Common use of Termination of Lease Clause in Contracts

Termination of Lease. Landlord can terminate Tenant’s right to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to recover from Tenant: a. The worth, at the time of the award, of the unpaid Rent that had been earned at the time of termination of this Lease; b. The worth, at the time of the award, of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; c. The worth, at the time of the award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s Default. “The worth, at the time of the award,” as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.

Appears in 6 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

AutoNDA by SimpleDocs

Termination of Lease. Landlord can terminate this Lease and Tenant’s 's right to possession of the PremisesPremises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving Notice written notice to Tenant of such termination shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On Upon termination, Landlord has the right to recover from all damages incurred by Landlord as a result of Tenant's default, including: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default's default, including, but not limited to (i) expenses for cleaning, repairing or restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers' fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises, such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys' fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease, and (viii) payment of any previously waived or abated Minimum Monthly Rent and/or Additional Rent; plus (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 under applicable law. “The worthAs used in paragraphs (a) and (b) above, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, is to " shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. “The worthAs used in paragraph (c) above, the "worth at the time of the award,” as referred to in “c” of this paragraph, is to " shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 3 contracts

Samples: Standard Industrial Net Lease (Mitokor), Standard Industrial Net Lease (Avanir Pharmaceuticals), Standard Industrial Net Lease (Mitokor)

Termination of Lease. Landlord can terminate Tenant’s right to possession of the Premises. No act Terminate this Lease by Landlord other than giving Notice to Tenant written notice thereof, in which event Tenant shall immediately surrender the Premises to Landlord. In the event that Landlord shall elect to so terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, then Landlord has the right to may recover from Tenant: a. (i) The worth, worth at the time of the award, award of the any unpaid Rent that which had been earned at the time of termination of this Lease;such termination; plus b. (ii) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such Rent loss of Rent that Tenant proves reasonably could have been reasonably avoided;; plus c. (iii) The worth, worth at the time of the award, 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 the such Rent loss of Rent that Tenant proves reasonably could have been reasonably be avoided; andplus d. (iv) Any other amount, and court costs, amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s Defaultfailure to perform its obligations under this Lease or which in the ordinary course would be likely to result therefrom, including all amounts due under Section 19(a); plus (v) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. As used in subparagraphs (i) and (ii) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanDefault Rate. As used in subparagraph (iii) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%). Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease.

Appears in 3 contracts

Samples: Industrial Lease Agreement (Heritage Global Inc.), Industrial Lease Agreement (Parametric Sound Corp), Office Lease Agreement (Guidewire Software, Inc.)

Termination of Lease. Landlord can terminate this Lease and Tenant’s right to possession of the PremisesPremises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving Notice written notice to Tenant of such termination shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On Upon termination, Landlord has the right to recover from all damages incurred by Landlord as a result of Tenant’s default, including: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date xxxx of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default. default, including, but not limited to (i) expenses for cleaning, repairing or restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises, such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys’ fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease, and (viii) payment of any previously waived or abated Minimum Monthly Rent and/or Additional Rent: plus (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 under applicable law, As used in paragraphs (a) and (b) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. As used in paragraph (c) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Sophiris Bio Inc.), Lease Agreement (Sophiris Bio Inc.)

Termination of Lease. Landlord can may terminate Tenant’s right to possession of 's interest under the Premises. No Lease, but no act by Landlord other than giving Notice notice of termination from Landlord to Tenant shall terminate this Lease. Acts The Lease shall terminate on the date specified in the notice of maintenancetermination. Upon termination of this Lease, efforts Tenant will remain liable to relet Landlord for damages in an amount equal to the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest Rent and other sums that would have been owing by Tenant under this Lease shall not constitute a termination for the balance of Tenant’s right the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to possession. On the termination, after deducting all of Landlord's Reletting Expenses (as defined below). Landlord has shall be entitled to either collect damages from Tenant monthly on the right to days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant: a. The worth, at the time of the award, of the : (i) unpaid Rent that rent which had been earned at the time of termination of this Lease; b. The worth, at the time of the award, of termination; (ii) the amount by which the unpaid Rent that rent which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the rent loss of Rent that Tenant proves could reasonably have been reasonably avoided; c. The worth, at the time of the award, of ; (iii) the amount by which the unpaid Rent rent for the balance of the term of the Lease after the time of award exceeds the amount of the rent loss of Rent that Tenant proves could have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused be avoided (discounting such amount by Tenant’s Default. “The worth, at the time of the award,” as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described in Section 20(b) below.

