Common use of Termination of Tenant's Right to Possession Clause in Contracts

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the premises at any time. 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: i. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease; ii. The worth, at the time of 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; iii. 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 the loss of rent that Tenant proves could have been reasonably avoided; and 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 award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, 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 7 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Termination of Tenant's Right to Possession. Landlord can may terminate Tenant's ’s right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 ’s right to possession. On terminationSuch written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon termination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Rent 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 loss of rent Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result therefrom. "The worth, “worth at the time of the award," as used ” of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate. "The worth, “worth at the time of the award," as ” of the amount referred to in iii of this section, clause (iii) above 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 1%one percent.

Appears in 5 contracts

Samples: Modified Gross Office Lease, Lease Agreement (BeautyKind Holdings, Inc.), Office Lease Agreement (Adamis Pharmaceuticals Corp)

Termination of Tenant's Right to Possession. In the event of such breach or default by Tenant, Landlord can may terminate Tenant's ’s right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 ’s right to possession. On terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the 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 loss of rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result therefrom. "The worth, “worth at the time of the award," as used ” of the amounts referred to in i Clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate, as set forth below. "The worth, “worth at the time of the award," as ” of the amount referred to in iii of this section, Clause (iii) above 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, plus 1%.

Appears in 3 contracts

Samples: Lease Agreement (Nuvasive Inc), Single Tenant Net Lease Agreement (Invision Technologies Inc), Lease Agreement (Phenomix CORP)

Termination of Tenant's Right to Possession. In the event of such breach or default by Tenant, Landlord can may terminate Tenant's right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the 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 loss of rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's defaultfailure to perform Tenant's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "The worth, worth at the time of the award," as used of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate, as set forth below. The "The worth, worth at the time of the award," as of the amount referred to in iii of this section, Clause (iii) above 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, plus 1two percent (2%).

Appears in 2 contracts

Samples: Lease Agreement (8x8 Inc /De/), Lease Agreement

Termination of Tenant's Right to Possession. Landlord can may ------------------------------------------- terminate Tenant's right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Basic Monthly Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Basic Monthly Rent 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 loss of rent Basic Monthly Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Basic Monthly Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Basic Monthly Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's defaultfailure to perform Tenant's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "The worth, worth at the time of the award," as used of the amounts referred to in i Clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the Default Rate, as set forth below, or if no Default Rate is set forth, then at the maximum rate an individual is permitted by law to chargeapplicable law. The "The worth, worth at the time of the award," as of the amount referred to in iii of this section, Clause (iii) above 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 1%one percent.

Appears in 2 contracts

Samples: Standard Full Service Gross Office Lease (Copper Mountain Networks Inc), Standard Full Service Gross Office Lease (Copper Mountain Networks Inc)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the premises Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate or cause a forfeiture of this leaseLease. Acts of maintenance, efforts to relet the premises, Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's ’s interest under this lease Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant: i. a. The worth, at the time of award, the award of the unpaid rent that had been earned at the time of termination of this leaseLease; ii. b. The worth, at the time of award, the award of the amount by which the unpaid rent that would have been earned after the date of termination of this lease Lease until the time time' of award exceeds the that amount of the loss of rent that Tenant proves could have been reasonably avoided; iii. c. The worth, at the time of award, the award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the that amount of the loss of rent that Tenant proves could have been reasonably avoided; and iv. d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's defaultdefault of this Lease or which in the ordinary course of things, would be likely to result therefrom. "The worth, worth at the time of the award," as used in i a., b. and ii c. of this sectionparagraph, is to be computed by allowing interest at the rate of Ten Percent (10%) per annum or the maximum rate an individual amount allowed by law, whichever is permitted by law to chargegreater. "The worth, at the time of the award," ", as referred to in iii c. of this sectionparagraph, 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%.One Percent

Appears in 2 contracts

Samples: Lease Agreement (Global Food Technologies, Inc.), Lease Agreement (Global Food Technologies, Inc.)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of or the premises Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this leaseLease. Acts of maintenance, efforts to relet the premisesPremises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this lease Lease shall not constitute a termination of Tenant's right to possessionpossession or a termination of this Lease. On terminationtermination of this Lease, a Landlord has the right to recover from Tenant: i. a. The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of this leaseLease; ii. 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 Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; iii. 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 or award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and iv. 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 or the award," as used in i (a) and ii of (b) or this sectionSection, is to be computed by allowing interest at the lesser of eighteen percent (18%) per annum or the maximum rate an individual is permitted by law to charge. "The worth, at the time of the award," as referred to in iii (C) of this sectionSection, 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 one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (Medcross Inc)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the premises Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this leaseLease. Acts of maintenance, efforts to relet the premisesPremises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this lease Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant: i. (1) The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of this leaseLease; ii. (2) 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 Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; iii. (3) The worth, at the time of the 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 loss of rent that Tenant proves could have been reasonably avoided; and iv. (4) 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 i (1) and ii (2) of this sectionsubparagraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge"Lease Interest Rate" (as defined in Section 1.33). "The worth, at the time of the award," ", as referred to in iii (3) of this sectionsubparagraph, 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 one percent (1%).

Appears in 1 contract

Samples: Office Lease (Community Bancorp Inc)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the premises Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this lease. Acts of maintenance, efforts to relet the premisesPremises, 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: i. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease; ii. The worth, at the time of 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; iii. 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 the loss of rent that Tenant proves could have been reasonably avoided; and 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 award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, 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 Tenant's Right to Possession. Landlord can terminate Tenant's ’s right to possession of the premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this leaseLease. 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 Lease shall not constitute a termination of Tenant's ’s right to possession. On termination, Landlord has the right to recover from Tenant: i. (a) The worth, at the time of award, the award of the unpaid rent that had been earned at the time of termination of this leaseLease; ii. (b) The worth, at the time of award, the award of the amount by which the unpaid rent that would have been earned after the date of termination of this lease Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; iii. (c) The worth, at the time of award, 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 iv. (d) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's ’s default. "The worth, at the time of the award," as used in i Subparagraphs (a) and ii (b) of this sectionparagraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeof ten percent (10%) per annum. "The worth, at the time of the award," as referred to in iii Subparagraph (c) of this sectionparagraph, 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 1ten percent (10%).

Appears in 1 contract

Samples: Lease Agreement (Fox Factory Holding Corp)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's ’s right to possession of the premises Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this leaseLease. Acts of maintenance, efforts to relet the premisesPremises, or the appointment of a receiver on Landlord's ’s initiative to protect Landlord's ’s interest under this lease Lease shall not not, by themselves, constitute a termination of Tenant's ’s right to possessionpossession or a termination of this Lease. On terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. (i) The worth, at the time of the award, of the unpaid rent that had been earned owed hereunder at the time of termination of this lease;Lease; Initials: /s/ RW (ii. ) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned owed hereunder after the date of termination of this lease Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; (iii. ) The worth, at the time of the 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 loss of rent that Tenant proves could have been reasonably avoided; and (iv. ) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's ’s default. "The worth, at the time of the award," as used in i (i) and ii (ii) of this sectionSection, is to be computed by allowing interest at the lesser of eighteen percent (18%) per annum or the maximum rate an individual is permitted by law to charge. "The worth, at the time of the award," as referred to in iii (iii) of this sectionSection, 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 one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (Whole Living Inc)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this lease. Acts of maintenance, efforts to relet the premises, 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: i. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease; ii. The worth, at the time of 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; iii. 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 the loss of rent that Tenant proves could have been reasonably avoided; and 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 award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, 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 Tenant's Right to Possession. Landlord can may terminate Tenant's ’s right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 ’s right to possession. On terminationSuch written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon termination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Rent 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 loss of rent Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result therefrom. "The worth, “worth at the time of the award," as used ” of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate. "The worth, “worth at the time of the award," as ” of the amount referred to in iii of this section, clause (iii) above 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 1%one percent.

Appears in 1 contract

Samples: Office Lease (Lionbridge Technologies Inc /De/)

Termination of Tenant's Right to Possession. Landlord can may terminate Tenant's right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Base Monthly Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Base Monthly Rent 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 loss of rent Base Monthly Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Base Monthly Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Base Monthly Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's defaultfailure to perform Tenant's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. "The worth, ..Worth at the time of the award," as used of the amounts referred to in i Clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the Default Rate, as set forth above, or if no Default Rate is set forth above, then at the maximum rate an individual is permitted by law to chargeapplicable law. The "The worth, worth at the time of the award," as of the amount referred to in iii of this section, Clause (iii) above 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 1%one percent.

