Common use of Termination of Sublease Clause in Contracts

Termination of Sublease. In the event of any such default by Subtenant which continues beyond any applicable notice and agreed cure period, then in addition to any other remedies available to Sublandlord at law or in equity, Sublandlord shall have the immediate option to terminate this Sublease and all rights of Subtenant hereunder by giving Subtenant a notice of termination. If Sublandlord elects so to terminate this Sublease, then Sublandlord may recover from Subtenant: (a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Subtenant proves could have been reasonably avoided; plus (e) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Subtenant proves could be reasonably avoided; plus (d) any other amount necessary to compensate Sublandlord for all of the detriment proximately caused by Subtenant's failure to perform its obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom. As used in clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. 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 1%. In addition, Sublandlord shall also have the option to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned the Premises. Sublandlord shall be entitled to enforce all Sublandlord's rights and remedies under this Sublease, including, without limitation, the right to recover Rent as it becomes due. Sublandlord has the remedy set forth in California Civil Code Section 1951.4 (Sublandlord may continue this Sublease in effect after Subtenant's breach and abandonment and recover rent as it becomes due, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, in addition to and independent of any of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's sublease costs, calculated as of the effective date of termination of the Sublease.

Termination of Sublease. In Sublandlord may terminate the event Sublease and re-enter the Premises and take possession thereof, but no act by Sublandlord other than written notice from Sublandlord to Subtenant of any such default by Subtenant which continues beyond any applicable notice and agreed cure period, then in addition to any other remedies available to Sublandlord at law or in equity, Sublandlord termination shall have the immediate option to terminate this Sublease. The Sublease and all rights of Subtenant hereunder by giving Subtenant a shall terminate on the date specified in the notice of termination. If Sublandlord elects so to terminate Upon termination of this Sublease, then Subtenant will remain liable to Sublandlord for damages in an amount equal to the Rent and other sums that would have been owing by Subtenant under this Sublease for the balance of the Sublease Term, less the net proceeds, if any, of any reletting of the Premises by Sublandlord subsequent to the termination, after deducting all Sublandlord’s Reletting Expenses (as defined below). Sublandlord shall be entitled to either collect damages from Subtenant monthly on the days on which Rent or other amounts would have been payable under the Sublease, or alternatively, Sublandlord may accelerate Subtenant’s obligations under the Sublease and recover from Subtenant: (ai) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus (bii) the worth at the time of award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental Rent loss that Subtenant proves could reasonably have been reasonably avoided; plus (eiii) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term Term of the Sublease after the time of award exceeds the amount of such rental Rent loss that Subtenant proves could reasonably be reasonably avoided; plus avoided (d) any other amount necessary to compensate Sublandlord for all of the detriment proximately caused by Subtenant's failure to perform its obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom. As used in clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. As used in clause (c) above, the "worth at the time of award" is computed by discounting such amount at by the discount rate of the Federal Reserve Bank of San Francisco at the time of award the award, plus one percent (1%. In addition, )); and (iv) any other amount necessary to compensate Sublandlord shall also have for all the option detriment proximately caused by Subtenant’s failure to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned perform its obligations under the Premises. Sublandlord shall be entitled to enforce all Sublandlord's rights and remedies under this Sublease, includingor which in the ordinary course would be likely to result from the Event of Default, including without limitation, the right to recover Rent as it becomes due. Sublandlord has the remedy set forth limitation Reletting Expenses described in California Civil Code Section 1951.4 (Sublandlord may continue this Sublease in effect after Subtenant's breach and abandonment and recover rent as it becomes due, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, in addition to and independent of any of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's sublease costs, calculated as of the effective date of termination of the Sublease21.2.