Appears in 3 contracts

Samples: Acquisition Agreement (CleanTech Biofuels, Inc.), Acquisition Agreement (CleanTech Biofuels, Inc.), Lease Agreement

Termination of Lease. Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord can terminate Tenant’s right may, without prejudice to any other remedy which it may have for possession or arrearages in Rent, enter upon and take possession of the Premises. No act by Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to may recover from TenantTenant the following: a. (1) The worth, worth at the time of the award, award of the any unpaid Rent that had which has been earned at the time of termination of this Lease;such termination; plus b. (2) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided;; plus c. (3) The worth, worth at the time of the award, 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 the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (4) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default. “The worthfailure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, at specifically including but not limited to, brokerage commissions and advertising expenses incurred, expenses of remodeling the time Premises or any portion thereof for a new tenant, whether for the same or a different use, and any special concessions made to obtain a new tenant; and (5) At Landlord’s election, such other amounts in addition to or in lieu of the award,” foregoing as used in “a” and “b” of this paragraph, is may be permitted from time to be computed time by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%applicable Law.

Appears in 3 contracts

Samples: Lease Agreement (Ariba Inc), Lease Agreement (Riverbed Technology, Inc.), Lease Agreement (Earthlink Inc)

Termination of Lease. Should Landlord can terminate Tenant’s right elect to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts Lease pursuant to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On terminationprovisions above, Landlord has the right to may recover from Tenant: a. The worth, as damages, the following: (a) the worth at the time of the award, award of the any unpaid Rent that rental which had been earned at the time of termination of this Lease; b. The worth, the termination; plus rental which had been earned at the time of the award, termination; plus (b) the worth at the time of award of the amount by which the unpaid Rent that rental which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the rental loss of Rent that Tenant proves could have been reasonably avoided; c. The worth, ; plus (c) the worth at the time of the award, award of the amount by which the unpaid Rent rental for the balance of the term Term after the time of award exceeds the amount of the rental loss of Rent that Tenant proves could have been be reasonably avoided; and d. Any plus (d) any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Defaultfailure to perform its obligation under this Lease or which ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys’ fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) any leasing commission, or (v) any other costs necessary or appropriate to relet the Premises.; plus (e) at Landlord’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of California. As used in Subsection (a) and (b) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanlawful rate. As used in Subsections (c) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to be computed by discounting the such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of San Francisco the Mojave Airport at the time of the award, award plus one percent (1%).

Appears in 2 contracts

Samples: Lease Agreement (Social Capital Hedosophia Holdings Corp.), Lease Agreement (Social Capital Hedosophia Holdings Corp.)

Termination of Lease. Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord can terminate Tenant’s right may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises. No act by Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to may recover from TenantTenant the following: a. (1) The worth, worth at the time of the award, award of the any unpaid Rent that had rent which has been earned at the time of termination of this Lease;such termination; plus b. (2) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that rent which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided;; plus c. (3) The worth, worth at the time of the award, award 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 the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (4) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default. “The worthfailure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, at specifically including but not limited to, brokerage commissions and advertising expenses incurred, expenses of remodeling the time Premises or any portion thereof for a new tenant, whether for the same or a different use, and any special concessions made to obtain a new tenant; and (5) At Landlord’s election, such other amounts in addition to or in lieu of the award,” foregoing as used in “a” and “b” of this paragraph, is may be permitted from time to be computed time by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%applicable law.

Appears in 2 contracts

Samples: Lease Agreement (Cleanspark, Inc.), Lease Agreement

Termination of Lease. Terminate this Lease by giving Tenant written notice thereof, in which event Xxxxxx shall immediately surrender the Premises to Landlord. In the event that Landlord can terminate Tenant’s right shall elect to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall so terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, then Landlord has the right to may recover from Tenant: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent that which had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that which would have been earned after the date of such termination of this Lease until the time of award exceeds the amount of the such Rent loss of Rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, 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 the such Rent loss of Rent that Tenant proves could have been be reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s Xxxxxx's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, the cost of recovering possession of the Premises, expenses of reletting (including necessary repair, renovation and alteration of the Premises), reasonable attorneys' fees, and any other reasonable costs; plus (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 Law. AS USED IN CLAUSES (A) AND (B) ABOVE, THE "WORTH AT THE TIME OF AWARD" IS COMPUTED BY ALLOWING INTEREST AT THE DEFAULT RATE. AS USED IN CLAUSE (C) ABOVE, THE "WORTH AT THE TIME OF AWARD" IS COMPUTED BY DISCOUNTING SUCH AMOUNT AT THE DISCOUNT RATE OF THE FEDERAL RESERVE BANK OF SAN FRANCISCO AT THE TIME OF AWARD PLUS ONE PERCENT (1%). Failure by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such Event of Default. “The worthTenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, at the time Xxxxxx's right of occupancy of the award,” as used in “a” and “b” Premises after any termination of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Termination of Lease. Landlord can terminate TenantXxxxxx’s right to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect LandlordXxxxxxxx’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to recover from Tenant: a. The worth, at the time of the award, of the unpaid Rent that had been earned at the time of termination of this Lease; b. The worth, at the time of the award, of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent that Tenant Xxxxxx proves could have been reasonably avoided; c. The worth, at the time of the award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by TenantXxxxxx’s Default. “The worth, at the time of the award,” as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Termination of Lease. Should Landlord can terminate Tenant’s right elect to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts Lease pursuant to the provisions of maintenance, efforts to relet the Premises, subparagraphs (i) or the appointment (iii) of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On terminationSection 13.1, Landlord has the right to may recover from Tenant: a. , as damages, the following: (a) The worth, worth at the time of the award, award of the any unpaid Rent that rental which had been earned at the time of termination of this Lease; b. The worththe termination, plus (b) the worth at the time of the award, award of the amount by which the unpaid Rent that rental which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the rental loss of Rent that Tenant proves could have been reasonably avoided; c. The worth, plus (c) the worth at the time of the award, award of the amount by which the unpaid Rent rental for the balance of the term Term after the time of award exceeds the amount of the rental loss of Rent that Tenant proves could have been be reasonably avoided; and d. Any , plus (d) any other amount, and court costs, amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including, but not limited to, reasonable attorneys' fees and court costs therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including, but not limited to, repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws, statutes, ordinances, rules or regulations of the State of California. “The worthAs used in subparagraphs (a) and (b) of Section 13.2, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, " is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanlawful rate. “The worthAs used in subparagraph (c) of Section 13.2, the "worth at the time of the award,” as referred to in “c” of this paragraph, " is to be computed by discounting the such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of San Francisco the Premises at the time of the award, award plus one percent (1%).