Appears in 1 contract

Samples: Lease (Paramark Enterprises Inc)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's ’s right to possession of the premises at any time. No act by Landlord other than giving notice of termination 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 a termination of Tenant's ’s right to possession. On termination, Landlord has the right to recover from Tenant: i. a. The worth, at the time of award, the award of the unpaid rent that had been earned at the time of termination of this lease; ii. b. The worth, at the time of award, 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; iii. c. The worth, at the time of award, 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 iv. d. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's ’s default. "The worth, at the time of the award," as used in i a and ii b of this sectionparagraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeof 10% per annum. "The worth, at the time of the award," ”, as referred to in iii c of this sectionparagraph, 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 (GNLV Corp)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's ’s right to possession of the premises Premises at any time. No act by the Landlord other than giving notice to Tenant shall terminate this leaseLease. Acts of maintenance, efforts to relet the premisesPremises, or the appointment of a receiver on Landlord's ’s initiative to protect Landlord's ’s interest under this lease Lease shall not constitute a termination of Tenant's ’s right to possession. On termination, Landlord has the right to recover from Tenant: i. (a) The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of this leaseLease; ii. (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 Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; iii. (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 iv. (d) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately approximately caused by Tenant's ’s default. "The worth, at the time of the award," ”, as used in i Section 21.2(a) and ii of this section21.2(b), is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeof ten percent (10%) per annum. "The worth, at the time of the award," ”, as referred to in iii of this sectionSection 21.2(c), 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 one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (Emulex Corp /De/)

Termination of Tenant's Right to Possession. Landlord can may terminate Tenant's ’s right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 ’s right to possession. On terminationSuch written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon termination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Rent 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 loss of rent Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Rent for the balance of the term Lease Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result therefrom. "The worth, “worth at the time of the award," as used ” of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate. "The worth, “worth at the time of the award," as ” of the amount referred to in iii of this section, clause (iii) above 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 1%one percent.

Appears in 1 contract

Samples: Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)

Termination of Tenant's Right to Possession. Landlord can may terminate this Lease and Tenant's right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 Lease and Tenant's right to possession. On terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Base Monthly Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Base Monthly Rent 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 loss of rent Base Monthly Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Base Monthly Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Base Monthly Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's defaultfailure to perform Tenant's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "The worth, at the time of award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco worth at the time of the award, plus 1%." of the

Appears in 1 contract

Samples: Lease Agreement (Cinemastar Luxury Theaters Inc)

Termination of Tenant's Right to Possession. Upon any event of default as provided herein above, Landlord can terminate Tenant's ’s right to possession of the premises Premises at any time. No act by Landlord other than giving notice of termination to Tenant shall terminate this leaseLease. Acts of maintenance, efforts to relet the premisesPremises, or the appointment of a receiver on Landlord's ’s initiative to protect Landlord's ’s interest under this lease Lease shall not constitute a termination of Tenant's ’s right to possession. On termination, Landlord has the right to recover from Tenant: i. (a) The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of this leaseLease; ii. (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 Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; iii. (c) The worth, at the time of the 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 loss of rent that Tenant proves could have been reasonably avoided; and iv. (d) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's ’s default. "The worth, at the time of the award," as used in i Article 21-2(a) and ii of this section21-2(b), is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeof ten percent (10%) per annum. "The worth, at the time of the award," as referred to in iii of this sectionArticle 21-2(c), 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 one percent (1%).

Appears in 1 contract

Samples: Standard Form Shopping Center Lease (Pacific Premier Bancorp Inc)

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Termination of Tenant's Right to Possession. Landlord can may terminate Tenant's ’s right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 ’s right to possession. On terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Basic Monthly Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Basic Monthly Rent 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 loss of rent Basic Monthly Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Basic Monthly Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Basic Monthly Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result therefrom. "The worth, “worth at the time of the award," as used ” of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate, as set forth below. "The worth, “worth at the time of the award," as ” of the amount referred to in iii of this section, clause (iii) above 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 1%one percent.

