Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the Leased Premises at any time during default. No act by Landlord other than giving notice to Tenant shall terminate this Lease. Landlord's efforts to re-let the Leased Premises shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant: (a) the worth at the time of the award of the unpaid rent that had been earned at the time of the termination of lease; (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 the termination of this Lease until the time of the award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; (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 the award exceeds the amount of loss of rent that Tenant proves could have been reasonably avoided; and (d) courts costs.
Appears in 2 contracts
Samples: Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc)
Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the Leased Premises at any time during while Tenant is in default. No act by Landlord other than giving notice to Tenant shall terminate this Lease. Landlord's Acts of maintenance, efforts to re-let relet the Leased 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: :
(a) the worth The worth, at the time of the award award, of the unpaid rent Rent that had been earned at the time of the termination of lease; this Lease;
(b) the worth The worth, at the time of the award award, of the amount by which the unpaid rent Rent that would have been earned after the date of the termination of this Lease until the time of the award exceeds the amount of the loss of rent Rent that Tenant proves could have been reasonably avoided; ;
(c) the worth The worth, at the time of the award award, of the amount by which the unpaid rent Rent for the balance of the term after the time of the award exceeds the amount of the loss of rent Rent that Tenant proves could have been reasonably avoided; and and
(d) courts Any other amount, and court costs, necessary to compensate Landlord for all detriment approximately caused by Tenant's default. The worth, at the time of the award 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.
Appears in 1 contract
Samples: Lease Agreement (GigOptix, Inc.)
Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the Leased Premises at any time during default. No act by Landlord other than giving notice to Tenant shall terminate this Lease. Landlord's efforts to re-let the Leased Premises shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant: (a) the worth at the time of the award of the unpaid rent that had been earned at the time of the termination of lease; (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 the termination of this Lease until the time of the award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; (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 the award exceeds the amount of loss of rent that Tenant proves could have been reasonably avoided; and (d) courts costs.and
Appears in 1 contract
Termination of Tenant's Right to Possession. Landlord can terminate Tenant's right to possession of the Leased Premises premises at any time during default. No act by Landlord other than giving notice to Tenant shall terminate this Lease. Landlord's efforts to re-let the Leased Premises premises shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant: (a) the worth at the time of the award of the unpaid rent that had been earned at the time of the termination of lease; (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 the termination of this Lease until the time of the award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; (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 the award exceeds the amount of loss of rent that Tenant proves could have been reasonably avoided; and (d) courts costs.
Appears in 1 contract
Samples: Lease Agreement (Esoft Inc)