Appears in 2 contracts

Samples: Lease Agreement (Cherokee International Corp), Lease Agreement (Flashcom Inc)

Termination of Lease. Landlord can may terminate Tenant’s right to this Lease and recover possession of the Premises. No act by Once Landlord other than giving Notice to has terminated this Lease, Tenant shall terminate immediately surrender the Premises to Landlord. On termination of this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to may recover from TenantTenant all of the following: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent that had been earned at the time of termination the termination, to be computed by allowing interest at the rate set forth in Article 23 but in no case greater than the maximum amount of this Leaseinterest permitted by law; b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until between the time of the termination and the time of the award exceeds the amount of the loss of unpaid Rent that Tenant proves could reasonably have been reasonably avoided, to be computed by allowing interest at the rate set forth in Section 23.2 but in no case greater than the maximum amount of interest permitted by law; c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent for the balance of the term Lease Term after the time of the award exceeds the amount of the loss of unpaid Rent that Tenant proves could reasonably have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s Default. “The worth, at the time of the award,” as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform obligations under this Lease, including brokerage commissions and advertising expenses, expenses of remodeling the Premises for a new tenant (whether for the same or a different use), and any special concessions made to obtain a new tenant; and (e) Any other amounts, in addition to or in lieu of those listed above, that may be permitted by applicable law.

Appears in 2 contracts

Samples: Office Lease (National Insurance Group /Ca/), Office Lease (National Information Group)

Termination of Lease. Should Landlord can terminate Tenant’s right elect to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts Lease pursuant to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On terminationprovisions above, Landlord has the right to may recover from Tenant: a. The worth, as damages, the following: (a) the worth at the time of the award, award of the any unpaid Rent that rental which had been earned at the time of termination of this Lease; b. The worth, the termination; plus rental which had been earned at the time of the award, termination; plus (b) the worth at the time of award of the amount by which the unpaid Rent that rental which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the rental loss of Rent that Tenant proves could have been reasonably avoided; c. The worth, ; plus (c) the worth at the time of the award, award of the amount by which the unpaid Rent rental for the balance of the term Term after the time of award exceeds the amount of the rental loss of Rent that Tenant proves could have been be reasonably avoided; and d. Any plus (d) any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Defaultfailure to perform its obligation under this Lease or which ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys’ fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) any leasing commission, or (v) any other costs necessary or appropriate to relet the Premises; plus (e) at Landlord’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of California. As used in Subsection (a) and (b) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanlawful rate. As used in Subsections (c) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to be computed by discounting the such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of San Francisco the Mojave Airport at the time of the award, award plus one percent (1%).

Appears in 2 contracts

Samples: Lease Agreement (Social Capital Hedosophia Holdings Corp.), Lease Agreement (Social Capital Hedosophia Holdings Corp.)

Termination of Lease. Landlord can terminate this Lease and Tenant’s 's right to possession of the PremisesPremises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving Notice written notice to Tenant of such termination shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On Upon termination, Landlord has the right to recover from all damages incurred by Landlord as a result of Tenant's default, including: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default's default, including, but not limited to (i) expenses for cleaning, repairing or restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers' fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises, such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys' fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease, and (viii) reimbursement of any previously waived or abated Minimum Monthly Rent and/or Additional Rent; plus (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 under applicable law. “The worthAs used in paragraphs (a) and (b) above, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, is to " shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. “The worthAs used in paragraph (c) above, the "worth at the time of the award,” as referred to in “c” of this paragraph, is to " shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Standard Industrial Net Lease (Avanir Pharmaceuticals)