Appears in 1 contract

Samples: Standard Modified Gross Office Lease (Captiva Software Corp)

Termination of Tenant's Right to Possession. In the event of such breach or default by Tenant, Landlord can may terminate Tenant's right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the 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 loss of rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the 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 loss of rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's defaultfailure to perform Tenant's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "The worth, worth at the time of the award," as used of the amounts referred to in i Clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeInterest Rate, as set forth below. The "The worth, worth at the time of the award," as of the amount referred to in iii of this section, Clause (iii) above 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, plus 1%.

Appears in 1 contract

Samples: Single Tenant Fully Net Lease Agreement (Biogen Idec Inc)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the premises at any time. 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: i. 1. The worth, at the time of award, of the unpaid rent that had been earned at the time of termination of this lease; ii2. The worth, at the time of 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; iii3. 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 the loss of rent that Tenant proves could have been reasonably avoided; and iv4. 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 award," as used in i and ii of this section, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of award," as referred to in iii of this section, 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: Telecommunications

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's ’s right to possession of the premises Leased Premises at any timetime subject to applicable law. No act by Landlord other than giving notice to Tenant shall terminate this leaseLease. Acts of maintenance, efforts to relet the premises, Leased Premises or the appointment of a receiver on Landlord's ’s initiative to protect Landlord's ’s interest under this lease Lease shall not constitute a termination of Tenant's ’s right to possession. On terminationtermination of this Lease pursuant to this Paragraph, Landlord has the right to recover from Tenant: i. (A) The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of this leaseLease; ii. (B) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned eared after the date of termination of this lease Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; iii. (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 iv. (D) Any other amount, amount and court costs, necessary as reasonable compensation to compensate Landlord as determined by the court for all detriment proximately caused by Tenant's default’s Default. "The worth, at the time of the award," as used in i (A) and ii (B) of this sectionparagraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of the award," as referred to in iii (c) of this sectionparagraph, 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 (Diedrich Coffee Inc)

Termination of Tenant's Right to Possession. Landlord can may terminate Tenant's right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 terminationSuch written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon termination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Rent 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 loss of rent Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's defaultfailure to perform Tenant's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. "The worth, “worth at the time of the award," as used ” of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate. "The worth, “worth at the time of the award," as ” of the amount referred to in iii of this section, clause (iii) above 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 1%one percent.

Appears in 1 contract

Samples: Office Lease Agreement (Adamis Pharmaceuticals Corp)

Termination of Tenant's Right to Possession. Upon the occurrence of an Event of a Default, Landlord can terminate this Lease and Tenant's ’s right to possession of the premises Premises at any time. No act by Termination under the circumstances set forth in this Section will not occur unless and until Landlord other than giving provides written notice of termination to Tenant shall terminate this leaseTenant. Acts of maintenance, efforts to relet re-let the premisesPremises, or the appointment of a receiver on Landlord's ’s initiative to protect Landlord's ’s interest under this lease Lease shall not constitute a termination of this Lease or of Tenant's ’s right to possession. On termination, Landlord has the right right, in addition to any and all other rights of Landlord hereunder, in equity, or at law, to recover from TenantTenant the following: i. (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 leaseLease; ii. (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 Lease until the time of award exceeds the amount of the loss of rent Rent that Tenant proves could have been reasonably avoided; iii. (c) The worth, at the time of the 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 loss of rent Rent that Tenant proves could have been reasonably avoided; and iv. (d) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's ’s default. "The worth, at the time of the award," as used in i (a) and ii (b) of this sectionSection 14.4, is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeInterest Rate. "The worth, at the time of the award," as referred to in iii (c) of this sectionSection 14.4, 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, award plus one percent (1%).

Appears in 1 contract

Samples: Ground Lease (Hoku Scientific Inc)

Termination of Tenant's Right to Possession. Landlord can may terminate Tenant's right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 terminationSuch written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon termination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Rent 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 loss of rent Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's defaultfailure to perform Tenant's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "The worth, worth at the time of the award," as used of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate. The "The worth, worth at the time of the award," as of the amount referred to in iii of this section, clause (iii) above 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 1%one percent.