Termination of Sublease. In the event of any such default breach of this ----------------------- Sublease by Subtenant which continues beyond any applicable notice and agreed cure period, then in addition to any other remedies available to Sublandlord at law or in equitySubtenant, Sublandlord shall have may, at its option, terminate the immediate option to terminate this Sublease and all rights of Subtenant hereunder by giving Subtenant a notice of termination. If Sublandlord elects so to terminate this Sublease, then Sublandlord may recover from Subtenant: : (a) the worth at the time of award of any the unpaid rent which had been earned at the time of such termination; plus plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that Subtenant proves could have been reasonably avoided; plus plus (ec) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Sublease Term after the time of award exceeds the amount of such rental loss that Subtenant proves could be reasonably avoided; plus plus (d) any other amount necessary to compensate Sublandlord for all of the detriment proximately caused by Subtenant's failure to perform its obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom. As used in clauses therefrom (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. 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 1%. In addition, Sublandlord shall also have the option to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned the Premises. Sublandlord shall be entitled to enforce all Sublandlord's rights and remedies under this Sublease, specifically including, without limitation, the right unamortized portion of any brokerage commissions paid by Sublandlord for this Sublease, brokerage commissions and advertising expenses incurred for a new sublease, expenses of remodeling the Subleased Premises or any portion thereof for a new subtenant, whether for the same or a different use, and any special concessions made to recover Rent as it becomes due. Sublandlord has the remedy set forth in California Civil Code Section 1951.4 obtain a new subtenant); and (Sublandlord may continue this Sublease in effect after Subtenante) at Sublandlord's breach and abandonment and recover rent as it becomes dueelection, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, such other amounts in addition to and independent of any of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's sublease costs, calculated as or in lieu of the effective date of termination foregoing as may be permitted from time to time under the laws and judicial decisions of the SubleaseState in which the Subleased Premises are located.

Termination of Sublease. Terminate this Sublease by giving RIDA written notice thereof, in which event XXXX shall immediately surrender the Facility to the City. In the event of any such default by Subtenant which continues beyond any applicable notice and agreed cure period, then in addition that the City shall elect to any other remedies available to Sublandlord at law or in equity, Sublandlord shall have the immediate option to terminate this Sublease and all rights of Subtenant hereunder by giving Subtenant a notice of termination. If Sublandlord elects so to terminate this Sublease, then Sublandlord the City may recover from Subtenant: RIDA: (ai) the The worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus plus (bii) the The worth at the time of award of the amount by which the unpaid rent Rent which would have been earned after such termination until the time of award exceeds the amount of such rental Rent loss Subtenant that RIDA proves could have been reasonably avoided; plus plus (eiii) the The worth at the time of 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 such rental Rent loss that Subtenant RIDA proves could be reasonably avoided; plus plus (div) any Any other amount necessary to compensate Sublandlord the City for all of the detriment proximately caused by Subtenant's RIDA’s failure to perform its obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom. As used in clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. 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 1%. In addition, Sublandlord shall also have the option to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned the Premises. Sublandlord shall be entitled to enforce all Sublandlord's rights and remedies under this Sublease, including, without limitation, the right to recover Rent as it becomes due. Sublandlord has cost of recovering possession of the remedy set forth in California Civil Code Section 1951.4 Facility, expenses of reletting (Sublandlord may continue this Sublease in effect after Subtenant's breach including necessary repair, renovation and abandonment alteration of the Facility), reasonable attorneys’ fees, and recover rent as it becomes dueany other reasonable costs; plus (v) At the City’s election, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, 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 (I) AND (II) ABOVE, THE “WORTH AT THE TIME OF AWARD” IS COMPUTED BY ALLOWING INTEREST AT THE DEFAULT RATE. AS USED IN CLAUSE (III) 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 the City 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. RIDA hereby waives for RIDA and independent for all those claiming under RIDA all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, XXXX’s right of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's sublease costs, calculated as occupancy of the effective date of Facility after any termination of the this Sublease. 1 Discuss in terms of Completion Guaranty resolution. Same issue in PIA section 21.1.5.2.