Termination of Lease. Landlord can may terminate Tenant’s right to this Lease and recover possession of the Premises. No act by Once Landlord other than giving Notice to has terminated this Lease, Tenant shall terminate immediately surrender the Premises to Landlord. On termination of this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to may recover from TenantTenant all of the following: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent that had been earned at the time of termination the termination, to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of this Leaseinterest permitted by law; b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until between the time of the termination and the time of the award exceeds the amount of the loss of unpaid Rent that Tenant proves could reasonably have been reasonably avoided, to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent for the balance of the term Lease Term after the time of the award exceeds the amount of the loss of unpaid Rent that Tenant proves could reasonably have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s Default. “The worth, at the time of the award,” as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform obligations under this Lease, including brokerage commissions and advertising expenses, expenses of remodeling the Premises for a new tenant (whether for the same or a different use), and any special concessions made to obtain a new tenant; and (e) Any other amounts, in addition to or in lieu of those listed above, that may be permitted by applicable law.

Appears in 1 contract

Samples: Office Lease (Quokka Sports Inc)

Termination of Lease. Landlord can terminate Tenant’s right to possession of the Premises. Premises and the Existing FF&E. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to recover from Tenant: a. (i) The worth, at the time of the award, of the unpaid Rent that had been earned at the time of termination of this Lease; b. (ii) The worth, at the time of the award, of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; c. (iii) The worth, at the time of the award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; and d. (iv) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s Default. “The worth, at the time of the award,” as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%. The “balance of the term”, as referred to in “c” of this paragraph, shall be the period beginning on the date of the time of the award and ending on the first date thereafter on which Tenant could have effected the termination of this Lease pursuant to Section 19.9 or Section 19.10.

Appears in 1 contract

Samples: Lease

Termination of Lease. Landlord can shall have the right to terminate Tenant’s 's possession of the Premises upon Tenant's default, with the giving of any notice required by law and otherwise in accordance with the provisions of applicable law, and if Tenant's right to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On terminationPremises is terminated, Landlord has the right shall be entitled to recover from Tenantdamages as follows: a. (1) The worth, worth at the time of the award, award of the all unpaid Rent that had been rent earned at the time of termination of this Leasetermination; b. (2) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that rent which would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the loss of Rent such rent that Tenant proves could have been reasonably avoided; c. (3) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term after the time of the award exceeds the amount of the loss of Rent such rent that Tenant proves could have been reasonably avoided; and; d. Any (4) All other amount, and court costs, amounts due Landlord from Tenant under the terms of this Lease or necessary to compensate Landlord for all detriment proximately caused by Tenant’s Default's failure to perform its obligations under this Lease or which in the ordinary course of things are likely to result therefrom; and (5) At Landlord's election, such other amount in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. The worthright to possession of the Premises by Tenant shall not be deemed terminated until Landlord gives Tenant written notice of such termination. As used in subsections (1) and (2) above, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, " is to be computed by allowing interest at the maximum highest rate an individual is permitted allowed by law to charge on a loanlaw. “The worthAs used in subsection (3) above, the "worth at the time of the award,” as referred to in “c” of this paragraph, " is to be computed by discounting the amount such amount, at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Lease (Cv Therapeutics Inc)

Termination of Lease. Landlord Xxxxxxxx can terminate Tenantthis Lease and Xxxxxx’s right to possession of the PremisesPremises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving Notice written notice to Tenant of such termination shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On Upon termination, Landlord has the right to recover from Tenantall damages incurred by Landlord as a result of Xxxxxx’s default, including: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Defaultdefault, including, but not limited to (i) expenses for cleaning, repairing or restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers’ fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises, such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys’ fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease, and (viii) reimbursement of any previously waived or abated Minimum Monthly Rent, Additional Rent or other charges; plus (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 under applicable law. As used in paragraphs (a) and (b) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. As used in paragraph (c) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Standard Industrial Net Lease (CardioVascular BioTherapeutics, Inc.)

