Common use of Termination of Lease and Damages Clause in Contracts

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annum.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Annual Rent, Additional Rent Occupancy Costs and other sums Other Charges which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Annual Rent, Additional Rent Occupancy Costs and other amounts Other Charges would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord’s option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Annual Rent, Occupancy Costs and Other Charges for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 19.01), plus any other sum of money and damages owed by Tenant to Landlord during any free rent period under for events or actions occurring prior to the Lease termination date; plus (ii) the present value at the time of termination (calculated at the Prime Rate of the Xxxxx Fargo Denver, N.A. or its successor on the termination date) of the amount, if any, by which (A) the aggregate of the Basic Annual Rent, Additional Rent Occupancy Costs, and all other sums Other Charges payable by Tenant hereunder under this Lease that would have accrued for the balance the Term after termination (with respect to Occupancy Costs, such aggregate will be calculated by assuming that Occupancy Costs for the Fiscal Year in which termination occurs and for each subsequent Fiscal Year remaining in the Term of this Lease had not been terminated will increase by 8% per year over the amount of Occupancy Costs for the prior Fiscal Year), exceeds (B) the amount of such Annual Rent, Occupancy Costs and Other Charges which Landlord will receive for the remainder of the Lease Term, over (b) the aggregate rental value Term from any reletting of the Demised Premises occurring prior to the date of the award, or if the Premises have not been re let prior to the date of the award the amount, if any, of such Annual Rent, Occupancy Costs and Other Charges which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of Rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to new tenant; plus (iii) interest on the amount described in (ii) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 19.01.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, ' and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would wo­uld have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at a rate that is one percentage point per annum less than the rate "Prime Rate" (as hereinafter defined) in effect on the first day of eight percent (8%) per annumthe calendar year in which the Default by Tenant occurred.

Termination of Lease and Damages. In the event of a Default by TenantTenant and expiration of any applicable cure period, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over less (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annumthen applicable federal rate.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent and other amounts Rent would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum whichequal to (1) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the termination date; plus (2) the present value at the time of such termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of this Lease, represents New York on the excesstermination date) of the amount, if any, of by which (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (iiA) the aggregate of the Basic Base Rent, Additional Rent and all other sums Rent payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which termination occurs and for each subsequent calendar year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), over exceeds (bB) the aggregate rental value amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 3.5.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent and other amounts Rent would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord’s option, Landlord shall will be entitled to recover forthwith from Tenant, as liquidated damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to the date of the award at 18% per annum), plus any other sum of money and damages owed by Tenant to Landlord during any free rent period under for events or actions occurring prior to the Lease termination date; plus (ii) the present value at the time of termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the termination date) of the amount, if any, by which (A) the aggregate of the Basic Base Rent, Additional Rent and all other sums Rent payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which termination occurs and for each subsequent calendar year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), over exceeds (bB) the aggregate rental value amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the termination date to the date of the award at the rate of eight percent (8%) 18% per annum.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums amount which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts amount would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Rent, Additional Rent and other amount for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to Landlord during the date of the award at the rate described in Section 4.5), plus any free rent period under other sum of money and damages owed by Tenant to landlord for events or actions occurring prior to the Lease termination date; plus (ii) the present value at the time of termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the termination date) of the amount, if any, by which (A) the aggregate of the Basic Rent, Additional Rent and all other sums amount payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the Fiscal Year in which termination occurs and for each subsequent Fiscal Year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Expenses and Taxes for the prior Fiscal Year), over exceeds (bB) the aggregate rental value amount of such Rent, Additional Rent and other amount which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent, Additional Rent and other amount which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 4.5.

