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

Termination of Tenant's Right to Possession. Port may terminate Tenant's right to possession of the Premises at any time. No act by Port 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 Port's initiative to protect Port's interest under this Lease shall not constitute a termination of Tenant's right to possession. If Port elects to terminate this Lease, Port has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant the following. (a) The worth at the time of award of the unpaid Rent which had been earned at the time of termination; plus (b) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (c) 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 be reasonably avoided; plus (d) Any other amounts necessary to compensate Port for the detriment proximately caused by Tenant's default, or which, in the ordinary course of events, would likely result, including, but not limited to, attorneys' fees and court costs, the costs of carrying the Premises such as repairs, maintenance, taxes and insurance premiums, utilities, security precautions and the reasonable costs and expenses incurred by Port in (i) retaking possession of the Premises; (ii) cleaning and making repairs and alterations necessary to return the Premises to good condition and preparing the Premises for reletting; (iii) removing, transporting and storing any of Tenant's Property left at the Premises (although Port shall have no obligation so to do); and (iv) reletting the Premises, including, without limitation, brokerage commissions, advertising costs and attorneys' fees. Efforts by Port to mitigate the damages caused by Tenant's breach of this Lease do not waive Port's rights to recover damages upon termination.

Termination of Tenant's Right to Possession. Port may terminate Tenant's right to possession of the Premises at any time. No act by Port 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 Port's initiative to protect Port's interest under this Lease shall not constitute a termination of Tenant's right to possession. If Port elects to terminate this Lease, Port has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant the following. (a) The worth at the time of award of the unpaid Rent which had been earned at the time of termination; plus (b) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (c) 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 be reasonably avoided; plus (d) Any other amounts necessary to compensate Port for the detriment proximately caused by Tenant's default, or which, in the ordinary course of events, would likely result, including, but not limited to, attorneys' fees and court costs, the costs of carrying the Premises such as repairs, maintenance, taxes and insurance premiums, utilities, security precautions and the reasonable costs and expenses incurred by Port in (i) retaking possession of the Premises; (ii) cleaning and making repairs and alterations necessary to return the Premises to good condition and preparing the Premises for reletting; (iii) removing, transporting and storing any of Tenant's Property property left at the Premises (although Port shall have no obligation so to do); and (iv) reletting the Premises, including, without limitation, brokerage commissions, advertising costs and attorneys' fees. Efforts by Port to mitigate the damages caused by Tenant's breach of this the Lease do not waive Port's rights to recover damages upon termination.

Termination of Tenant's Right to Possession. Port Landlord may terminate Tenant's right to possession of the Premises at any timetime after Tenant's default or an Event of Default and after expiration of the applicable cure period. No act by Port Landlord other than giving express written notice of termination to Tenant shall will terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on PortLandlord's initiative to protect PortLandlord's interest under this Lease shall will not constitute a termination of Tenant's right to" possession or obligation to possessionpay rent. If Port elects to terminate this LeaseOn termination, Port Landlord has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant the following.Tenant: (a) The worth worth, at the time of award the award, of the unpaid Rent which rent that had been earned at the time of termination; plustermination of this Lease; (b) The worth worth, at the time of award the award, of the amount by which the unpaid Rent which rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of such rental the loss of rent that Tenant proves could have been reasonably avoided; plus; (c) The worth worth, at the time of award the award, of the amount by which the unpaid Rent for rent or the balance of the Term after the time of award exceeds the amount of the loss of Rent rent that Tenant proves could be reasonably avoided; plusand (d) Any other amounts amount, including reasonable attorneys' and/or experts' fees and expenses and court costs, necessary to compensate Port Landlord for the all detriment proximately caused by Tenant's default, or which, in the ordinary course of events, would likely result, including, but not limited to, attorneys' fees and court costs, the costs of carrying the Premises such as repairs, maintenance, taxes and insurance premiums, utilities, security precautions default and the reasonable costs Event of Default. "The worth, at the time of the award," as used in subsections (a) and expenses incurred (b) above, will be computed by Port 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 (ic) retaking possession above, will be computed by discounting the amount at the discount rate of the Premises; (ii) cleaning and making repairs and alterations necessary to return the Premises to good condition and preparing the Premises for reletting; (iii) removing, transporting and storing any Federal Reserve Bank of Tenant's Property left San Francisco at the Premises time of the award, plus one percent (although Port shall have no obligation so to do1 %); and (iv) reletting the Premises, including, without limitation, brokerage commissions, advertising costs and attorneys' fees. Efforts by Port to mitigate the damages caused by Tenant's breach of this Lease do not waive Port's rights to recover damages upon termination.