Termination of Lease. Terminate this Lease, in which event Xxxxxx shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord can terminate Tenant’s right may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises. No act by Premises and expel or remove Xxxxxx and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to may recover from Tenant: a. Tenant the following: The worth, worth at the time of the award, award of the any unpaid Rent that had rent which has been earned at the time of termination of this Lease; b. such termination; plus The worth, worth at the time of the award, award of the amount by which the unpaid Rent that rent which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; c. ; plus The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; and d. plus Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx’s Default. “The worthfailure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, at specifically including but not limited to, brokerage commissions and advertising expenses incurred, expenses of remodeling the time Premises or any portion thereof for a new tenant, whether for the same or a different use, and any special concessions made to obtain a new tenant; and At Landlord’s election, such other amounts in addition to or in lieu of the award,” foregoing as used in “a” and “b” of this paragraph, is may be permitted from time to be computed time by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%applicable law.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. In case of an event of Default by Tenant, Landlord can terminate Tenant’s right shall have the right, in addition to possession of the Premises. No act by all other rights available to Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute or now or hereafter permitted by law or in equity, to terminate this Lease by providing Tenant with a termination notice of Tenant’s right to possessiontermination. On Upon termination, Landlord has may recover any damages proximately caused by Tenant's failure to perform under this Lease, or which are likely in the right ordinary course of business to be incurred, including any amount expended or to be expended by Landlord in an effort to mitigate damages, as well as any other damages which Landlord is entitled to recover from Tenantunder any statute now or hereafter in effect. Landlord's damages include, without limitation, the following: a. The worth, (1) the worth at the time of the award, award of the any unpaid Rent that which had been earned at the time of termination of this Leasetermination; b. The worth, (2) the worth at the time of the award, award of the amount by which the unpaid Rent that which would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the loss of such Rent that Tenant proves could have been reasonably avoided;; and c. The worth, (3) the worth at the time of the award, award of the amount by which the unpaid Rent for the balance of the term after the time of the award exceeds the amount of the loss of such Rent that Tenant proves could have been reasonably avoided; and d. Any other amount. As used in subparagraphs (1) and (2) above, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s Default. “The worth, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, is to " shall be computed determined by allowing interest at the maximum rate an individual is of interest permitted by law to charge on a loanapplicable law. “The worthAs used in subparagraph (3), the "worth at the time of the award,” as referred to in “c” of this paragraph, is to " shall be computed determined by discounting the to present value such amount at one percent (1%) more than the discount rate of the Federal Reserve Bank of in San Francisco in effect at the time of the award, plus 1%.

Appears in 1 contract

Samples: Lease Agreement (3dfx Interactive Inc)

Termination of Lease. Sub-Landlord can terminate this Sublease and Sub-Tenant’s right to possession of the PremisesSub-Premises by giving written notice of termination, and then re-enter the Sub-Premises and take possession thereof. No act by Sub-Landlord other than giving Notice written notice to Sub-Tenant of such termination shall terminate this LeaseSublease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On Upon termination, Sub-Landlord has the right to recover from all damages incurred by Sub-Landlord as a result of Sub-Tenant’s default, including: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Sub-Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Sub-Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Sub-Landlord for all the detriment proximately caused by Sub-Tenant’s Defaultdefault, including, but not limited to (i) expenses for cleaning, repairing or restoring the Sub-Premises, (ii) expenses for altering, remodeling or otherwise improving the Sub-Premises for the purpose of reletting, (iii) brokers’ fees and commissions, advertising costs and other expenses of reletting the Sub-Premises, (iv) costs of carrying the Sub-Premises, such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Sub-Premises, (vi) attorneys’ fees and costs, (vii) any unearned brokerage commissions paid in connection with this Sublease, and (viii) payment of any previously waived or abated Minimum Monthly Rent and/or Additional Rent; plus (e) At Sub-Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under applicable law. As used in paragraphs (a) and (b) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. As used in paragraph (c) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Sub Lease Agreement (Molecular Imaging Corp)

Termination of Lease. Landlord can Lessor shall have the remedy described in California Civil Code Section 1951.2. Lessor may terminate Tenant’s right this Lease by written notice given at any time to possession of the PremisesLessee following any default by Lessee. No act by Landlord other than giving Notice Should Lessor so elect to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease Lessor shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to recover from TenantLessee: a. (A) The worth, at the time of the award, of the unpaid Rent that which had been earned at the time of termination of this Leasetermination; b. (B) The worth, at the time of the award, of the amount by which the unpaid Rent that which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such rental loss of Rent that Tenant Lessee proves could have been reasonably avoided; c. (C) The worth, worth at the time of the award, award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the such rental loss of Rent that Tenant Lessee proves could have been be reasonably avoided; and d. (D) Any other amount, and court costs, amount necessary to compensate Landlord Lessor for all the detriment proximately caused by Tenant’s Defaultthe failure of Lessee to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorneys’ fees, and that portion of the leasing commission paid by Lessor applicable to the unexpired Term of this Lease. The worth, worth at the time of award of the award,” as used amounts referred to in “a” Paragraphs 20(b)(ii)(A), (B) and “b” of this paragraph, (D) is to be computed by allowing interest at ten percent (10%) per annum, or the maximum rate an individual is permitted by law to charge on a loanlawful rate. The worth, worth at the time of award of the award,” as amount referred to in “c” of this paragraph, Paragraph 20(b)(ii)(C) is to be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus 1one percent (1 %).

