Common use of Termination; Re-Entry Clause in Contracts

Termination; Re-Entry. (a) If this Lease and the Term shall expire and come to an end as provided in Article 17 hereof, or by or under any summary proceeding or any other action or proceeding, or if Landlord shall re-enter the Premises as provided in Section 18.1, or by or under any summary proceeding or any other action or proceeding, then, in any of said events: (i) Tenant shall pay to Landlord all Base Rent, Escalation Rent and other items of Rental payable under this Lease by Tenant to Landlord to the date upon which this Lease and the Term shall have expired and come to an end or to the date of re-entry upon the Premises by Landlord, as the case may be, and Tenant shall repay to Landlord all rent abatements, concessions and/or work allowances or reimbursements given to Tenant and brokerage commissions paid by Landlord with respect to this Lease; (ii) Tenant also shall be liable for and shall pay to Landlord, as damages, any deficiency (a "Deficiency") between the Rental for the period which otherwise would have constituted the unexpired portion of the Term had this Lease not been terminated prior to the Fixed Expiration Date, and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of clause (ii) of Section 18.1 (a) for any part of such period (first deducting from the rents collected under any such reletting all of Landlord's expenses in connection with the termination of this Lease, Landlord's re-entry upon the Premises and with such reletting, including, but not limited to, all repossession costs, brokerage commissions, legal expenses, attorneys' fees and disbursements, alteration costs, contribution to work and other expenses of preparing the Premises for such reletting); any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of installments of Base Rent, Landlord shall be entitled to recover from Tenant each monthly Deficiency as the same shall arise, and no suit to collect the amount of the Deficiency for any month shall prejudice Landlord's right to collect the Deficiency for any subsequent month by a similar proceeding; and (iii) whether or not Landlord shall have collected any monthly Deficiency as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord, on demand, in lieu of any further Deficiency as and for liquidated and agreed final damages, a sum equal to the excess of (x) the amount by which the Rental for the period which otherwise would have constituted the unexpired portion of the Term exceeds the then fair and reasonable rental value of the Premises for the same period, over (y) the aggregate amount of Deficiencies theretofore collected by Landlord pursuant to the provisions of clause (a)(ii) of this Section 18.2, which amount shall be discounted to present worth at the U.S. Government Treasury Rate for the term which most closely approximates the remaining Term of the Lease plus fifty (50) basis points; provided, however, if, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, shall have been relet by Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole of the Premises so relet during the term of the reletting. (b) If the Premises, or any part thereof, shall be relet together with other space in the Building, the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this Section 18.2. Tenant shall in no event be entitled to any rents collected or payable under any reletting, whether or not such rents shall exceed the Base Rent reserved in this Lease. Solely for the purposes of this Article 18, the term "Escalation Rent" as used in Section 18.2(a) shall mean the Escalation Rent in effect immediately prior to the Expiration Date, or the date of reentry upon the Premises by Landlord, as the case may be, adjusted to reflect any increase pursuant to the provisions of Article 4 hereof for the Operating Year immediately preceding such event. Nothing contained in Article 17 hereof or this Article 18 shall be deemed to limit or preclude the recovery by Landlord from Tenant of the maximum amount allowed to be obtained as damages by any statute or rule of law, or of any sums or damages to which Landlord may be entitled in addition to the damages set forth in this Section 18.2.

Termination; Re-Entry. (a) 11.2.1 If this Lease Sublease and the Sublease Term shall expire and come to an end as provided in Article 17 10 hereof, or by or under any summary proceeding or any other action or proceeding, or if Landlord Sublandlord shall re-enter the Premises as provided in Section 18.111.1, or by or under any summary proceeding or any other action or proceeding, then, in any of said events: (ia) Tenant Subtenant shall pay to Landlord Sublandlord all Base Rent, Escalation Additional Rent and other items of Rental rent payable under this Lease Sublease by Tenant Subtenant to Landlord Sublandlord to the date upon which this Lease Sublease and the Sublease Term shall have expired and come to an end or to the date of re-entry upon the Premises premises by LandlordSublandlord, as the case may be, and Tenant Subtenant shall repay to Landlord Sublandlord the amounts of all rent abatements, concessions and/or work allowances or reimbursements given to Tenant Subtenant and brokerage commissions paid by Landlord Sublandlord with respect to this LeaseSublease provided that such amounts shall be amortized over the Sublease Term and Subtenant shall only be required to repay the unamortized portion of such amounts; (iib) Tenant Subtenant also shall be liable for and shall pay to LandlordSublandlord, as damages, any deficiency (a "“Deficiency"”) between the Rental Rent for the period which otherwise would have constituted the unexpired portion of the Sublease Term had this Lease Sublease not been terminated prior to the Fixed Expiration Date, and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of clause (iib) of Section 18.1 (a) 11.1.1 for any part of such period (first deducting from the rents collected under any such reletting all of Landlord's Sublandlord’s expenses in connection with the termination of this LeaseSublease, Landlord's Sublandlord’s re-entry upon the Premises premises and with such reletting, including, but not limited to, all repossession costs, brokerage commissions, legal expenses, attorneys' ’ fees and disbursements, alteration costs, contribution to work and other expenses of preparing the Premises premises for such reletting); any such Deficiency deficiency shall be paid in monthly installments by Tenant Subtenant on the days specified in this Lease Sublease for payment of installments of Base Rentbase rent, Landlord Sublandlord shall be entitled to recover from Tenant Subtenant each monthly Deficiency deficiency as the same shall arise, and no suit to collect the amount of the Deficiency deficiency for any month shall prejudice Landlord's Sublandlord’s right to collect the Deficiency deficiency for any subsequent month by a similar proceeding; and (iiic) whether or not Landlord Sublandlord shall have collected any monthly Deficiency deficiency as aforesaid, Landlord Sublandlord shall be entitled to recover from TenantSubtenant, and Tenant Subtenant shall pay to LandlordSublandlord, on demand, in lieu of any further Deficiency deficiency as and for liquidated and agreed final damages, a sum equal to the excess of (x) the amount by which the Rental Rent for the period which otherwise would have constituted the unexpired portion of the Sublease Term exceeds the then fair and reasonable rental value of the Premises premises for the same period, over (y) both discounted to present worth at the base rate less the aggregate amount of Deficiencies deficiencies theretofore collected by Landlord Sublandlord pursuant to the provisions of clause (a)(iib) of this Section 18.2, which amount shall be discounted to present worth at the U.S. Government Treasury Rate 11.2.1 for the term which most closely approximates the remaining Term of the Lease plus fifty (50) basis pointssame period; provided, however, if, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premisespremises, or any part thereof, shall have been relet by Landlord Sublandlord for the period which otherwise would have constituted the unexpired portion of the Sublease Term, or any part thereof, the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole of the Premises premises so relet during the term of the reletting provided such reletting is not to an affiliate of Sublandlord, and if such reletting is to an affiliate of Sublandlord, the amount of rent shall be rebuttably presumed to be the fair and reasonable rental value for such space during the term of the reletting. (b) 11.2.2 If the Premises, or any part thereof, shall be relet together with other space in the Building, the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this Section 18.211.2. Tenant Subtenant shall in no event be entitled to any rents collected or payable under any reletting, whether or not such rents shall exceed the Base Rent reserved in this LeaseSublease. Solely for the purposes of this Article 1811, the term "Escalation Sublease Term “Additional Rent" ” as used in Section 18.2(a11.1.1 (a) shall mean the Escalation Additional Rent in effect immediately prior to the Expiration Date, or the date of reentry upon the Premises by LandlordSublandlord, as the case may be, adjusted to reflect any increase pursuant to the provisions of Article 4 6 hereof for the Operating Sublease Year immediately preceding such event. Nothing contained in Article 17 10 hereof or this Article 18 11 shall be deemed to limit or preclude the recovery by Landlord Sublandlord from Tenant Subtenant of the maximum amount allowed to be obtained as damages by any statute or rule of law, or of any sums or damages to which Landlord Sublandlord may be entitled in addition to the damages set forth in this Section 18.211.2.

Termination; Re-Entry. Upon the happening of any one or more of the --------------------- aforementioned Events of Default (anotwithstanding any license of a former breach of covenant or waiver of the benefit hereof or consent in a former instance), Landlord or Landlord's agents or servants may give to Tenant a notice (hereinafter called "notice of termination") If terminating this Lease on a date specified in such notice of termination (which shall be not less than five (5) days after the date of the mailing of such notice of termination), and this Lease and the Term Lease Term, as well as any and all of the right, title and interest of the Tenant hereunder, shall wholly cease and expire on the date set forth in such notice of termination in the same manner and come with the same force and effect as if such date were the date originally specified herein for the expiration of the Lease Term, and Tenant shall then quit and surrender the Premises to Landlord. Notwithstanding the foregoing, if there shall occur an end Event of Default not cured within any applicable notice and/or cure period provided for in Section 15.1 and if Tenant shall fully cure such Event of Default prior to the date Landlord sends to Tenant a notice of termination under this Section 15.2, Landlord shall be deemed to have accepted such cure; provided, however, that Tenant shall have no right to require Landlord to accept a cure after the date Landlord gives Tenant such a termination notice hereunder. In addition or as provided in Article 17 hereofan alternative to the giving of such notice of termination, Landlord or Landlord's agents or servants may, by or under any summary proceeding or any other suitable action or proceedingproceeding at law, immediately or if Landlord shall at any time thereafter re-enter the Premises as provided in Section 18.1and remove therefrom Tenant, or by or under its agents, employees, servants, licensees, and any summary proceeding subtenants and other persons, and all or any other action of its or proceedingtheir property therefrom, thenand repossess and enjoy the Premises, together with all additions, alterations and improvements thereto; but, in any of said events: (i) event under this Section 15.2, Tenant shall pay to Landlord all Base Rent, Escalation Rent and other items of Rental payable under this Lease by Tenant to Landlord to the date upon which this Lease and the Term shall have expired and come to an end or to the date of remain liable as hereinafter provided. The words "re-entry upon the Premises by Landlord, as the case may be, enter" and Tenant shall repay to Landlord all rent abatements, concessions and/or work allowances or reimbursements given to Tenant and brokerage commissions paid by Landlord with respect to this Lease; (ii) Tenant also shall be liable for and shall pay to Landlord, as damages, any deficiency (a "Deficiency") between the Rental for the period which otherwise would have constituted the unexpired portion of the Term had this Lease not been terminated prior to the Fixed Expiration Date, and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of clause (ii) of Section 18.1 (a) for any part of such period (first deducting from the rents collected under any such reletting all of Landlord's expenses in connection with the termination of this Lease, Landlord's re-entry upon the Premises and with such reletting, including, but not limited to, all repossession costs, brokerage commissions, legal expenses, attorneys' fees and disbursements, alteration costs, contribution to work and other expenses of preparing the Premises for such reletting); any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of installments of Base Rent, Landlord shall be entitled to recover from Tenant each monthly Deficiency as the same shall arise, and no suit to collect the amount of the Deficiency for any month shall prejudice Landlord's right to collect the Deficiency for any subsequent month by a similar proceeding; and (iii) whether or not Landlord shall have collected any monthly Deficiency as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord, on demand, in lieu of any further Deficiency as and for liquidated and agreed final damages, a sum equal to the excess of (x) the amount by which the Rental for the period which otherwise would have constituted the unexpired portion of the Term exceeds the then fair and reasonable rental value of the Premises for the same period, over (y) the aggregate amount of Deficiencies theretofore collected by Landlord pursuant to the provisions of clause (a)(ii) of this Section 18.2, which amount shall be discounted to present worth at the U.S. Government Treasury Rate for the term which most closely approximates the remaining Term of the Lease plus fifty (50) basis points; provided, however, if, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, shall have been relet by Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole of the Premises so relet during the term of the reletting. (b) If the Premises, or any part thereof, shall be relet together with other space in the Building, the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this Section 18.2. Tenant shall in no event be entitled to any rents collected or payable under any reletting, whether or not such rents shall exceed the Base Rent reserved in this Lease. Solely for the purposes of this Article 18, the term "Escalation Rententry" as used in Section 18.2(a) shall mean the Escalation Rent in effect immediately prior to the Expiration Date, or the date of reentry upon the Premises by Landlord, as the case may be, adjusted to reflect any increase pursuant to the provisions of Article 4 hereof for the Operating Year immediately preceding such event. Nothing contained in Article 17 hereof or throughout this Article 18 shall be deemed XV are not restricted to limit or preclude the recovery by Landlord from Tenant of the maximum amount allowed to be obtained as damages by any statute or rule of law, or of any sums or damages to which Landlord may be entitled in addition to the damages set forth in this Section 18.2their technical legal meanings.