Termination of Lease and Damages. In the event Upon an Event of a Default by TenantDefault, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if it such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other Rent and sums which would have been owing by Tenant hereunder for the balance of the Lease Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent and other Rent and amounts would have been payable if this Lease had and not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the present value of the excess, if any, any of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Base Rent, Additional Rent and all other Rent and sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over Term (b) such aggregate shall be calculated by assuming that the aggregate rental value monthly installment of Additional Rent due for the Demised Premises month in which termination occurs shall remain the same for the balance of the Calendar Year in which termination occurs and that the total amount of Additional Rent payable for the succeeding Calendar Years remaining in the Term if this Lease Term, both discounted to present worth at the rate of had not been terminated shall increase by eight percent (8%) per annumCalendar Year over the amount of Additional Rent payable for the Calendar Year in which termination occurs), over (b) the amount, if any, of such Base Rent, Additional Rent and other Rent and sums which Tenant establishes Landlord can reasonably expect to recover by reletting the Premises for the remainder of the Term, taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord might incur in leasing the Premises to a new tenant plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the date of termination. Such present value shall be calculated at the rate commonly called the discount rate for ninety (90)-day commercial paper in effect at the Federal Reserve Bank of Chicago on the date of termination of this Lease.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s expenses in connection with such recovery of possession or reletting, which expenses shall be reasonably allocated if the term of the reletting extends beyond the remaining Lease Term. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annum.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's reasonable expenses actually incurred in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent and other amounts Rent would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to Landlord during the date of the award at the rate described in Section 4.4), plus any free rent period under other sum of money and damages owed by Tenant to landlord for events or actions occurring prior to the Lease termination date; plus (ii) the aggregate present value at the time of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over termination (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth calculated at the rate of eight percent (8%) per annum) of the amount, if any, by which (A) the aggregate of the Base Rent, Additional Rent and all other Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the Fiscal Year in which termination occurs and for each subsequent Fiscal Year remaining in the Term if this Lease had not been terminated will increase by six percent (6%) per year over the amount of Expenses and Taxes for the prior Fiscal Year), exceeds (B) the amount of such base rent, additional rent and other rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such base rent, additional rent and other rent which could reasonably be recovered by reletting the Premises at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant (with such tenant improvement, rent abatement and commission costs being amortized on a straight line basis over the term of such new lease); plus (iii) interest on the amount described in (ii) above from the termination date to the date of the award at the rate described in Section 4.4.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which that would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s reasonable expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from from. Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum whichthat, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annummen applicable federal rate.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Expenses, Additional Rent and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Expenses, Additional Rent and other amounts Rent would have been payable if this Lease had and not been terminated. Alternatively, at the option of Landlord’s option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Base Rent, Expenses, Additional Rent and other Rent for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord during any free rent period under for events or actions occurring prior to the Lease termination date; plus (ii) the present value at the time of termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the termination date) of the amount, if any, by which (A) the aggregate of the Basic Base Rent, Expenses, Additional Rent and all other sums Rent payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which termination occurs and for each subsequent calendar year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), over exceeds (bB) the aggregate rental value amount of such Base Rent, Expenses, Additional Rent and other Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Expenses, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 3.5.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may may, at Lxxxxxxx’s option, terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all of Landlord’s expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Base Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annumthen applicable federal rate.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent Taxes, Common Area Expenses and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional such Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord’s option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum whichequal to (1) all unpaid Base Rent, Common Area Expenses, Taxes and other Rent for any period prior to the termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the termination date; plus (2) the present value at the time of such termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of this Lease, represents New York on the excesstermination date) of the amount, if any, of by which (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (iiA) the aggregate of the Basic Rent, Additional such Rent and all other sums payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Common Area Expenses and Taxes, such aggregate will be calculated by assuming that Common Area Expenses and Taxes for the calendar year in which termination occurs and for each subsequent calendar year remaining in the Term if this Lease Termhad not been terminated will increase by 4% per year over the amount of Common Area Expenses and Taxes for the prior calendar year), over exceeds (bB) the aggregate rental value amount of such Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 3.5.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent Tenant's Share of Common Area Expenses and Taxes, and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional such Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum whichequal to (1) all unpaid Base Rent, Tenant's Share of Common Area Expenses and Taxes, and other Rent for any period prior to the termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the termination date; plus (2) the present value at the time of such termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of this Lease, represents New York on the excesstermination date) of the amount, if any, of by which (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (iiA) the aggregate of the Basic Rent, Additional such Rent and all other sums payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Common Area Expenses and Taxes, such aggregate will be calculated by assuming that Common Area Expenses and Taxes for the calendar year in which termination occurs and for each subsequent calendar year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Common Area Expenses and Taxes for the prior calendar year), over exceeds (bB) the aggregate rental value amount of such Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 3.5.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent and other amounts Rent would have been payable if this Lease and had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord during any free rent period under for events or actions occurring prior to the Lease termination date; plus (ii) the present value at the time of termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the termination date) of the amount, if any, by which (A) the aggregate of the Basic Base Rent, Additional Rent and all other sums Rent payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which termination occurs and for each subsequent calendar year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), over exceeds (bB) the aggregate rental value amount of the Demised Premises such Base Rent, Additional Rent and other Rent which Landlord will receive for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annum.remainder of

