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 Leased Premises at any time. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to 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 right to possession. On termination, Landlord has the right to recover from Tenant: 14.2.2.1 The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of this Lease; 14.2.2.2 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 until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; 14.2.2.3 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 14.2.2.4 Any other amount, and court costs, necessary to compensate Landlord or all detriment proximately caused by Tenant’s default. “The worth, at the time of the award”, as used above in Sections 14.2.2.1 and 14.2.2.2, 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 above in Section 14.2.2.3, 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: Option to Lease (Zenlabs Holdings Inc)

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Termination of Tenant's Right to Possession. Landlord can terminate Tenant’s right to possession of the Leased Premises at any time. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to 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 right to possession. On termination, Landlord has the right to recover from Tenant: 14.2.2.1 The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of this Lease; 14.2.2.2 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 until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; 14.2.2.3 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 14.2.2.4 Any other amount, and court costs, necessary to compensate Landlord or all detriment proximately caused by Tenant’s default. “The worth, at the time of the award”, ,” as used above in Sections 14.2.2.1 and 14.2.2.2, 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 above in Section 14.2.2.3, 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 With Purchase Option (Zenlabs Holdings Inc)

Termination of Tenant's Right to Possession. Landlord can may terminate Tenant’s 's right to possession of the Leased Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving written notice elects to Tenant shall terminate this Lease. Acts of maintenance, efforts to 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. On terminationtermination of this Lease, Landlord has the right to recover from Tenant: 14.2.2.1 The worth, Tenant (i) the worth at the time of the award, award of the unpaid rent that Base Rent which had been earned at the time of termination of this Lease; 14.2.2.2 The worthsuch termination, (ii) the worth at the time of the award, award of the amount by which the unpaid rent that Base 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 Rent that Tenant proves could have been reasonably avoided; 14.2.2.3 The worth, (iii) the worth at the time of the award, award of the amount by which the unpaid rent Base 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 Rent that Tenant proves could have been be reasonably avoided; and 14.2.2.4 Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord or 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 above " of the amounts referred to in Sections 14.2.2.1 12.2(c)(i) and 14.2.2.2, 12.2(c)(ii) is to be computed by allowing interest at a rate equal to ten percent (10%) per annum, but in no event greater than the maximum rate an individual is permitted by law to chargeapplicable law. The worth, "worth at the time of the award”, as " of the amount referred to above in Section 14.2.2.3, 12.2(c)(iii) 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 one percent (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)

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Termination of Tenant's Right to Possession. Landlord can may terminate Tenant’s 's right to possession of the Leased Premises at any time. No act , by notifying Tenant in writing that Landlord other than giving written notice elects to Tenant shall terminate this Lease. Acts of maintenance, efforts to 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. On terminationtermination of this Lease, Landlord has the right to recover from Tenant: 14.2.2.1 The worth, Tenant (i) the worth at the time of the award, award of the unpaid rent that Base Rent which had been earned at the time of termination of this Lease; 14.2.2.2 The worthsuch termination, (ii) the worth at the time of the award, award of the amount by which the unpaid rent that Base 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 Rent that Tenant proves could have been reasonably avoided; 14.2.2.3 The worth, (iii) the worth at the time of the award, award of the amount by which the unpaid rent Base 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 Rent that Tenant proves could have been be reasonably avoided; and 14.2.2.4 Any other amount, and court costs, (iv) any other amount necessary to compensate Landlord or 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 above " of the amounts referred to in Sections 14.2.2.1 12.2(c)(i) and 14.2.2.2, 12.2(c)(ii) is to be computed by allowing interest at a rate equal to ten percent (10%) per annum, but in no event greater than the maximum rate an individual is permitted by law to chargeapplicable law. The worth, "worth at the time of the award”, as " of the amount referred to above in Section 14.2.2.3, 12.2(c)(iii) 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 one percent (1%).

Appears in 1 contract

Samples: Office Building Lease (HNC Software Inc/De)

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