Common use of Termination and Damages Clause in Contracts

Termination and Damages. In the event of any Default by Tenant, then in addition to any other remedies available to Landlord herein or at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: (a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; and (e) 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 the applicable law in the state in which the Leased Premises are located. The parties hereby agree and acknowledge that, in the event of Default by Tenant within the first three (3) years of the Initial Term for the Initial Premises, the amount of damages may include the amount of the brokerage commission paid to the Broker pursuant to Section 39.21 below; provided, however, that the total amount of the brokerage commission to be included in damages shall be automatically reduced by one-third for each year. By way of example, if Tenant Defaults in the second year of the Initial Term for the Initial Premises then sixty-six and six-tenths percent (66.6%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages, and if Tenant Defaults in the third year of the Initial Term for the Initial Premises, then thirty-three and three-tenths percent (33.3%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages.

Termination and Damages. In the event of any Default default by Tenant, then in addition to any other remedies available to Landlord landlord herein or at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect to so terminate this Lease, then Landlord may shall be entitled to recover damages from TenantTenant as provided in California Civil Code Section 1951.2 or any other applicable existing or future laws providing for recover of damages for such breach, including but not limited to the following: (a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; and (e) 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 the applicable law in the state in which the Leased Premises are located. The parties hereby agree and acknowledge that, in the event of Default by Tenant within the first three (3) years of the Initial Term for the Initial Premises, the amount of damages may include the amount of the brokerage commission paid to the Broker pursuant to Section 39.21 below; provided, however, that the total amount of the brokerage commission to be included in damages shall be automatically reduced by one-third for each year. By way of example, if Tenant Defaults in the second year of the Initial Term for the Initial Premises then sixty-six and six-tenths percent (66.6%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages, and if Tenant Defaults in the third year of the Initial Term for the Initial Premises, then thirty-three and three-tenths percent (33.3%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages.

Termination and Damages. In the event of any Default by TenantTenant default, then in addition to any other remedies available to Landlord herein or at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice Notice of such intention to terminate. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: (a) The worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus (b) The worth at the time of award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental Rent loss Tenant proves could have been reasonably avoided. As used in subsections 25.1(a) and (b) the “worth at the time of award” is computed by including interest at ten percent per annum; plus (c) The worth at the time of award (computed by discounting such amount at the discount rate at the time of award of the Federal Reserve Bank for the State plus one percent) of the amount by which the unpaid rent Rent for the balance of the Term term after the time of award exceeds the amount of such rental Rent loss that Tenant proves could be reasonably avoided; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefromLease; and (e) 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 the applicable law in the state in which the Leased Premises are located. The parties hereby agree and acknowledge that, in the event of Default by Tenant within the first three (3) years of the Initial Term for the Initial Premises, the amount of damages may include the amount of the brokerage commission paid to the Broker pursuant to Section 39.21 below; provided, however, that the total amount of the brokerage commission to be included in damages shall be automatically reduced by one-third for each year. By way of example, if Tenant Defaults in the second year of the Initial Term for the Initial Premises then sixty-six and six-tenths percent (66.6%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages, and if Tenant Defaults in the third year of the Initial Term for the Initial Premises, then thirty-three and three-tenths percent (33.3%) of the total brokerage commission paid by Landlord shall be included in the calculation of damagesState law.

Termination and Damages. In the event of any Default by TenantTenant default (after written Notice and the expiration of the applicable cure period under Section 24.1 above), then in addition to any other remedies available to Landlord herein or at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice Notice of such intention to terminate. In the event that If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:: Landlord’s Initials (a) The worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus (b) The worth at the time of award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental Rent loss Tenant proves could have been reasonably avoided. As used in subsections 25.1(a) and (b) the “worth at the time of award” is computed by including interest at ten percent per annum; plus (c) The worth at the time of award (computed by discounting such amount at the discount rate at the time of award of the Federal Reserve Bank for the State plus one percent) of the amount by which the unpaid rent Rent for the balance of the Term term after the time of award exceeds the amount of such rental Rent loss that Tenant proves could be reasonably avoided; plus (d) Any other amount reasonably necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefromLease; and (e) 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 the applicable law in the state in which the Leased Premises are located. The parties hereby agree and acknowledge that, in the event of Default by Tenant within the first three (3) years of the Initial Term for the Initial Premises, the amount of damages may include the amount of the brokerage commission paid to the Broker pursuant to Section 39.21 below; provided, however, that the total amount of the brokerage commission to be included in damages shall be automatically reduced by one-third for each year. By way of example, if Tenant Defaults in the second year of the Initial Term for the Initial Premises then sixty-six and six-tenths percent (66.6%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages, and if Tenant Defaults in the third year of the Initial Term for the Initial Premises, then thirty-three and three-tenths percent (33.3%) of the total brokerage commission paid by Landlord shall be included in the calculation of damagesState law.

Termination and Damages. In Upon the event occurrence of any Default by TenantEvent of Default, then in addition to any other remedies available to Landlord herein or at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect to so terminate this Lease, then Landlord may shall be entitled to recover damages from TenantTenant as provided in California Civil Code Section 1951.2 or any other applicable existing or future laws providing for recovery of damages for such breach, including but not limited to the following: (a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The plus the worth at the time of award of the amount by which the unpaid rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (dc) Any other amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; and (ed) 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 the applicable law in the state in which the Leased Premises are located. The parties hereby agree As used in subsections 12.2 (a) and acknowledge that(b) above, the “worth at the time of award” is computed by allowing interest at the rate of ten percent (10%) per annum. As used in subsection 12.2(c) above, the event “worth at the time of Default award” is computed by Tenant within discounting such amount at the first three (3) years discount rate of the Initial Term Federal Reserve Bank for the Initial Premises, region in which the amount Building is located at the time of damages may include the amount of the brokerage commission paid to the Broker pursuant to Section 39.21 below; provided, however, that the total amount of the brokerage commission to be included in damages shall be automatically reduced by one-third for each year. By way of example, if Tenant Defaults in the second year of the Initial Term for the Initial Premises then sixty-six and six-tenths award plus one percent (66.61%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages, and if Tenant Defaults in the third year of the Initial Term for the Initial Premises, then thirty-three and three-tenths percent (33.3%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages).