Common use of Unpaid Rent Clause in Contracts

Unpaid Rent. Landlord shall have all the rights and remedies of a landlord provided by applicable law (including, without limitation, California Civil Code Section 1951.2), including the right to recover from Tenant: (i) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after the date of termination until the time of award exceeds the amount of loss of rent that Tenant proves could have been reasonably avoided; (iii) 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 have been reasonably avoided; and (iv) any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s default (including, without limitation, the Unamortized Abated Minimum Monthly Rent calculated in accordance with the formula set forth in Section E(2) of the Basic Provisions). The phrase “worth, at the time of award,” as used in (i) and (ii) above, shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus three percent (3%) (the “Lease Interest Rate”).

Unpaid Rent. Landlord shall have all the rights and remedies of a landlord provided by applicable law (including, without limitation, California Civil Code Section 1951.2)law, including the right to recover from Tenant: (ia) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; , (iib) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after the date of termination until the time of award exceeds the amount of loss of rent that Tenant proves could have been reasonably avoided; , (iiic) 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 Tenaxx xxxves could have been reasonably avoided; , and (ivd) any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s default (including, without limitation, the Unamortized Abated Minimum Monthly Rent calculated in accordance with the formula set forth in Section E(2) of the Basic Provisions)Tenaxx'x xefault. The phrase “"worth, at the time of award,” " as used in (ia) and (iib) above, shall be computed at the Applicable Interest Rate on the twenty-fifth (25th) day of the month preceding the date of this Lease, and as used in (c) above, shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus three percent (3%) (the “Lease Interest Rate”).one