Termination of Tenant's Right to Possession. Port may Landlord can terminate Tenant's right to possession of the Leased Premises or this Lease or both at any time. No act time after a default by Port other than Tenant by giving notice of termination to Tenant of Landlord's election to do so and such termination shall terminate this Leasebe effective on the date set forth in such notice. Acts of maintenance, efforts to relet the Leased Premises, or the appointment of a receiver on PortLandlord's initiative to protect PortLandlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. If Port elects No act by Landlord other than giving notice to Tenant shall terminate this Lease. On termination of this Lease, Port Landlord has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant Tenant: (i) the following. (a) The worth worth, at the time of award the award, of the unpaid Rent which rent that had been earned at the time of terminationtermination of this Lease; plus (bii) The worth the worth, at the time of award the award, of the amount by which the unpaid Rent which rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of such rental the loss of rent that Tenant proves could have been reasonably avoided; plus (ciii) 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 exceeds the amount of the loss of Rent rent that Tenant proves could be have been reasonably avoided; plus (div) Any any other amounts amount, and court costs, reasonably necessary to compensate Port Landlord for the all detriment proximately caused by Tenant's default, or which, which in the ordinary course of events, things would be likely result, including, but not limited to, attorneys' fees and court costs, the costs of carrying the Premises such as repairs, maintenance, taxes and insurance premiums, utilities, security precautions and the reasonable costs and expenses incurred by Port in (i) retaking possession of the Premises; (ii) cleaning and making repairs and alterations necessary to return the Premises to good condition and preparing the Premises for reletting; (iii) removing, transporting and storing any of Tenant's Property left at the Premises (although Port shall have no obligation so to do); and (iv) reletting the Premisesresult therefrom, including, without limitation, brokerage commissions, advertising costs the unamortized portion of brokers' fees or commissions and reasonable attorneys' feesfees 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," as used in (i) and (ii) above, is to be computed by allowing interest at the Default Interest Rate. Efforts "The worth, at the time of the award," as referred to in (iii), is to be computed by Port to mitigate discounting the damages caused by Tenant's breach amount at the discount rate of this Lease do not waive Port's rights to recover damages upon terminationthe Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%).

Termination of Tenant's Right to Possession. Port Landlord may terminate Tenant's right to possession of the Premises at any time. No act , by Port other than giving notice of termination notifying Tenant in writing that Landlord elects to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Port's initiative to protect Port's interest under this Lease shall not constitute a termination of Tenant's right to possession. If Port elects to terminate 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, Port Landlord has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant (i) the following. (a) The worth at the time of the award of the unpaid Rent which had been earned at the time of such termination; plus , (bii) The 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 rental loss of Rent that Tenant proves could have been reasonably avoided; plus , (ciii) The 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 the such loss of Rent that Tenant proves could be reasonably avoided; plus , and (div) Any any other amounts amount necessary to compensate Port Landlord for the all detriment proximately caused by Tenant's default, failure to perform Tenant's obligations under this Lease or which, in the ordinary course of events, things would be likely result, including, but not limited to, attorneys' fees and court costs, to result therefrom. The “worth at the costs time of carrying the Premises such as repairs, maintenance, taxes and insurance premiums, utilities, security precautions and award” of the reasonable costs and expenses incurred by Port amounts referred to in clauses (i) retaking 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 (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; (ii) cleaning and making repairs and alterations necessary , including that which is owned by or leased to return 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 to good condition (without the necessity of obtaining a distress warrant, writ of sequestration or other legal process and preparing 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 relettingcosts 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; (iii) removingand Tenant agrees to indemnify, transporting defend and storing 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 Property left personal property. The provisions of this Paragraph 25.3 shall additionally apply at the Premises (although Port shall have no obligation so to do); and (iv) reletting the Premises, including, without limitation, brokerage commissions, advertising costs and attorneys' fees. Efforts by Port to mitigate the damages caused by time of Tenant's breach surrender of the Premises pursuant to Paragraph 20.1. The provisions hereof shall survive the termination of this Lease do not waive Port's rights to recover damages upon terminationLease.