Appears in 1 contract

Samples: Lease Agreement (Central Coast Bancorp)

AutoNDA by SimpleDocs

Termination of Lease. Landlord can terminate this Lease and Tenant’s right to possession of the PremisesPremises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving Notice written notice to Tenant of such termination shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On Upon termination, Landlord has the right to recover from all damages incurred by Landlord as a result of Tenant’s default, including: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Defaultdefault, including, but not limited to (i) expenses for cleaning, repairing or restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers’ fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises, such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys’ fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease, and (viii) reimbursement of any previously waived or abated Minimum Monthly Rent and/or Additional Rent; plus (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 under applicable law. As used in paragraphs (a) and (b) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. As used in paragraph (c) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Sublease Agreement (Tenby Pharma Inc)

Termination of Lease. If a Default occurs under Article 15.A, Landlord can terminate Tenant’s shall have the right to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet reenter and repossess the PremisesPremises by detainer suit or other lawful means, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to and recover from Tenant: a. The worth, Tenant as damages a sum of money equal to: (a) the worth at the time of the award, award of the unpaid Rent that which had been earned at the time of termination of this Lease; b. The worth, termination; (b) the worth at the time of the award, award of the amount by which the unpaid Rent that would which world have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the such Rent loss of Rent that Tenant proves could have been reasonably avoided; c. The worth, ; (c) the worth at the time of the award, 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 the such Rent loss of Rent that Tenant proves could have been can reasonably be avoided; and d. Any and (d) any other amount, and court costs, amounts necessary to compensate Landlord for all detriment or damages proximately caused by Tenant’s Default's failure to perform its obligations under this Lease or that in the ordinary course would be likely to result therefrom, including without limitation all Costs of Reletting (as defined in Article 15). For purposes of computing the amount of Rent herein that would have accrued after the time of award, Tenant's obligations for Taxes and Insurance shall be projected based upon the average rate of increase, if any, in such items from the Commencement Date through the time of award. The worth, "worth at the time of award" of the award,” as used amounts referred to in clauses (a) and (b” of this paragraph, is to ) shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanDefault Rate (as defined in Article 31). The worth, "worth at the time of award" of the award,” as amount referred to in paragraph (c” of this paragraph, is to ) shall be computed by discounting the such amount in accordance with accepted financial practice at the discount rate of seven percent (7%) per annum to the Federal Reserve Bank of San Francisco at the time of the award, plus 1%then present value.

Appears in 1 contract

Samples: Single Tenant Net Lease (Maxtor Corp)

Termination of Lease. Landlord can terminate this Lease and Tenant’s 's right to possession of the PremisesPremises by giving written notice of termination. No act by Landlord other than giving Notice written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute such a termination of Tenant’s right to possessiontermination. On termination, Landlord has the right to recover from Tenant: a. The worth, (i) the worth at the time of the award, award of the any unpaid Rent that had rent which has been earned at the time of termination of this Lease;such termination; plus b. The worth, (ii) the worth at the time of the award, award of the amount by which the unpaid Rent that rent which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant proves could have been reasonably avoided;; plus c. The worth, (iii) the worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. Any (iv) any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default's default; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under applicable California law. “The worthAs used in subparagraphs (a)(i) and (a)(ii) above, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, is to " shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. “The worthAs used in subparagraph (a)(iii) above, the "worth at the time of the award,” as referred to in “c” of this paragraph, is to " shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (Equidyne Corp)

Termination of Lease. Landlord can terminate this Lease and Tenant’s 's right to possessixx xx the Premises by giving written notice of termination and then re-enter the Premises and take possession of the Premisesthereof. No act by Landlord other than giving Notice written notice to Tenant of such termination shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a Upon termination of Tenant’s right to possession. On termination, Landlord has the right to recover from all damages incurred by Landlord as a result of Tenant's default, includinx: a. (x) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until of (c) The worth at the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; c. The worth, at the time of the award, of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; andtime d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default's default, includixx, xxt not limited to (i) expenses for cleaning, repairing or restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers' fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises, such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys' fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease, and (viii) payment of any previously waived or abated Minimum Monthly Rent and/or Additional Rent; plus (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 under applicable law. “The worthAs used in paragraphs (a) and (b) above, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, is to " shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. “The worthAs used in paragraph (c) above, the "worth at the time of the award,” as referred to in “c” of this paragraph, is to " shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Standard Industrial Net Lease (Sgi International)

Termination of Lease. Should Landlord can terminate Tenant’s right elect to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts Lease pursuant to the provisions of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On terminationSection 15.2(b), Landlord has the right to may recover from Tenant: a. The worth, as damages, the following: (a) the worth at the time of the award, award of the any unpaid Rent that had rental which has been earned at the time of termination of this Lease; b. The worth, termination; plus (b) the worth at the time of the award, award of the amount by which the unpaid Rent that rental which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the rental loss of Rent that Tenant proves could have been reasonably avoided; c. The worth, ; plus (c) the worth at the time of the award, award of the amount by which the unpaid Rent rental for the balance of the term Term after the time of award exceeds the amount of the rental loss of Rent that Tenant proves could have been be reasonably avoided; and d. Any plus (d) any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default's failure to perform its obligation under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commission, or, (v) any other costs necessary or appropriate to relet the Premises; plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. “The worthAs used in subparagraphs (a) and (b) above, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, " is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanlawful rate. “The worthAs used in subparagraph (c) above, the "worth at the time of the award,” as referred to in “c” of this paragraph, " is to be computed by discounting the such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of San Francisco the Building at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (800 Travel Systems Inc)