Termination of Sublease. Terminate this Sublease by giving RIDA written notice thereof, in which event XXXX shall immediately surrender the Facility to the City. In the event of any such default by Subtenant which continues beyond any applicable notice and agreed cure period, then in addition that the City shall elect to any other remedies available to Sublandlord at law or in equity, Sublandlord shall have the immediate option to terminate this Sublease and all rights of Subtenant hereunder by giving Subtenant a notice of termination. If Sublandlord elects so to terminate this Sublease, then Sublandlord the City may recover from Subtenant: RIDA: (ai) the The worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus plus (bii) the The worth at the time of award of the amount by which the unpaid rent Rent which would have been earned after such termination until the time of award exceeds the amount of such rental Rent loss Subtenant that RIDA proves could have been reasonably avoided; plus plus (eiii) the The worth at the time of 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 such rental Rent loss that Subtenant RIDA proves could be reasonably avoided; plus plus (div) any Any other amount necessary to compensate Sublandlord the City for all of the detriment proximately caused by Subtenant's RIDA’s failure to perform its obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom. As used in clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. 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 1%. In addition, Sublandlord shall also have the option to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned the Premises. Sublandlord shall be entitled to enforce all Sublandlord's rights and remedies under this Sublease, including, without limitation, the right to recover Rent as it becomes due. Sublandlord has cost of recovering possession of the remedy set forth in California Civil Code Section 1951.4 Facility, expenses of reletting (Sublandlord may continue this Sublease in effect after Subtenant's breach including necessary repair, renovation and abandonment alteration of the Facility), reasonable attorneys’ fees, and recover rent as it becomes dueany other reasonable costs; plus (v) At the City’s election, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, 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 (I) AND (II) ABOVE, THE “WORTH AT THE TIME OF AWARD” IS COMPUTED BY ALLOWING INTEREST AT THE DEFAULT RATE. AS USED IN CLAUSE (III) 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 the City 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. RIDA hereby waives for RIDA and independent for all those claiming under RIDA all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, XXXX’s right of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's sublease costs, calculated as occupancy of the effective date of Facility after any termination of the this Sublease.

Termination of Sublease. In the event of any such default by Subtenant which continues and beyond any applicable notice and agreed cure periodperiods, then in addition to any other remedies available to Sublandlord at law or in equity, Sublandlord shall have the immediate option to terminate this Sublease and all rights of Subtenant hereunder by giving Subtenant a notice of termination. If Sublandlord elects so to terminate this Sublease, then Sublandlord may recover from Subtenant: (a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Subtenant proves could have been reasonably avoided; , plus (ec) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Subtenant proves could be reasonably avoided; plus (d) any other amount necessary to compensate Sublandlord for all of the detriment proximately caused by Subtenant's failure to perform its obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom; plus (e) 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 clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. 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 1%. In addition, Sublandlord shall also have the option to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned the Premises. Sublandlord shall be entitled to enforce all Sublandlord's rights and remedies under this Sublease, including, without limitation, the right to recover Rent as it becomes due. Sublandlord has the remedy set forth in California Civil Code Section 1951.4 (Sublandlord may continue this Sublease in effect after Subtenant's breach and abandonment and recover rent as it becomes due, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, in addition to and independent of any of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's sublease costsSublease Costs (as defined in Exhibit E), calculated as of the effective date of termination of the Sublease.

Termination of Sublease. In the event of any such default breach of this Sublease by Subtenant which continues beyond any applicable notice and agreed cure period, then in addition to any other remedies available to Sublandlord at law or in equitySubtenant, Sublandlord shall have may, at its option, terminate the immediate option to terminate this Sublease and all rights of Subtenant hereunder by giving Subtenant a notice of termination. If Sublandlord elects so to terminate this Sublease, then Sublandlord may recover from Subtenant: : (a) the worth at the time of award of any the unpaid rent which had been earned at the time of such termination; plus plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that Subtenant proves could have been reasonably avoided; plus plus (ec) the worth at the time of award of the amount by which the unpaid rent for the balance of the term Sublease Term after the time of award exceeds the amount of such rental loss that Subtenant proves could be reasonably avoided; plus plus (d) any other amount necessary to compensate Sublandlord for all of the detriment proximately caused by Subtenant's failure to perform its obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom. As used in clauses therefrom (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. 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 1%. In addition, Sublandlord shall also have the option to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned the Premises. Sublandlord shall be entitled to enforce all Sublandlord's rights and remedies under this Sublease, specifically including, without limitation, the right unamortized portion of any brokerage commissions paid by Sublandlord for this Sublease, brokerage commissions and advertising expenses incurred for a new sublease, expenses of remodelling the Subleased Premises or any portion thereof for a new subtenant, whether for the same or a different use, and any special concessions made to recover Rent as it becomes due. Sublandlord has the remedy set forth in California Civil Code Section 1951.4 obtain a new subtenant); and (Sublandlord may continue this Sublease in effect after Subtenante) at Sublandlord's breach and abandonment and recover rent as it becomes dueelection, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, such other amounts in addition to and independent of any of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's sublease costs, calculated as or in lieu of the effective date of termination foregoing as may be permitted from time to time under the laws and judicial decisions of the SubleaseState in which the Subleased Premises are located.