Termination of Tenant's Right to Possession. Port Landlord may terminate this Lease and Tenant's right to possession of the Premises at any time. No act , by Port other than giving notice of termination notifying Tenant in writing that Landlord elects to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Port's initiative to protect Port's interest under this Lease shall not constitute a termination of and Tenant's right to possession. If Port elects to terminate On termination of this Lease, Port Landlord has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant (i) the following. (a) The worth at the time of the award of the unpaid Basic Monthly Rent which had been earned at the time of such termination; plus , (bii) The 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 rental loss of Basic Monthly Rent that Tenant proves could have been reasonably avoided; plus , (ciii) The 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 the such loss of Basic Monthly Rent that Tenant proves could be reasonably avoided; plus , and (div) Any any other amounts amount necessary to compensate Port Landlord for the all detriment proximately caused by Tenant's default, failure to perform Tenant's obligations under this Lease or which, in the ordinary course of events, things would be likely result, including, but not limited to, attorneys' fees and court costs, to result therefrom. The "worth at the costs time of carrying the Premises such as repairs, maintenance, taxes and insurance premiums, utilities, security precautions and award" of the reasonable costs and expenses incurred by Port amounts referred to in Clauses (i) retaking possession of the Premises; and (ii) cleaning and making repairs and alterations necessary above is to return be computed by allowing interest at the Premises 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 good condition and preparing the Premises for reletting; in Clause (iii) removing, transporting and storing any of Tenant's Property left above is to be computed by discounting such amount at the Premises (although Port shall have no obligation so to do); and (iv) reletting discount rate of the Premises, including, without limitation, brokerage commissions, advertising costs and attorneys' fees. Efforts by Port to mitigate Federal Reserve Bank of San Francisco at the damages caused by Tenant's breach time of this Lease do not waive Port's rights to recover damages upon terminationaward plus one percent.

Termination of Tenant's Right to Possession. Port Upon an event of breach of this Lease by Tenant, in addition to any other rights or remedies it may terminate Tenant's right 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 Premises at any timeLease area. No 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 Port other than giving notice of termination to Tenant shall terminate this Lease. Acts the State, including, but not limited to, acts of maintenance, efforts to relet re-let and/or assign rights to possession of the PremisesLease area, or the appointment of a receiver on Portthe State's initiative to protect Portthe State's interest under this Lease shall not constitute an acceptance of Tenant’s surrender of the Lease area, or constitute a termination of this Lease or of Tenant's right to possessionpossession of the Lease area. If Port elects to terminate this LeaseUpon such termination, Port the State has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant the following. Tenant: (a) The worth the worth, at the time of award the award, of the unpaid Rent which rentunpaid rent that had been earned at the time of terminationtermination of this Lease; plus (b) The worth the worth, at the time of award the award, of the amount by which the unpaid Rent which rentunpaid rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of such rental loss of 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; plus (c) 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 be reasonably avoided; plus and (d) Any any other amounts amount necessary to compensate Port the State for all the detriment proximately caused by Tenant's defaultfailure to perform its obligations under this Lease, or which, in without limiting the ordinary course generality of eventsthe foregoing, would likely result, including, but not limited to, attorneys' fees and court costs, the costs of carrying the Premises such as repairs, maintenance, taxes and insurance premiums, utilities, security precautions and the reasonable costs includes any cost and expenses incurred by Port the State in (i) retaking recovering possession of the Premises; (ii) cleaning and making repairs and alterations necessary to return Lease area, in maintaining or preserving the Premises to good condition and Lease area after such breach, in preparing the Premises Lease area for reletting; (iii) removinga new Tenant, transporting 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 storing costs of clearing the State's title of any interest of Tenant's Property left at the Premises (although Port shall have no obligation so to do); and (iv) reletting the Premises, including, without limitation, brokerage commissions, advertising costs and attorneys' fees, and any other costs necessary or appropriate to make the Lease area operational by a new Tenant. Efforts “The worth, at the time of the award," as used herein above shall be computed by Port to mitigate allowing interest at the damages caused by Tenant's breach lesser of this Lease do not waive Port's rights to recover damages upon terminationa rate of ten percent (10%) per annum or the maximum legal rate.