Termination of Lease. Landlord can terminate this Lease and Tenant’s right to possession of the PremisesPremises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving Notice written notice to Tenant of such termination shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On Upon termination, Landlord has the right to recover from all damages incurred by Landlord as a result of Tenant’s default, including: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Defaultdefault, including, but not limited to (i) expenses for cleaning, repairing or restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers’ fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises, such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys’ fees and costs, and (vii) any unearned brokerage commissions paid in connection with this Lease; plus (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 under applicable law. As used in paragraphs (a) and (b) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to shall be computed by allowing interest at the maximum permissible legal rate an individual (which currently is permitted by law to charge on a loan10% per annum). As used in paragraph (c) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Office Lease (Evoke Pharma Inc)

Termination of Lease. Landlord can may terminate Tenant’s right this Lease by written notice to possession Tenant of Landlord's election to do so. Upon the giving of such notice, the term of this Lease and the estate hereby granted will expire and terminate on the date set forth in such notice as fully and completely and with the same effect as if such date were the date herein fixed for the expiration of the PremisesLease Term, and all rights of Tenant will expire and terminate, but Tenant will remain liable as hereinafter provided. No act by Landlord other than giving Notice to Tenant shall terminate this Lease. Acts Upon Landlord's notice of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to may recover from Tenant: a. (i) The worth, worth at the time of the award, award of the unpaid Minimum Rent that and Additional Rent which had been earned at the time of termination of this Leasetermination; b. (ii) The worth, worth at the time of the award, award of the amount by which the unpaid Minimum Rent that which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been be reasonably avoided; c. (iii) The worth, worth at the time of the award, award of the amount by which the unpaid Minimum Rent for the balance of the term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been be reasonably avoided; and d. (iv) Any other amount, and court costs, amount reasonably necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default's failure to perform his obligations under the Lease. The worth, "worth at the time of the award,” as used " of the amounts referred to in “a” SUBSECTIONS (I) and “b” of this paragraph, is to (II) above will be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanof 12% per annum. The worth, "worth at the time of the award,” as " of the amount referred to in “c” of this paragraph, is to SUBSECTION (III) above will be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus 1%1 percent.

Appears in 1 contract

Samples: Office Lease Agreement (Cole National Corp /De/)

Termination of Lease. Terminate this Lease by giving Tenant written notice thereof, in which event Xxxxxx shall immediately surrender the Premises to Landlord. In the event that Landlord can terminate Tenant’s right shall elect to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall so terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, then Landlord has the right to may recover from Tenant: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent that which had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that which would have been earned after the date of such termination of this Lease until the time of award exceeds the amount of the such Rent loss of Rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, 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 the such Rent loss of Rent that Tenant proves could have been be reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all detriment proximately caused by TenantXxxxxx’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, the cost of recovering possession of the Premises, expenses of reletting (including necessary repair, renovation and alteration of the Premises), reasonable attorneys’ fees, and any other reasonable costs; plus (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 Law. AS USED IN CLAUSES (A) AND (B) ABOVE, THE “WORTH AT THE TIME OF AWARD” IS COMPUTED BY ALLOWING INTEREST AT THE DEFAULT RATE. AS USED IN CLAUSE (C) ABOVE, THE “WORTH AT THE TIME OF AWARD” IS COMPUTED BY DISCOUNTING SUCH AMOUNT AT THE DISCOUNT RATE OF THE FEDERAL RESERVE BANK OF SAN FRANCISCO AT THE TIME OF AWARD PLUS ONE PERCENT (1%). Failure by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such Event of Default. “The worthTenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, at the time Xxxxxx’s right of occupancy of the award,” as used in “a” and “b” Premises after any termination of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%Lease.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Landlord can terminate Tenant’s this Lease and Xxxxxx's right to possession of the PremisesPremises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving Notice written notice to Tenant of such termination shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On Upon termination, Landlord has the right to recover from all damages incurred by Landlord as a result of Tenant's default, including: a. (a) The worth, worth at the time of the award, award of the any unpaid Rent rent that had been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award of the amount by which the unpaid Rent rent for the balance of the term Lease Term after the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default's default, including, but not limited to expenses for cleaning, repairing or restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers' fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises such as taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys' fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease and (viii) reimbursement of any previously waived or abated Minimum Monthly Rent and/or Additional Rent; plus (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 under applicable California law. “The worthAs used in paragraphs (a) and (b) above, the "worth at the time of the award,” as used in “a” and “b” of this paragraph, is to " shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanpermissible legal rate. “The worthAs used in paragraph (c) above, the "worth at the time of the award,” as referred to in “c” of this paragraph, is to " shall be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%).

