is computed by allowing interest at the Remedy Rate. As used in Subsection (A) (iii) above, the “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)); 24.4.4 Any other amount necessary to compensate Landlord for all the, detriment proximately caused by Tenants failure to perform its obligations . All amounts owing under this Subsection which are not paid when due shall bear interest at the Lease or which in Remedy Rate from the ordinary course of events would date owing until paid and such interest shall be likely to result therefrom including, but not limited to, expenses of reletting, attorneys fees, costs of alterations and repairs, recording fees, filing fees, and any other expense customarily resulting from obtaining possession of leased Premises and releasing; and 24.4.5 At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California lawcompounded monthly.

Appears in 1 contract

Samples: Office Space Lease (Mellanox Technologies, Ltd.)

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