Common use of Termination of Tenant’s Possession Clause in Contracts

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Tenant's right to possession of the Property at any time by any lawful means, in which case this Lease shall terminate and Tenant must immediately surrender possession of the Property to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default, including without limitation (i) the worth at the time of the award of the unpaid Rent and other charges which Landlord had earned at the time of the termination; (ii) the worth at the time of the award of the amount by which the unpaid Rent which Landlord would have earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Rent which Tenant would have paid for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; and (iv) any other amount, including court costs 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 Landlord incurs in maintaining or preserving the Property after such default, the cost of recovering possession of the Property, expenses of reletting, including necessary renovation or alteration of the Property, Landlord's reasonable attorneys' fees incurred in connection therewith, and any real estate commission paid or payable. As used in subparts (i) and (ii) above, the "worth at the time of the award" is computed by allowing interest at the Maximum Rate. As used in subpart (iii) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%) (if Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Section 14.2.1 or (ii) proceeding under Section 14.2.2 or Section 14.2.3.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Landlord may elect to terminate Tenant's right possessory rights, without terminating the Lease, and upon such election, Tenant shall surrender the Premises to Landlord, and Landlord, at any time after such termination, may, without further notice, re-enter and repossess the Premises without being liable to any prosecution or damages therefore, and no person claiming through or under Tenant or by virtue of any statute or of any order of any court shall be entitled to possession of the Property at Premises. At any time by or from time to time after any lawful meanssuch termination of Tenant's possession, Landlord may relet the Premises or any part thereof, in which case the name of Landlord or otherwise, for such term or terms and on such conditions as Landlord, in its sole discretion, may determine, and may collect and receive the rents therefore. Landlord shall not be responsible or liable for any failure to relet the Premises. The termination of Tenant's possession shall not relieve Tenant of its liability and obligations under this Lease, including the obligation to pay Rent, and such liability and obligations shall survive any such termination. Any Rent or other monetary obligation of Tenant that has been abated, deferred or forgiven by Landlord in this Lease or any amendment thereto, and the cost of all Tenant Improvements provided or paid for by Landlord pursuant to Section 7.1 above, shall terminate immediately become due and payable upon the occurrence of an Event of Default by Tenant must immediately surrender possession of under this Lease. If Landlord, at its option shall relet the Property to Landlord. In such eventPremises during said period, Landlord shall be entitled to recover from credit Tenant all damages incurred with the net rents received by Landlord from such reletting, such net rents to be determined by reason of Tenant's defaultfirst deducting from the gross rents, including without limitation (i) the worth at the time of the award of the unpaid Rent as and other charges which Landlord had earned at the time of the termination; (ii) the worth at the time of the award of the amount when received by which the unpaid Rent which Landlord would have earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Rent which Tenant would have paid for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; and (iv) any other amount, including court costs 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 Landlord incurs in maintaining or preserving the Property after such defaultLandlord, the cost of recovering reasonable expenses incurred or paid by Landlord in terminating this Lease and in securing possession of thereof, as well as the Property, expenses of reletting, including necessary renovation or including, without limitation, the alteration and preparation of the PropertyPremises for new tenants, Landlord's reasonable brokers' commissions, attorneys' fees incurred in connection therewith, and any real estate commission paid or payable. As used in subparts (i) and (ii) above, the "worth at the time of the award" is computed by allowing interest at the Maximum Rate. As used in subpart (iii) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%) (if Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of all other expenses properly chargeable against the Premises and recovering the rental therefrom. It is hereby understood that any such reletting may be for a period shorter or longer than the remaining Term of this Lease but in no event shall Tenant be entitled to receive any excess of such net rents over the sum payable by Tenant to Landlord hereunder, nor shall Tenant be entitled in any suit for the collection of damages pursuant hereto to a credit in respect of any net rents from Tenant a reletting, except to the amount specified in this Section 14.2.1 or (ii) proceeding under Section 14.2.2 or Section 14.2.3extent that such rents are actually received by Landlord.