Termination of Tenant's Right to Possession. Port Landlord may terminate Tenant's right to possession of the Premises at any time. No act , by Port other than giving notice of termination notifying Tenant in writing that Landlord elects to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Port's initiative to protect Port's interest under this Lease shall not constitute a termination of Tenant's right to possession. If Port elects to terminate On termination of this Lease, Port Landlord has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant the following. (a) The 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; plus , (b) The 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 rental loss of Adjusted Minimum Monthly Rent that Tenant proves could have been reasonably avoided; plus , (c) The 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 the such loss of Adjusted Minimum Monthly Rent that Tenant proves could be reasonably avoided; plus , and (d) Any any other amounts amount necessary to compensate Port Landlord for the all detriment proximately caused by Tenant's default, failure to perform Tenant's obligations under this Lease or which, in the ordinary course of events, things would be likely result, including, but not limited to, attorneys' fees and court costs, to result therefrom. The "worth at the costs of carrying the Premises such as repairs, maintenance, taxes and insurance premiums, utilities, security precautions and the reasonable costs and expenses incurred by Port in (i) retaking possession time of the Premises; award" of the amounts referred to in Clauses (iia) cleaning and making repairs and alterations necessary (b) above is to return the Premises to good condition and preparing the Premises for reletting; (iii) removing, transporting and storing any of Tenant's Property left be computed by allowing interest at the Premises 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 (although Port shall have no obligation so c) above is to do); and (iv) reletting be computed by discounting such amount at the Premises, including, without limitation, brokerage commissions, advertising costs and attorneys' fees. Efforts by Port to mitigate discount rate of the damages caused by Tenant's breach Federal Reserve Bank of this Lease do not waive Port's rights to recover damages upon terminationSan Francisco at the time of award plus one percent.

Termination of Tenant's Right to Possession. Port Landlord may terminate Tenant's ’s right to possession of the Premises at any time. No act , by Port other than giving notice of termination notifying Tenant in writing that Landlord elects to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Port's initiative to protect Port's interest under this Lease shall not constitute a termination of Tenant's ’s right to possession. If Port elects to terminate On termination of this Lease, Port Landlord has the rights and remedies provided by California Civil Code Section 1951.2, including the right to recover from Tenant (i) the following. (a) The worth at the time of the award of the unpaid Basic Monthly Rent which had been earned at the time of such termination; plus , (bii) The 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 rental loss of Basic Monthly Rent that Tenant proves could have been reasonably avoided; plus , (ciii) The 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 the such loss of Basic Monthly Rent that Tenant proves could be reasonably avoided; plus , and (div) Any any other amounts amount necessary to compensate Port Landlord for the all detriment proximately caused by Tenant's default, ’s failure to perform Tenant’s obligations under this Lease or which, in the ordinary course of events, things would be likely result, to result therefrom including, but not limited toto (a) expenses for cleaning, attorneys' repairing or restoring the Premises, (b) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (c) brokers’ fees and court costscommissions, advertising costs and other expenses of reletting the Premises, (d) costs of carrying the Premises such as repairstaxes, maintenance, taxes and insurance premiums, utilitiesutilities and security precautions, security precautions and the reasonable costs and (e) expenses incurred by Port in (i) 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 (i) and (ii) cleaning and making repairs and alterations necessary above is to return be computed by allowing interest at the Premises 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 good condition and preparing the Premises for reletting; in Clause (iii) removing, transporting and storing any of Tenant's Property left above is to be computed by discounting such amount at the Premises (although Port shall have no obligation so to do); and (iv) reletting discount rate of the Premises, including, without limitation, brokerage commissions, advertising costs and attorneys' fees. Efforts by Port to mitigate Federal Reserve Bank of San Francisco at the damages caused by Tenant's breach time of this Lease do not waive Port's rights to recover damages upon terminationaward plus one percent.