Common use of Termination of Possession Clause in Contracts

Termination of Possession. Landlord may terminate Resident's right to possession of the Premises by written notice to Resident or any other lawful means, and recover the value of any such concessions made, re-enter and take possession of the Premises, and Resident shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Resident all damages incurred by Landlord by reason of Resident’s default, including without limitation past-due rent, interest and late charges, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs or damages arising out of Residents default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing the Premises, and legal expenses and fees. Notwithstanding any termination, re-entry, or reletting, the liability of Resident for the rent, and other charges and adjustments for the balance of the Lease Term shall not be extinguished and Resident shall pay and Landlord may recover from Resident at the time of termination, re-entry, or reletting, the excess, if any, of the amount of such rents reserved in this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period. Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease Term. In the event that Landlord relets the Premises or any part thereof without first terminating Residents right to possession pursuant to this Lease, Landlord reserves the right, at any time thereafter, to elect to terminate Residents right to possession to that or other portions of the Premises for the default that originally resulted in the reletting.

Termination of Possession. Landlord may terminate ResidentTenant's right to possession of the Premises by written notice to Resident Tenant or any other lawful means, terminate this Lease by written notice to Tenant, revoke Tenant's right to any free rent or other lease concessions and recover the value of any such concessions made, re-enter and take possession of the Premises, Premises and Resident Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Resident Tenant all damages incurred by Landlord by reason of Resident’s Tenant's default, including without limitation past-due rentlimitation, all unpaid Annual Rent, Additional Rent and other obligations of Tenant under this Lease including without limitation, accrued interest, default interest and late chargescharges thereon, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs or damages arising out of Residents Tenant's default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing or altering the PremisesPremises for reletting, brokers' commissions, and legal expenses and feescosts including attorneys' fees whether suit is brought or not. Notwithstanding any terminationtermination of this Lease, re-entry, entry or relettingreletting of the Premises, the liability of Resident Tenant for the rentAnnual Rent, Additional Rent, and other charges and adjustments for the balance of the Lease Term shall not be extinguished and Resident Tenant shall pay and Landlord may recover from Resident Tenant at the time of termination, re-entry, or reletting, the excess, if any, of the amount of such rents reserved in this Lease for the balance of the term hereof over Term (even if in excess of the then reasonable rental value of the Premises for the same period. Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease Term. In the event that Landlord relets the Premises or any part thereof thereof) without first terminating Residents Tenant's right to possession pursuant to this Lease, . Landlord reserves the right, at any time thereafter, to elect to terminate Residents Tenant's right to possession to that or other portions of the Premises for the default that originally resulted in the reletting.

Termination of Possession. Landlord may terminate Resident's Terminate Tenant’s right to possession of the Premises by written notice to Resident or any other lawful means, in which case this Lease shall terminate and recover the value of any such concessions made, re-enter and take possession of the Premises, and Resident Tenant shall immediately surrender possession of the Premises to Landlord. In such eventevent Landlord shall have the immediate right to re-enter and remove all persons and property and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby; and Landlord shall be entitled to recover from Resident Tenant all damages incurred by Landlord by reason of ResidentTenant’s default, including without limitation past-due rent(i) the worth at the time of the award of all Basic Monthly Rent, interest Additional Rent and late chargesother charges which were earned or were payable at the time of the termination; (ii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent, Additional Rent and other charges which would have been earned or were payable after termination until the time of the award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent, Additional Rent and other charges which would have been payable for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; 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 of things would be likely to result therefrom, including, but not limited to, any costs or expenses incurred by Landlord in maintaining or preserving the Premises after such default, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs including necessary renovation or damages arising out alteration of Residents default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing the PremisesLandlord’s reasonable attorneys’ fees incurred in connection therewith, and legal expenses any real estate commissions or other such fees paid or payable. As used in subparts (i) and fees. Notwithstanding any termination, re-entry, or reletting(ii) above, the liability of Resident for the rent, and other charges and adjustments for the balance of the Lease Term shall not be extinguished and Resident shall pay and Landlord may recover from Resident “worth at the time of termination, re-entrythe award” is computed by allowing interest on unpaid amounts at the rate of fifteen percent (15%) per annum, or relettingsuch lesser amount as may then be the maximum lawful rate. As used in subpart (iii) above, the excess, if any, “worth at the time of the award” is computed by discounting such amount of such rents reserved in this Lease for at the balance discount rate of the term hereof over Federal Reserve Bank of San Francisco at the then reasonable rental value time of the award, plus one percent (1%). If Tenant shall have abandoned the Premises, Landlord shall have the option of (i) retaking possession of the Premises for the same period. Reasonable rental value shall mean and recovering from Tenant the amount of rental which Landlord does specified in this Subsection 11.4.1, or could reasonably be expected to obtain as rent for the remaining balance of the Lease Term. In the event that Landlord relets the Premises or any part thereof without first terminating Residents right to possession pursuant to this Lease, Landlord reserves the right, at any time thereafter, to elect to terminate Residents right to possession to that or other portions of the Premises for the default that originally resulted in the reletting(ii) proceeding under Subsection 11.4.2.

