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

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such 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 at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’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 at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 4 contracts

Samples: www.sec.gov, Office Lease Agreement (Adamis Pharmaceuticals Corp), Modified Gross Office Lease (Bakbone Software Inc)

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Termination of Tenant's Right to Possession. In the event of such breach or default by Tenant, Landlord may terminate Tenant’s right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Rent rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Rent 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 rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Rent rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’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 at the time of the award” of the amounts referred to in clauses Clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate, as set forth below. The “worth at the time of the award” of the amount referred to in clause Clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percentaward.

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 may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Rent rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Rent 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 rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Rent rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate, as set forth below. The "worth at the time of the award" of the amount referred to in clause Clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award award, plus one percenttwo percent (2%).

Appears in 2 contracts

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

Termination of Tenant's Right to Possession. Landlord may ------------------------------------------- terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Basic Monthly Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Basic Monthly 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 Basic Monthly Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Basic Monthly Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses Clauses (i) and (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 permitted by applicable law. The "worth at the time of the award" of the amount referred to in clause Clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 2 contracts

Samples: Copper Mountain Networks Inc, Copper Mountain Networks Inc

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s right to possession of the Premises at any timetime an Event of Default exists, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such 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 at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result therefromthere from. The “worth at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

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

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such 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 at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 Lease Term after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’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 at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

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

Termination of Tenant's Right to Possession. In the event of such breach or default by Tenant, Landlord may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Rent rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Rent 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 rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Rent rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses Clauses (i) and (ii) above is to be computed by allowing interest at the Default Interest Rate, as set forth below. The "worth at the time of the award" of the amount referred to in clause Clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percentaward.

Appears in 1 contract

Samples: Lease Agreement (Biogen Idec Inc)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Base Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Base Rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Base 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 Base Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Base Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses (iSections 12.2(c)(i) and (ii12.2(c)(ii) above is to be computed by allowing interest at a rate equal to ten percent (10%) per annum, but in no event greater than the Default Ratemaximum rate permitted by applicable law. The "worth at the time of the award" of the amount referred to in clause (iiiSection 12.2(c)(iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percentpercent (1%).

Appears in 1 contract

Samples: Office Lease (HNC Software Inc/De)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Basic Monthly Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Basic Monthly 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 Basic Monthly Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Basic Monthly Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’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 at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate, as set forth below. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

Samples: Office Lease (Captiva Software Corp)

Termination of Tenant's Right to Possession. Landlord may can terminate Tenant’s 's right to possession of the Leased Premises or this Lease or both at any timetime after a default by Tenant by giving notice to Tenant of Landlord's election to do so and such termination shall be effective on the date set forth in such notice. Acts of maintenance, by notifying Tenant in writing that Landlord elects efforts to terminate relet the Leased 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. Such written No act by Landlord other than giving notice will result in the immediate termination of to Tenant shall terminate this Lease upon the date such right of possession is terminatedLease. Upon On termination of this Lease, Landlord has the right to recover from Tenant Tenant: (i) the worth worth, at the time of the award award, of the unpaid Rent which rent that had been earned at the time of such termination, termination of this Lease; (ii) the worth worth, at the time of the award award, of the amount by which the unpaid Rent which rent that would have been earned after such the date of termination of this Lease until the time of award exceeds the amount of such the loss of Rent rent that Tenant proves could have been reasonably avoided, ; (iii) the worth worth, at the time of the award 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 such the loss of Rent rent that Tenant proves could be have been reasonably avoided, and ; (iv) any other amount amount, and court costs, reasonably necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease 's default, or which in the ordinary course of things would be likely to result therefrom. The “worth , including, without limitation, the unamortized portion of brokers' fees or commissions and reasonable attorneys' fees incurred by Landlord in connection with the negotiation and execution of the Lease with Tenant; and (v) "the worth, at the time of the award” of the amounts referred to ," as used in clauses (i) and (ii) above above, is to be computed by allowing interest at the Default Interest Rate. "The “worth worth, at the time of the award” of the amount ," as referred to in clause (iii) above ), is to be computed by discounting such the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award the award, plus one percentpercent (1%).

Appears in 1 contract

Samples: Terremark Worldwide Inc

Termination of Tenant's Right to Possession. Landlord may terminate this Lease and Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate this Lease and Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Basic Monthly Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Basic Monthly 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 Basic Monthly Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Basic Monthly Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses Clauses (i) and (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 permitted by applicable law. The "worth at the time of the award" of the amount referred to in clause Clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

Samples: Lightspan Partnership Inc

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such 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 at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The “worth at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

Samples: Office Lease Agreement (Adamis Pharmaceuticals Corp)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such 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 at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’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 at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

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

Termination of Tenant's Right to Possession. Landlord Upon an event of breach of this Lease by Tenant, in addition to any other rights or remedies it may terminate have, the State may give Tenant a three-day notice to cure the breach or quit the Lease area. If Tenant fails to do either, the State may bring a statutory proceeding in unlawful detainer to regain possession of the Lease area. Any notice give by the State pursuant to this paragraphSection does not constitute a termination of this Lease unless expressly so declared by the State in the notice. In the absence of written notice from the State, no act by the State, including, but not limited to, acts of maintenance, efforts to re-let and/or assign rights to possession of the Lease area, or the appointment of a receiver on the State's initiative to protect the State's interest under this Lease shall constitute an acceptance of Tenant’s surrender of the Lease area, or constitute a termination of this Lease or of Tenant's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminatedarea. Upon termination of this Leasesuch termination, Landlord the State has the right to recover from Tenant Tenant: (ia) the worth worth, at the time of the award award, of the unpaid Rent which rentunpaid rent that had been earned at the time of such termination, termination of this Lease; (iib) the worth worth, at the time of the award award, of the amount by which the unpaid Rent which rentunpaid rent that would have been earned after such the date of termination of this Lease until the time of the award exceeds the amount of such loss of Rent rent that Tenant proves could have reasonably been avoided; (c) the worth, at the time of the award, of the amount by which the unpaid rentunpaid rent for the balance of the term after the time of the 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, ; and (ivd) any other amount necessary to compensate Landlord the State for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s its obligations under this Lease, which, without limiting the generality of the foregoing, includes any cost and expenses incurred by the State in recovering possession of the Lease area, in maintaining or preserving the Lease area after such breach, in preparing the ordinary course Lease area for a new Tenant, in making any repairs or alterations to the Lease area necessary for a new Tenant, in making any repairs or alterations to the Lease area, and costs of things would be likely clearing the State's title of any interest of Tenant, commissions, attorneys' fees, and any other costs necessary or appropriate to result therefrommake the Lease area operational by a new Tenant. The “worth worth, at the time of the award” of the amounts referred to in clauses (i) and (ii) ," as used herein above is to shall be computed by allowing interest at the Default Rate. The “worth at the time lesser of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount a rate of ten percent (10%) per annum or the Federal Reserve Bank of San Francisco at the time of award plus one percentmaximum legal rate.

Appears in 1 contract

Samples: nrm.dfg.ca.gov

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Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Base Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Base Rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Base 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 Base Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Base Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses (iSections 12.2(c)(i) and (ii12.2(c)(ii) above is to be computed by allowing interest at a rate equal to ten percent (10%) per annum, but in no event greater than the Default Ratemaximum rate permitted by applicable law. The "worth at the time of the award" of the amount referred to in clause (iiiSection 12.2(c)(iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percentpercent (1%), but in no event greater than the maximum rate permitted by applicable law.

Appears in 1 contract

Samples: Office Building Lease (Fair Isaac & Company Inc)

Termination of Tenant's Right to Possession. Landlord may terminate this Lease and Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate this Lease and Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Base Monthly Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Base Monthly Rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Base Monthly 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 Base Monthly Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Base Monthly Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.the

Appears in 1 contract

Samples: Lease Agreement (Cinemastar Luxury Theaters Inc)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such 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 at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’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 at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.. Landlord _______________ Tenant ______________

Appears in 1 contract

Samples: Gross Office Lease (BeautyKind Holdings, Inc.)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such 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 at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The “worth at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percentpercent (1%). If Landlord takes possession of the Premises pursuant to the authority herein granted, then Landlord shall have the right to keep in place and use all of the furniture, fixtures and equipment at the Premises, including that which is owned by or leased to Tenant at all times prior to any foreclosure thereon by Landlord or repossession thereof by any lessor thereof or third party having a lien thereon. Landlord shall also have the right to remove from the Premises (without the necessity of obtaining a distress warrant, writ of sequestration or other legal process and without being liable for prosecution or any claim for damages therefor) all or any portion of such furniture, fixtures, equipment and other property located thereon and place the same in storage at any place within the county in which the Premises is located or dispose of the same; and in such event, Tenant shall be liable to Landlord for costs incurred by Landlord in connection with such removal, storage, and/or disposal and shall indemnify and hold Landlord harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage and/or disposal. Landlord shall also have the right to relinquish possession of all or any portion of such furniture, fixtures, equipment, and other property to any person ("Claimant.”) claiming to be entitled to possession thereof who presents to Landlord a copy of any instrument purporting to have been executed by Tenant (or any predecessor of Tenant) granting Claimant the right under various circumstances to take possession of such furniture, fixtures, equipment or other property, without the necessity on the part of Landlord to inquire into the authenticity of said instrument and without the necessity of Landlord's making any investigation or inquiry as to the validity of the factual or legal basis upon which Claimant purports to act; and Tenant agrees to indemnify, defend and hold Landlord Parties harmless from all cost, expense, loss, damage, and liability incident to Landlord's relinquishment of possession of all or any portion of such furniture, fixtures, equipment, or other property to Claimant. Should Tenant abandon the Premises and leave property therein, Landlord may elect whether or not to accept the property, liquidate said property and apply the proceeds against any sums due and owing by Tenant, or to dispose of said property, and Tenant waives any claim to such property after any such abandonment. For purposes of the foregoing, Tenant shall be deemed to have abandoned its interest in such property if the same is not removed from the Premises by Tenant within ten days after Landlord's proper demand that Tenant remove same, or within ten days after expiration or earlier termination of this Lease, whichever first occurs. Notwithstanding the foregoing, Landlord shall also be entitled to exercise its rights pursuant to California Civil Code Section 1980 et. seq. with respect to the disposition of Tenant's personal property. The provisions of this Paragraph 25.3 shall additionally apply at the time of Tenant's surrender of the Premises pursuant to Paragraph 20.1. The provisions hereof shall survive the termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Evoke Pharma Inc)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’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 at the time of the award” of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate, as set forth below. The “worth at the time of the award” of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

Samples: Gross Office Lease (Bakbone Software Inc)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Base Monthly Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Base Monthly Rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Base Monthly 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 Base Monthly Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Base Monthly Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s '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" of the amounts referred to in clauses Clauses (i) and (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 permitted by applicable law. The "worth at the time of the award" of the amount referred to in clause Clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

Samples: Lease (Paramark Enterprises Inc)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (ia) the worth at the time of the award of the unpaid Adjusted Minimum Monthly Rent which had been earned at the time of such termination, (iib) the worth at the time of the award of the amount by which the unpaid Rent Adjusted Minimum Monthly rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Adjusted Minimum Monthly Rent that Tenant proves could have been reasonably avoided, (iiic) the worth at the time of the award of the amount by which the unpaid Adjusted Minimum Monthly Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Adjusted Minimum Monthly Rent that Tenant proves could be reasonably avoided, and (ivd) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses Clauses (ia) and (iib) 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 permitted by applicable law. The "worth at the time of the award" of the amount referred to in clause Clause (iiic) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

Samples: Lease (American Residential Investment Trust Inc)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s right to possession. Such written notice will result in the immediate termination of this Lease upon the date such right of possession is terminated. Upon On termination of this Lease, Landlord has the right to recover from Tenant (i) the worth at the time of the award of the unpaid Basic Monthly Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent which would have been earned after such termination until the time of award exceeds the amount of such loss of Basic Monthly 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 Basic Monthly Rent for the balance of the Term after the time of award (had there been no such termination) exceeds the amount of such loss of Basic Monthly Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease or in the ordinary course of things would be likely to result therefromtherefrom including, but not limited to (a) expenses for cleaning, repairing or restoring the Premises, (b) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (c) brokers’ fees and commissions, advertising costs and other expenses of reletting the Premises, (d) costs of carrying the Premises such as taxes, insurance premiums, utilities and security precautions, (e) expenses in retaking possession of the Premises, (f) attorneys’ fees and costs, (g) any unearned brokerage commissions paid in connection with this Lease and (h) reimbursement of any previously waived or abated Rental and/or Additional Rent, and (v) such other amounts in addition to or in lien of the foregoing as may be permitted from time to time under applicable California law. The “worth at the time of the award” of the amounts referred to in clauses Clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate, as set forth below, or if Default Rate is set forth, then at the maximum rate permitted by applicable law. The “worth at the time of the award” of the amount referred to in clause Clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

Samples: Standard Retail Lease (1st Pacific Bancorp)

Termination of Tenant's Right to Possession. Landlord may terminate Tenant’s 's right to possession of the Premises at any time, by notifying Tenant in writing that Landlord elects to terminate Tenant’s 's right to possession. Such 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 at the time of the award of the unpaid Rent which had been earned at the time of such termination, (ii) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after such termination until the time of award exceeds the amount of such 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 after the time of award (had there been no such termination) exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided, and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease or in the ordinary course of things would be likely to result therefrom. The "worth at the time of the award" of the amounts referred to in clauses (i) and (ii) above is to be computed by allowing interest at the Default Rate. The "worth at the time of the award" of the amount referred to in clause (iii) above is to be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent.

Appears in 1 contract

Samples: Attornment Agreement (Bridgepoint Education Inc)

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