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Landlord may elect to terminate Tenant's right possessory rights, without terminating the Lease, and upon such election, Tenant shall surrender the Premises to Landlord, and Landlord, at any time after such termination, may, without further notice, re-enter and repossess the Premises without being liable to any prosecution or damages therefore, and no person claiming through or under Tenant or by virtue of any statute or of any order of any court shall be entitled to possession of the Property at Premises. At any time by or from time to time after any lawful meanssuch termination of Tenant's possession, Landlord may relet the Premises or any part thereof, in which case the name of Landlord or otherwise, for such term or terms and on such conditions as Landlord, in its sole discretion, may determine, and may collect and receive the rents therefore. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. The termination of Tenant's possession shall not relieve Tenant of its liability and obligations under this Lease, including the obligation to pay Rent, and such liability and obligations shall survive any such termination. Any Rent or other monetary obligation of Tenant that has been abated, deferred or forgiven by Landlord in this Lease or any amendment thereto, and the cost of all Tenant Improvements provided or paid for by Landlord pursuant to Section 7.1 above, shall terminate immediately become due and payable upon the occurrence of an event of default by Tenant must immediately surrender possession of under this Lease. If Landlord, at its option shall relet the Property to Landlord. In such eventPremises during said period, Landlord shall be entitled to recover from credit Tenant all damages incurred with the net rents received by Landlord from such reletting, such net rents to be determined by reason of Tenant's defaultfirst deducting from the gross rents, including without limitation (i) the worth at the time of the award of the unpaid Rent as and other charges which Landlord had earned at the time of the termination; (ii) the worth at the time of the award of the amount when received by which the unpaid Rent which Landlord would have earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Rent which Tenant would have paid for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; and (iv) any other amount, including court costs 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 Landlord incurs in maintaining or preserving the Property after such defaultLandlord, the cost of recovering expenses incurred or paid by Landlord in terminating this Lease and in securing possession of thereof, as well as the Property, expenses of reletting, including necessary renovation or including, without limitation, the alteration and preparation of the PropertyPremises for new tenants, Landlord's reasonable brokers' commissions, attorneys' fees incurred in connection therewith, and any real estate commission paid or payable. As used in subparts (i) and (ii) above, the "worth at the time of the award" is computed by allowing interest at the Maximum Rate. As used in subpart (iii) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%) (if Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of all other expenses properly chargeable against the Premises and recovering the rental therefrom. It is hereby understood that any such reletting may be for a period shorter or longer than the remaining Term of this Lease but in no event shall Tenant be entitled to receive any excess of such net rents over the sum payable by Tenant to Landlord hereunder, nor shall Tenant be entitled in any suit for the collection of damages pursuant hereto to a credit in respect of any net rents from Tenant a reletting, except to the amount specified in this Section 14.2.1 or (ii) proceeding under Section 14.2.2 or Section 14.2.3extent that such rents are actually received by Landlord.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Tenant's ’s right to possession of the Property Premises at any time by any lawful means, in which case this Lease shall terminate and Tenant must immediately surrender possession of the Property Premises to Landlord. In such event, Landlord shall will be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's ’s default, including including, without limitation limitation, (ia) the worth at the time of the award of the unpaid Rent and other charges which Landlord had been earned at the time of the termination; (iib) the worth at the time of the award of the amount by which the unpaid Rent which Landlord would have been earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves Landlord could have been reasonably avoided; (iiic) the worth at the time of the award of the amount by which the unpaid Rent which Tenant would have paid for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves Landlord could have be reasonably avoided; and (ivd) any other amount, including court costs reasonable amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under the this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, court costs, any costs or expenses Landlord incurs in maintaining or preserving the Property Premises after such default, the cost of recovering possession of the PropertyPremises, expenses of reletting, including necessary renovation or alteration of the PropertyPremises, Landlord's ’s reasonable attorneys' ’ fees incurred in connection therewith, and any reasonable real estate commission paid or payablepaid. As used in subparts (ia) and (iib) above, the "“worth at the time of the award" ’’ is computed by allowing interest at the Maximum Rate. As used in subpart (iiic) above, the "“worth at the time of the award" ” is computed by discounting 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%) (if Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Section 14.2.1 or (ii) proceeding under Section 14.2.2 or Section 14.2.3).