Appears in 1 contract

Samples: Standard Industrial Gross Lease (Scripps Financial Corp)

Termination of Lease. Landlord can may terminate this Lease and Tenant’s 's right to possession of the Premises. No act If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord other than giving Notice in order to Tenant shall terminate this Lease. Acts perform acts of maintenance, efforts cure defaults, preserve the Premises or to attempt to relet the Premises, or the appointment of a receiver on Landlord’s initiative in order to protect the Landlord’s 's interest under this Lease Lease, shall not constitute be deemed a termination of Tenant’s 's right to possessionpossession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. On terminationNotification of any default described in Paragraph 23 of this Lease shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure. If Landlord terminates this Lease and Tenant's right to possession of the Premises, Landlord has the right to may recover from Tenant: a. (1) The worth, worth at the time of the award, award of the unpaid Rent that rent which had been earned at the time of termination of this Lease;termination; plus b. (2) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that rent which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided; c. The worth, at the time of the award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (3) The worth at the time of the award of the amount by which the unpaid rent for the balance of the Lease Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (4) Any other amount, and court costs, amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant’s Default's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. “The worth, All computations of the "worth at the time of the award,” as used in “a” " of amounts recoverable by Landlord under (1) and “b” of this paragraph, is to (2) hereof shall be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanDefault Rate. The worth, "worth at the time of the award,” as referred to in “c” " recoverable by Landlord under (3) and the discount rate for purposes of this paragraphdetermining any amounts recoverable under (4), is to if applicable, shall be computed by discounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank of Bank, San Francisco Francisco, California, at the time of the awardaward plus [***] percent ([***]%). Upon termination of this Lease, plus 1%whether by lapse of time or otherwise, Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord shall have the right to re-enter the Premises.

Appears in 1 contract

Samples: Lease Agreement (Sana Biotechnology, Inc.)

Termination of Lease. Terminate this Lease by giving Tenant written notice thereof, in which event Xxxxxx shall immediately surrender the Premises to Landlord. In the event that Landlord can terminate Tenant’s right shall elect to possession of the Premises. No act by Landlord other than giving Notice to Tenant shall so terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, then Landlord has the right to may recover from Tenant: a. (i) The worth, worth at the time of the award, award of the any unpaid Rent that which had been earned at the time of termination of this Lease;such termination; plus b. (ii) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such Rent loss of Rent that Tenant proves reasonably could have been reasonably avoided;; plus c. (iii) The worth, worth at the time of the award, 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 the such Rent loss of Rent that Tenant proves reasonably could have been reasonably be avoided; andplus d. (iv) Any other amount, and court costs, amount necessary to compensate Landlord for all detriment proximately caused by TenantXxxxxx’s Defaultfailure to perform its obligations under this Lease or which in the ordinary course would be likely to result therefrom; plus (v) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. As used in subparagraphs (i) and (ii) above, the The worth, worth at the time of the award,as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loanDefault Rate. As used in subparagraph (iii) above, the The worth, worth at the time of the award,as referred to in “c” of this paragraph, is to be computed by discounting the such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%). Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Xxxxxx’s right of occupancy of the Premises after any termination of this Lease.

Appears in 1 contract

Samples: Modified Industrial Gross Lease (Energy Recovery, Inc.)

Termination of Lease. Landlord can terminate Tenant’s 's right to possession of the Premises. No act by Landlord other than giving Notice notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s Xxxxxxxx's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. On termination, Landlord has the right to recover from Tenant: a. The worth, at the time of the award, of the unpaid Rent rent that had been earned at the time of termination of this Lease; b. The worth, at the time of the award, of the amount by which the unpaid Rent rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent rent that Tenant Xxxxxx proves could have been reasonably avoided; c. The worth, at the time of the award, of the amount by which the unpaid Rent rent for the balance of the term after the time of award exceeds the amount of the loss of Rent rent that Tenant Xxxxxx proves could have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s DefaultXxxxxx's default. "The worth, at the time of the award," as used in "a" and "b" of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. "The worth, at the time of the award," as referred to in "c" of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Landlord can may terminate Tenant’s right this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises. No act by Premises and expel or remove Xxxxxx and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord other than giving Notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to may recover from TenantTenant the following: a. (a) The worth, worth at the time of the award, of the any unpaid Rent that had rent which has been earned at the time of termination of this Lease;such termination; plus b. (b) The worth, worth at the time of the award, award of the amount by which the unpaid Rent that rent which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the such rental loss of Rent that Tenant proves could have been reasonably avoided;; plus c. (c) The worth, worth at the time of the award, award 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 the such rental loss of Rent that Tenant proves could have been reasonably avoided; andplus d. (d) Any other amount, and court costs, amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Default. “The worthXxxxxx's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, at specifically including but not limited to, brokerage commissions and advertising expenses incurred, expenses of remodeling the time Premises or any portion thereof for a new tenant, whether for the same or a different use, and any special concessions made to obtain a new tenant; and (e) At Landlord's election, such other amounts in addition to or in lieu of the award,” foregoing as used in “a” and “b” of this paragraph, is may be permitted from time to be computed time by allowing interest at the maximum rate an individual is permitted by law to charge on a loan. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%applicable law.

Appears in 1 contract

Samples: Lease Agreement (TrueCar, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!