Termination of Possession. Landlord may terminate Resident's Terminate Tenant’s right to possession of the Premises by written notice to Resident or any other lawful means, in which case this Lease shall terminate and recover the value of any such concessions made, re-enter and take possession of the Premises, and Resident Tenant shall immediately surrender possession of the Premises to Landlord. In such eventevent Landlord shall have the immediate right to re-enter and remove all persons and property and such property may be removed and stored in a public warehouse or elsewhere at the cost, and for the account, of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby; and Landlord shall be entitled to recover from Resident Tenant all damages incurred by Landlord by reason of ResidentTenant’s default, including without limitation past-due rent(i) the worth at the time of the award of all Basic Monthly Rent, interest Additional Rent and late chargesother charges which were earned or were payable at the time of the termination; (ii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent, Additional Rent and other charges which would have been earned or were payable after termination until the time of the award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent, Additional Rent and other charges which would have been payable for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; 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 of things would be likely to result therefrom, including, but not limited to, any costs or expenses incurred by Landlord in maintaining or preserving the Premises after such default, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs including necessary renovation or damages arising out alteration of Residents default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing the PremisesLandlord’s reasonable attorneys’ fees incurred in connection therewith, and legal expenses any real estate commissions or other such fees paid or payable. As used in subparts (i) and fees. Notwithstanding any termination, re-entry, or reletting(ii) above, the liability of Resident for the rent, and other charges and adjustments for the balance of the Lease Term shall not be extinguished and Resident shall pay and Landlord may recover from Resident “worth at the time of termination, re-entrythe award” is computed by allowing interest on unpaid amounts at the rate of fifteen percent (15%) per annum, or relettingsuch lesser amount as may then be the maximum lawful rate. As used in subpart (iii) above, the excess, if any, “worth at the time of the award” is computed by discounting such amount of such rents reserved in this Lease for at the balance discount rate of the term hereof over Federal Reserve Bank of San Francisco at the then reasonable rental value time of the award, plus one percent (1%). If Tenant shall have abandoned the Premises, Landlord shall have the option of (i) retaking possession of the Premises for the same period. Reasonable rental value shall mean and recovering from Tenant the amount of rental which Landlord does specified in this Subsection 11.4.1, or could reasonably be expected to obtain as rent for the remaining balance of the Lease Term. In the event that Landlord relets the Premises or any part thereof without first terminating Residents right to possession pursuant to this Lease, Landlord reserves the right, at any time thereafter, to elect to terminate Residents right to possession to that or other portions of the Premises for the default that originally resulted in the reletting.(ii) proceeding under Subsection 11.4.2; or

Termination of Possession. Landlord may terminate ResidentTenant's right to possession of the Premises by written notice to Resident Tenant or any other lawful means, terminate this Lease by written notice to Tenant, revoke Tenant's right to any free rent or other lease concessions and recover the value of any such concessions made, re-enter and take possession of the Premises, Premises and Resident Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Resident Tenant all damages incurred by Landlord by reason of Resident’s Tenant's default, including without limitation past-due rentlimitation, all unpaid Rent, Additional Rent and other obligations of Tenant under this Lease including without limitation, accrued interest at the then current Fleet Bank prime interest rate, and late chargescharges thereon, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs or damages arising out of Residents Tenant's default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing or altering the PremisesPremises for reletting, brokers' commissions, and legal expenses and feescosts including attorneys' fees whether suit is brought or not. Notwithstanding any terminationtermination of this Lease, re-entry, entry or relettingreletting of the Premises, the liability of Resident Tenant for the rentRent, the Additional Rent and other charges and adjustments for the balance of the Lease Term shall not be extinguished and Resident Tenant shall pay and Landlord may recover from Resident Tenant at the time of termination, re-entry, or reletting, the excess, if any, of the amount of such rents reserved in this Lease for the balance of the term hereof over Term (even if in excess of the then reasonable rental value of the Premises for the same period. Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease Term. In the event that Landlord relets the Premises or any part thereof thereof) without first terminating Residents Tenant's right to possession pursuant to this Lease, . Landlord reserves the right, at any time thereafter, to elect to terminate Residents Tenant's right to possession to that or other portions of the Premises for the default that originally resulted in the reletting.