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Landlord may elect to terminate Tenant's right possessory rights, without terminating the Lease, and upon such election, Tenant shall surrender the Premises to Landlord, and Landlord, at any time after such termination, may, without further notice, re-enter and repossess the Premises without being liable to any prosecution or damages therefore, and no person claiming through or under Tenant or by virtue of any statute or of any order of any court shall be entitled to possession of the Property at Premises. At any time by or from time to time after any lawful meanssuch termination of Tenant's possession, Landlord may relet the Premises or any part thereof, in which case the name of Landlord or otherwise, for such term or terms and on such conditions as Landlord, in its sole discretion, may determine, and may collect and receive the rents therefore. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. The termination of Tenant's possession shall not relieve Tenant of its liability and obligations under this Lease, including the obligation to pay Rent, and such liability and obligations shall survive any such termination. Any Rent or other monetary obligation of Tenant that has been abated, deferred or forgiven by Landlord in this Lease or any amendment thereto, and the cost of all Tenant Improvements provided or paid for by Landlord, shall terminate immediately become due and payable upon the occurrence of an event of default by Tenant must immediately surrender possession of under this Lease. If Landlord, at its option shall relet the Property to Landlord. In such eventPremises during said period, Landlord shall be entitled to recover from credit Tenant all damages incurred with the net rents received by Landlord from such reletting, such net rents to be determined by reason of Tenant's defaultfirst deducting from the gross rents, including without limitation (i) the worth at the time of the award of the unpaid Rent as and other charges which Landlord had earned at the time of the termination; (ii) the worth at the time of the award of the amount when received by which the unpaid Rent which Landlord would have earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Rent which Tenant would have paid for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; and (iv) any other amount, including court costs 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 Landlord incurs in maintaining or preserving the Property after such defaultLandlord, the cost of recovering expenses incurred or paid by Landlord in terminating this Lease and in securing possession of thereof, as well as the Property, expenses of reletting, including necessary renovation or including, without limitation, the alteration and preparation of the PropertyPremises for new tenants, Landlord's reasonable brokers' commissions, attorneys' fees incurred in connection therewith, and any real estate commission paid or payable. As used in subparts (i) and (ii) above, the "worth at the time of the award" is computed by allowing interest at the Maximum Rate. As used in subpart (iii) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%) (if Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of all other expenses properly chargeable against the Premises and recovering the rental therefrom. It is hereby understood that any such reletting may be for a period shorter or longer than the remaining Term of this Lease but in no event shall Tenant be entitled to receive any excess of such net rents over the sum payable by Tenant to Landlord hereunder, nor shall Tenant be entitled in any suit for the collection of damages pursuant hereto to a credit in respect of any net rents from Tenant a reletting, except to the amount specified in this Section 14.2.1 or (ii) proceeding under Section 14.2.2 or Section 14.2.3extent that such rents are actually received by Landlord.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Landlord may elect to terminate Tenant's right possessory rights, without terminating the Lease, and upon such election, Tenant shall surrender the Premises to Landlord, and Landlord, at any time after such termination, may, without further notice, re-enter and repossess the Premises without being liable to any prosecution or damages therefore, and no person claiming through or under Tenant or by virtue of any statute or of any order of any court shall be entitled to possession of the Property at Premises. At any time by or from time to time after any lawful meanssuch termination of Tenant's possession, Landlord may relet the Premises or any part thereof, in which case the name of Landlord or otherwise, for such term or terms and on such conditions as Landlord, in its sole discretion, may determine, and may collect and receive the rents therefore. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. The termination of Tenant's possession shall not relieve Tenant of its liability and obligations under this Lease, including the obligation to pay Rent, and such liability and obligations shall survive any such termination. Any Rent or other monetary obligation of Tenant that has been abated, deferred or forgiven by Landlord in this Lease shall terminate or any amendment thereto, and Tenant must immediately surrender possession that portion of the Property to Landlord's Allowance determined by multiplying such allowance by a fraction, the numerator of which is the number of months elapsed during the Term hereof and the denominator of which is 120 shall immediately become due and payable upon the occurrence of an event of default by Tenant under this Lease. In such eventIf Landlord, at its option shall relet the Premises during said period, Landlord shall be entitled to recover from credit Tenant all damages incurred with the net rents received by Landlord from such reletting, such net rents to be determined by reason of Tenant's defaultfirst deducting from the gross rents, including without limitation (i) the worth at the time of the award of the unpaid Rent as and other charges which Landlord had earned at the time of the termination; (ii) the worth at the time of the award of the amount when received by which the unpaid Rent which Landlord would have earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Rent which Tenant would have paid for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; and (iv) any other amount, including court costs 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 Landlord incurs in maintaining or preserving the Property after such defaultLandlord, the cost of recovering expenses incurred or paid by Landlord in terminating this Lease and in securing possession of thereof, as well as the Property, expenses of reletting, including necessary renovation or including, without limitation, the alteration and preparation of the PropertyPremises for new tenants, Landlord's reasonable brokers' commissions, attorneys' fees incurred in connection therewith, and any real estate commission paid or payable. As used in subparts (i) and (ii) above, the "worth at the time of the award" is computed by allowing interest at the Maximum Rate. As used in subpart (iii) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%) (if Tenant has abandoned the Premises, Landlord shall have the option of (i) retaking possession of all other expenses properly chargeable against the Premises and recovering the rental therefrom. It is hereby understood that any such reletting may be for a period shorter or longer than the remaining Term of this Lease but in no event shall Tenant be entitled to receive any excess of such net rents over the sum payable by Tenant to Landlord hereunder, nor shall Tenant be entitled in any suit for the collection of damages pursuant hereto to a credit in respect of any net rents from Tenant a reletting, except to the amount specified in this Section 14.2.1 or (ii) proceeding under Section 14.2.2 or Section 14.2.3extent that such rents are actually received by Landlord.