Termination of Lease and Damages. In the event of a -------------------------------- Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) immediately recover possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, termination after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this the Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) 100% per annum.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent and other amounts Rent would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 4.5), plus any other sum of money and damages owed by Tenant to Landlord during any free rent period under for events or actions occurring prior to the Lease termination date; plus (ii) the present value at the time of termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the termination date) of the amount, if any, by which (A) the aggregate of the Basic Base Rent, Additional Rent and all other sums Rent payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the Fiscal Year in which termination occurs and for each subsequent Fiscal Year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Expenses and Taxes for the prior Fiscal Year), over exceeds (bB) the aggregate rental value amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at their rental value in either case taking into consideration loss of rent while finding a new tenant, both discounted tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 4.5.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises Premises, for the balance of the Lease Term, both discounted to present worth at the rate of eight nine percent (89%) per annum.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which that would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s reasonable expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum whichthat, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annumthen applicable federal rate.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annumthen applicable federal rate.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent Taxes, Landlord's Premises Expenses and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional such Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum whichequal to (1) all unpaid Base Rent, Landlord's Premises Expenses, Taxes and other Rent for any period prior to the termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the termination date; plus (2) the present value at the time of such termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of this Lease, represents New York on the excesstermination date) of the amount, if any, of by which (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (iiA) the aggregate of the Basic Rent, Additional such Rent and all other sums payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Landlord's Premises Expenses and Taxes, such aggregate will be calculated by assuming that Landlord's Premises Expenses and Taxes for the calendar year in which termination occurs and for each subsequent calendar year remaining, in the Term if this Lease Termhad not been terminated will increase by 4% per year over the amount of Landlord's Premises Expenses and Taxes for the prior calendar year), over exceeds (bB) the aggregate rental value amount of such Rent which Landlord will receive for the remainder of the Demised Term from any relenting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing, brokers' commissions and other costs which Landlord has incurred or might incur in leasing, the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the termination date to the date of the award at the rate of eight percent (8%) per annum.described in Section 3.5. 19

