Common use of Termination Damages Clause in Contracts

Termination Damages. In the event of any such termination, Landlord, thereupon or at any time thereafter, at its election and with or without notice, may terminate this Lease or Tenant's rights to possession of the Premises without terminating this Lease, or, without prejudice to its rights to terminate this Lease or Tenant's rights to possession of the Premises, take any other action available to Landlord, all without such termination of this Lease or Tenant's rights to possession of the Premises in any manner affecting Landlord's rights for recovery of past due or future rents or other obligations of Tenant hereunder. Upon the termination of this Lease or Tenant's right to possession hereunder, Landlord may re-enter the Premises with or without process of law using such force as may be necessary and remove all persons, fixtures, equipment, stock, merchandise and other chattels therefrom and Landlord shall not be liable for damages or otherwise by reason of such re-entry or termination of this Lease or of Tenant's possession of the Premises. Upon termination of either the Lease or Tenant's right to possession, Landlord shall be entitled to recover either (i) from time to time, as liquidated damages, an amount equal to the Rent for the said balance of the term less the amount of any rental obtained from any other tenant for the said balance of the term of (ii) as liquidated damages, the difference between the Rent for the balance of the term and the fair market rental value of the Premises for the balance of the term. Upon and after entry into possession, without termination of this Lease, Landlord shall use its best efforts to re-let the Premises or any part thereof for the account of Tenant for such rent, for such time and upon such terms as Landlord in Landlord's sole discretion shall determine. Tenant shall pay upon demand, all of the Landlord's costs, charges and expenses, including fees of counsel, agents and others retained by Landlord, incurred in enforcing Tenant's obligations hereunder or incurred by Landlord in any litigation, negotiation or transaction to interpret or construe this Lease or to determine or establish the rights or obligations of Landlord or Tenant hereunder or in which Tenant causes the Landlord, without the Landlord's fault, to become involved and concerned.

Termination Damages. In the event of any such termination, Landlord, thereupon or at any time thereafter, at its election and with or without notice, may terminate this Lease or Tenant's ’s rights to possession of the Premises without terminating this Lease, or, without prejudice to its rights to terminate this Lease or Tenant's ’s rights to possession of the Premises, take any other action available to Landlord, all without such termination of this Lease or Tenant's ’s rights to possession of the Premises in any manner affecting Landlord's ’s rights for recovery of past due or future rents or other obligations of Tenant hereunder. Upon the termination of this Lease or Tenant's ’s right to possession hereunder, Landlord may re-enter the Premises with or without process of law using such force as may be necessary and remove all persons, fixtures, equipment, stock, merchandise and other chattels therefrom and Landlord shall not be liable for damages or otherwise by reason of such re-entry or termination of this Lease or of Tenant's ’s possession of the Premises. Upon termination of either the Lease or Tenant's ’s right to possession, Landlord shall be entitled to recover either (i) from time to time, as liquidated damages, an amount equal to the Rent for the said balance of the term less the amount of any rental obtained from any other tenant for the said balance of the term of (ii) as liquidated damages, the difference between the Rent for the balance of the term and the fair market rental value of the Premises for the balance of the term. Upon and after entry into possession, without termination of this Lease, Landlord shall use its best efforts to re-let the Premises or any part thereof for the account of Tenant for such rent, for such time and upon such terms as Landlord in Landlord's ’s sole discretion shall determine. Tenant shall pay upon demand, all of the Landlord's ’s costs, charges and expenses, including fees of counsel, agents and others retained by Landlord, incurred in enforcing Tenant's ’s obligations hereunder or incurred by Landlord in any litigation, negotiation or transaction to interpret or construe this Lease or to determine or establish the rights or obligations of Landlord or Tenant hereunder or in which Tenant causes the Landlord, without the Landlord's ’s fault, to become involved and concerned. Notwithstanding the foregoing, Landlord shall, under no circumstances, have the right to accelerate rent in the event Landlord terminates this Lease or otherwise denies Tenant possession of the Premises.

Termination Damages. In addition to any other remedy available to the event Owner at law or in equity, all of any such terminationwhich other remedies are reserved unto the Owner, Landlord, thereupon or at any time thereafter, at its election and with or without notice, may the Owner shall have the right to immediately terminate this Lease or the Tenant's rights ’s right to possession of the Premises without terminating and/or this Lease and all rights of the Tenant hereunder by delivering a written notice of termination to the Tenant. In the event that the Owner elects to so terminate such possession and/or this Lease, or, without prejudice such election shall constitute the election by the Owner to its rights to terminate accelerate all future rents payable under this Lease or Tenant's rights to possession of be immediately due and payable and the Premises, take any other action available to Landlord, all without such termination of this Lease or Tenant's rights to possession of Owner shall have the Premises in any manner affecting Landlord's rights for recovery of past due or future rents or other obligations of Tenant hereunder. Upon the termination of this Lease or Tenant's right to possession hereunder, Landlord may re-enter recover from the Premises with or without process of law using such force as may be necessary and remove all persons, fixtures, equipment, stock, merchandise and other chattels therefrom and Landlord shall not be liable for damages or otherwise by reason of such re-entry or termination of this Lease or of Tenant's possession of Tenant the Premises. Upon termination of either the Lease or Tenant's right to possession, Landlord shall be entitled to recover either following: (i) from The worth at the time to time, as liquidated damages, an amount equal to of award of any unpaid rent which has been earned at the Rent for time of such termination; plus (ii) The worth at the said balance time of award of the term less amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of any such rental obtained from any other tenant for loss the said balance Tenant proves could have reasonably been avoided; plus (iii) The worth at the time of award of the term of (ii) as liquidated damages, amount by which the difference between the Rent unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Tenant proves could have reasonably been avoided; plus (iv) Commercially reasonable expenses in connection with such termination. The term “rent” as used herein shall be deemed to be the Annual Base Rent, additional rent and all other sums required to be paid by the fair market rental value Tenant pursuant to the terms of this Lease. As used in subparagraphs (i), (ii) and (iii), above, the “worth at the time of award” shall be determined by allowing interest or discounting, as the case may be, at the rate equal to the discount rate of the Premises for Federal Reserve Bank of San Francisco at the balance time of the termaward. Upon and after entry into possession, without A termination of this Lease, Landlord Lease under this Section shall use its best efforts to re-let not release or discharge the Premises or Tenant from any part thereof for the account of Tenant for such rent, for such time and upon such terms as Landlord in Landlord's sole discretion obligation under this Lease but shall determine. Tenant shall pay upon demand, all constitute only a termination of the Landlord's costsright of the Tenant to possess and occupy the Premises, charges and expenses, including fees unless otherwise specifically stated by the Owner in writing at the time of counsel, agents and others retained by Landlord, incurred in enforcing Tenant's obligations hereunder or incurred by Landlord in any litigation, negotiation or transaction to interpret or construe this Lease or to determine or establish the rights or obligations of Landlord or Tenant hereunder or in which Tenant causes the Landlord, without the Landlord's fault, to become involved and concernedsuch termination.