Termination of Possession. Landlord may terminate ResidentTenant's right to possession of the Premises by written notice to Resident Tenant or any other lawful means, terminate this Lease by written notice to Tenant, revoke Tenant's right to any free rent or other lease concessions and recover the value of any such concessions made, re-enter and take possession of the Premises, Premises and Resident Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Resident Tenant all damages incurred by Landlord by reason of Resident’s Tenant's default, including without limitation past-due rentlimitation, interest all unpaid Annual Rent or the Adjusted Annual Rent and late chargesother obligations of Tenant under this Lease including without limitation, accrued interest, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs or damages arising out of Residents default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing or altering the PremisesPremises for reletting, brokers' commissions, and legal expenses costs including attorneys' fees whether suit is brought or not, and feesany other costs or damages arising out of Tenant's default. Notwithstanding any terminationtermination of this Lease, re-entry, entry or relettingreletting of the Premises, the liability of Resident Tenant for the rent, Annual Rent or the Adjusted Annual Rent and other charges and adjustments for the balance of the Lease Term shall not be extinguished and Resident Tenant shall pay and Landlord may recover from Resident Tenant at the time of termination, re-entry, or reletting, the excess, if any, of the amount of such rents reserved in this Lease for the balance of the term hereof over Term (even if in excess of the then reasonable rental value of the Premises for the same period. Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease Term. In the event that Landlord relets the Premises or any part thereof thereof) without first terminating Residents Tenant's right to possession pursuant to this Lease, . Landlord reserves the right, at any time thereafter, to elect to terminate Residents Tenant's right to possession to that or other portions of the Premises for the default that originally resulted in the reletting.

Termination of Possession. Landlord may terminate Resident's Tenant’s right to possession of the Premises by written notice to Resident Tenant or any other lawful means, terminate this Lease by written notice to Tenant, revoke Tenant’s right to any free rent or other lease concessions and recover the value of any such concessions made, re-enter and take possession of the Premises, Premises and Resident Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Resident Tenant all damages incurred by Landlord by reason of ResidentTenant’s default, including without limitation past-due rentlimitation, interest all unpaid Annual Rent or the Adjusted Annual Rent and late chargesother obligations of Tenant under this Lease including without limitation, accrued interest, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs or damages arising out of Residents default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing or altering the PremisesPremises for reletting, brokers’commissions, and legal expenses costs including attorneys’ fees whether suit is brought or not, and feesany other costs or damages arising out of Tenant’s default. Notwithstanding any terminationtermination of this Lease, re-entry, entry or relettingreletting of the Premises, the liability of Resident Tenant for the rent, Annual Rent or the Adjusted Annual Rent and other charges and adjustments for the balance of the Lease Term shall not be extinguished and Resident Tenant shall pay and Landlord may recover from Resident Tenant at the time of termination, re-entry, or reletting, the excess, if any, of the amount of such rents reserved in this Lease for the balance of the term hereof over Term (even if in excess of the then reasonable rental value of the Premises for the same period. Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease Term. In the event that Landlord relets the Premises or any part thereof thereof) without first terminating Residents Tenant’s right to possession pursuant to this Lease, . Landlord reserves the right, at any time thereafter, to elect to terminate Residents Tenant’s right to possession to that or other portions of the Premises for the default that originally resulted in the reletting.

Termination of Possession. Landlord may terminate ResidentTenant's right to possession of the Premises by written notice to Resident Tenant or any other lawful means, terminate this Lease by written notice to Tenant, revoke Tenant's right to any free rent or other lease concessions and recover the value of any such concessions made, re-enter and take possession of the Premises, Premises and Resident Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Resident Tenant all damages incurred by Landlord by reason of Resident’s Tenant's default, including without limitation past-due rentlimitation, interest all unpaid Monthly Rent and late chargesother obligations of Tenant under this Lease including without limitation, accrued interest, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs or damages arising out of Residents default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing or altering the PremisesPremises for reletting, brokers' commissions, and legal expenses costs including attorneys' fees whether suit is brought or not, and feesany other costs or damages arising out of Tenant's default. Notwithstanding any terminationtermination of this Lease, re-entry, entry or relettingreletting of the Premises, the liability of Resident Tenant for the rent, Monthly Rent and other charges and adjustments for the balance of the Lease Term shall not be extinguished and Resident Tenant shall pay and Landlord may recover from Resident Tenant at the time of termination, re-entry, or reletting, the excess, if any, of the amount of such rents reserved in this Lease for the balance of the term hereof over Term (even if in excess of the then reasonable rental value of the Premises for the same period. Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease Term. In the event that Landlord relets the Premises or any part thereof thereof) without first terminating Residents Tenant's right to possession pursuant to this Lease, . Landlord reserves the right, at any time thereafter, to elect to terminate Residents Tenant's right to possession to that or other portions of the Premises for the default that originally resulted in the reletting.