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent Operating Expenses and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional such Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord’s option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum whichequal to (1) all unpaid Base Rent, Operating Expenses and other Rent for any period prior to the termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 3.4), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the termination date; plus (2) the present value at the time of such termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of this Lease, represents New York on the excesstermination date) of the amount, if any, of by which (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (iiA) the aggregate of the Basic Rent, Additional such Rent and all other sums payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Operating Expenses, such aggregate will be calculated by assuming that Operating Expenses for the calendar year in which termination occurs and for each subsequent calendar year remaining in the Term if this Lease Termhad not been terminated will increase by 3% per year over the amount of Operating Expenses for the prior calendar year), over exceeds (bB) the aggregate rental value amount of such Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 3.4. Landlord hereby acknowledges, however, that Landlord shall attempt to mitigate its damages to the extent required by applicable Laws.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent and other amounts Rent would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 4.5), plus any other sum of money and damages owed by Tenant to Landlord during any free rent period under for events or actions occurring prior to the Lease termination date; plus (ii) the present value at the time of termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the termination date) of the amount, if any, by which (A) the aggregate of the Basic Base Rent, Additional Rent and all other sums Rent payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the Fiscal Year in which termination occurs and for each subsequent Fiscal Year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Expenses and Taxes for the prior Fiscal Year), over exceeds (bB) the aggregate rental value amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm at the then-current fair rental value, both discounted in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to present worth secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 4.5.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall will remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Base Rent, Additional Rent and other sums Rent which would have been owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's expenses in connection with such recovery of possession or reletting. Landlord shall will be entitled to collect and receive such damages from Tenant on the days on which the Basic Base Rent, Additional Rent Rent, and other amounts would Rent could have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord's option, Landlord shall will be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the Basic Rent that was not paid termination date of this Lease (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord during any free rent period under for events or actions occurring prior to the Lease termination date; plus (ii) the present value at the time of termination (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the termination date) of the amount, if any, by which (A) the aggregate of the Basic Base Rent, Additional Rent and all other sums Rent payable by Tenant hereunder under this Lease that would have accrued for the balance of the Term after termination (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which termination occurs and for each subsequent calendar year remaining in the Term if this Lease Termhad not been terminated will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), over exceeds (bB) the aggregate rental value amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Demised Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the balance remainder of the Lease TermTerm of the then-current fair rental value, both discounted in either case taking into consideration loss of Rent while finding a new Tenant, Tenant improvements and Rent abatements necessary to present worth secure a new Tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new Tenant; plus (iii) interest on the amount described in (ii) above from the termination date to the date of the award at the rate of eight percent (8%) per annumdescribed in Section 3.5.

Termination of Lease and Damages. In the event of a Default by Tenant, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's reasonable expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) % per annum.

Termination of Lease and Damages. In the event of a Default by Tenantdefault, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, and if such demand is refused, recover,) recover possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent all Rental and other sums which that would have been be owing by Tenant hereunder for the balance of the Lease Term, Term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all of Landlord’s 's reasonable expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent Base Rental and other amounts Rental would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, which represents the then excess, if any, of (a) (i) the Basic Rent that was not paid aggregate amount of the Rental due and reserved hereunder from the date of Tenant's default to Landlord during any free rent period under the Lease plus expiration date of the fully stated term hereof over (ii) the aggregate of amount, if any, Tenant establishes Landlord can reasonably expect to recover by reletting the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance remainder of the Term as reduced by the estimated cost of terminating this Lease Termand entering, both discounted securing and reletting the Premises, including reasonable attorneys' fees, commissions, alterations and repair costs, plus any other damages owed by Tenant to present worth at Landlord for events or actions occurring prior to the rate date of eight percent (8%) per annumtermination.

Termination of Lease and Damages. In the event of a Default by Tenant-------------------------------------- Tenant THAT IS NOT CURED WITHIN THE APPLICABLE CURE PERIOD(S) PROVIDED IN THIS LEASE, Landlord may terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Demised Premises from Tenant. Tenant shall remain liable to Landlord for damages in an amount equal to (a) the Basic Rent that was not paid to Landlord during any free rent period under the Lease and (b) the Basic Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the Lease Termterm, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Demised Premises by Landlord subsequent to such termination, after deducting all Landlord’s 's REASONABLE expenses in connection with such recovery of possession or reletting. Landlord shall be entitled to collect and receive such damages from Tenant on the days on which the Basic Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) (i) the Basic Rent that was not paid to Landlord during any free rent period under the Lease plus (ii) the aggregate of the Basic Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Demised Premises for the balance of the Lease Term, both discounted to present worth at the rate of eight percent (8%) per annumthen applicable federal rate.