Appears in 1 contract

Samples: Modified Gross Office Lease (Bridgepoint Education Inc)

Termination of Tenant's Right to Possession. Landlord can may terminate Tenant's ’s right to possession of the premises Premises at any time. No act time an Event of Default exists, by notifying Tenant in writing that Landlord other than giving notice elects 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 ’s right to possession. On terminationSuch written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon termination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Rent 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 loss of rent Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result there from. "The worth, “worth at the time of the award," as used ” of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate. "The worth, “worth at the time of the award," as ” of the amount referred to in iii of this section, clause (iii) above 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 1%one percent.

Appears in 1 contract

Samples: Sublease (Hollis Eden Pharmaceuticals Inc /De/)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's ’s right to possession of the premises Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this leaseLease, and Tenant hereby irrevocably waives any right otherwise available under any applicable laws to redeem or reinstate this Lease. Acts of maintenance, efforts to relet the premisesPremises, or the appointment of a receiver on Landlord's ’s initiative to protect Landlord's ’s interest under this lease Lease shall not constitute a termination of Tenant's ’s right to possession. On termination, termination Landlord has the right to recover from Tenant: i. (i) The worth, at the time of award, the award of the unpaid rent Rent that had been earned at the time of termination of this leaseLease; (ii. ) The worth, at the time of award, the award of the amount by which the unpaid rent Rent that would have been earned after the date of termination of this lease Lease until the time of award exceeds the amount of the loss of rent Rent that Tenant proves could have been reasonably avoided; (iii. ) The worth, at the time of award, 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 Rent that Tenant proves could have been reasonably avoided; and (iv. ) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default’s Default. "The worth, at the time of the award," as used in i (i) and ii (ii) of this sectionSection 13.02(b), is to be computed by allowing interest at the maximum a rate an individual is permitted by law equal to chargeten percent (10%) per annum. "The worth, at the time of the award," as referred to in iii (iii) of this sectionSection 13.02(b), 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 one percent (1%).

Appears in 1 contract

Samples: Industrial Building Lease (Real Good Food Company, Inc.)

Termination of Tenant's Right to Possession. Landlord can terminate Tenant's ’s right to possession of the premises Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this leaseLease. Acts of maintenance, efforts to relet the premisesPremises, or the appointment of a receiver on Landlord's ’s initiative to protect Landlord's ’s interest under this lease Lease shall not not, by themselves, constitute a termination of Tenant's ’s right to possessionpossession or a termination of this Lease. On terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. (i) The worth, at the time of the award, of the unpaid rent that had been earned owed hereunder at the time of termination of this leaseLease; (ii. ) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned owed hereunder after the date of termination of this lease Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; (iii. ) The worth, at the time of the 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 loss of rent that Tenant proves could have been reasonably avoided; and (iv. ) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's ’s default. "The worth, at the time of the award," as used in i (i) and ii (ii) of this sectionSection, is to be computed by allowing interest at the lesser of eighteen percent (18%) per annum or the maximum rate an individual is permitted by law to charge. "The worth, at the time of the award," as referred to in iii (iii) of this sectionSection, 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 one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (Forevergreen Worldwide Corp)

Termination of Tenant's Right to Possession. Landlord can may terminate Tenant's ’s right to possession of the premises Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving notice elects 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 ’s right to possession. On terminationtermination of this Lease, Landlord has the right to recover from Tenant: i. The worth, Tenant (i) the worth at the time of award, the award of the unpaid rent that Rent which had been earned at the time of termination of this lease; such termination, (ii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent that Rent 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 loss of rent Rent that Tenant proves could have been reasonably avoided; , (iii. The worth, ) the worth at the time of award, the award of the amount by which the unpaid rent Rent for the balance of the term Term after the time of award (had there been no such termination) exceeds the amount of the such loss of rent Rent that Tenant proves could have been be reasonably avoided; and iv. Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result therefrom. "The worth, “worth at the time of the award," as used ” of the amounts referred to in i clauses (i) and ii of this section, (ii) above is to be computed by allowing interest at the maximum rate an individual is permitted by law to chargeDefault Rate, as set forth below. "The worth, “worth at the time of the award," as ” of the amount referred to in iii of this section, clause (iii) above 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 1%one percent.

Appears in 1 contract

Samples: Standard Modified Gross Office Lease (Bakbone Software Inc)

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