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 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 (a) The Authority has the event right to obtain possession of all or any such default by Subtenant which continues beyond any applicable part of Landlord’s leased premises under the Master Lease upon 60 days prior notice to Landlord, if the Authority, in its sole discretion, determines that efficient Airport operations require the use thereof. Therefore, the Authority has the right to notify Landlord 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 require Landlord to terminate this Sublease and all rights of Subtenant hereunder by giving Subtenant a Landlord has the right to so terminate this Sublease and require Tenant to fulfill its removal and surrender obligations hereunder. Landlord, upon as much prior notice of termination. If Sublandlord elects in writing to Tenant as possible under the circumstances, may so to terminate this Sublease. Tenant specifically acknowledges that this termination provision is a material inducement to Landlord in entering into this Sublease with Tenant. Except as specifically provided in this Section 6.04, then Sublandlord such termination and the removal and surrender obligations of Tenant, shall in no event give rise to any claims, causes of actions, suits, or damages that Tenant may recover from Subtenanthave or rights to payment to Tenant by either Landlord or the Authority including, without limitation: (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 (di) any other amount necessary to compensate Sublandlord for and all of the detriment proximately caused by Subtenant's failure to perform its obligations under this Sublease or which awards in the ordinary course nature 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 land damages under all 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 Subleaselaws, including, without limitation, the right to recover Rent Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), as it becomes dueamended, and Massachusetts General Laws, Chapters 79 and 79A, and (ii) any and all rights under the terms of this Sublease, and (iii) incidental, consequential or severance damages on account of Xxxxxx’s occupancy and/or abandonment of the Premises. Sublandlord has In the remedy set forth event of such termination, within 60 days following the date that Tenant shall have vacated and surrendered the Premises in California Civil Code Section 1951.4 (Sublandlord may continue the condition required under this Sublease, paid all Rentals and performed all of its other accrued obligations under this Sublease in effect after Subtenant's breach and abandonment and recover rent as it becomes duethrough to the effective date of such termination, 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 Landlord shall also be obligated to pay to Sublandlord Tenant a fee sum equal to the unamortized portion of Sublandlord's sublease costs, calculated as investment of the effective date Cost of termination of Fixed Improvements in the Subleaseamount reasonably approved by Landlord in accordance with the requirements set forth in Section 6.04(c) below and the Master Lease.