Common use of Without Termination Clause in Contracts

Without Termination. If Landlord shall not elect to terminate this Lease pursuant to Section 29(b)(iv) above, notwithstanding reentry upon the Premises by Landlord and in addition to and without limiting Landlord’s right to other damages upon the occurrence of an Event of Default, Tenant shall be and remain liable to Landlord in an amount computed as follows (the “Accelerated Rent Component”): (a) an amount equal to the sum of all Rent then in arrears plus the aggregate of all Rent which is payable under this Lease for the balance of the Term, computed as if no Event of Default had occurred and any reentry had not been made (including, without limitation, Tenant’s Proportionate Share of Real Estate Taxes and Operating Expenses which would be owing for the remainder of the Term, as reasonably estimated by Landlord) and, in calculating such aggregate of Rent which is payable under this Lease for the balance of the Term, using a discount rate of six (6%) percent per annum; plus (b) all costs and expenses incurred by Landlord in connection with the Event of Default and any reletting of the Premises, including, without limitation, (i) costs of reentry, repair and renovation, (ii) the value of all inducements granted or paid to new tenants of the Premises in connection with reletting including, without limitation, construction allowances and the value of rent-free periods, (iii) brokers’ commissions and advertising expenses, (iv) watchman’s wages and any sheriffs, marshal’s, constable’s or other officials’ commissions, whether chargeable to Landlord or Tenant, and (v) attorneys’ fees, costs and expenses; plus (c) Interest accrued on the aggregate of the aforesaid sums from the date each was payable (or, with respect to sums owing under clause (b) from the date each was incurred by Landlord) until paid by Tenant (whether before or after judgment); which sum shall be credited with (d) all rentals actually received by Landlord during the remainder of the Term from any replacement tenant to which the Premises are relet.

Appears in 2 contracts

Samples: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)

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Without Termination. If Landlord shall not elect to terminate this Lease pursuant to Section 29(b)(iv) 17.2.2 above, notwithstanding reentry upon the Premises by Landlord and in addition to and without limiting Landlord’s 's right to other damages damages, upon the occurrence of an Event of Default, Default Tenant shall be and remain liable to Landlord in an amount computed as follows (the “Accelerated Rent Component”): follows: (a) an amount equal to the sum of all Rent then in arrears plus the aggregate of all Rent which is payable under this Lease for the balance of the Term, computed as if no Event of Default had occurred and any reentry had not been made (including, without limitation, Tenant’s Proportionate 's Tax Share of Real Estate Taxes and Tenant's Expense Share of Operating Expenses which would be owing for the remainder of the Term, as reasonably estimated by Landlord) and, in calculating such aggregate of Rent which is payable under this Lease for the balance of the Term, using a discount rate of six (6%) percent per annum); plus (b) all costs and expenses incurred by Landlord in connection with the Event of Default and any reletting of the Premises, including, without limitation, (i) costs of reentry, repair and renovation, (ii) the value of all inducements granted or paid to new tenants of the Premises in connection with reletting including, without limitation, construction allowances and the value of rent-free periods, (iii) brokers' commissions and advertising expenses, (iv) watchman’s 's wages and any sheriffssheriff's, marshal’smarshall's, constable’s 's or other officials' commissions, whether chargeable to Landlord or Tenant, and (v) attorneys' fees, costs and expenses; plus (c) Interest interest accrued on the aggregate of the aforesaid sums from the date each was payable (or, with respect to sums owing under clause (b) from the date each was incurred by Landlord) until paid by Tenant (whether before or after judgment)) at the Lease Interest Rate; which sum shall be credited with (d) all rentals actually received by Landlord during the remainder of the Term from any replacement tenant Tenant to which the Premises are relet.

Appears in 2 contracts

Samples: Office Lease (Quality Systems Inc), Office Lease (Real Media Inc)

Without Termination. If Landlord shall not elect to terminate this Lease pursuant to Section 29(b)(iv) above, notwithstanding reentry upon the Premises by Landlord and in addition to and without limiting Landlord’s right to other damages upon the occurrence of an Event of Default, Tenant shall be and remain liable to Landlord in an amount computed as follows (the “Accelerated Rent Component”): (a) an amount equal to the sum of all Rent then in arrears plus the aggregate of all Rent which is payable under this Lease for the balance of the Term, computed as if no Event of Default had occurred and any reentry had not been made (including, without limitation, Tenant’s Proportionate Share of Real Estate Taxes and Operating Expenses which would be owing for the remainder of the Term, as reasonably estimated by Landlord) and), in calculating such aggregate discounted to present value on the date of Rent which is payable under this Lease for payment using the balance of the Term, using a discount rate of six (6%) percent per annumInterest; plus (b) all reasonable costs and expenses incurred by Landlord in connection with the Event of Default and any reletting of the Premises, including, without limitation, (i) reasonable costs of reentry, repair and renovation, (ii) the value of all inducements granted or paid to new tenants of the Premises in connection with reletting including, without limitation, construction allowances and the value of rent-free periods, (iii) brokers’ commissions and advertising expenses, (iv) watchman’s wages and any sheriffs, marshal’sxxxxxxxx’x, constable’s or other officials’ commissions, whether chargeable to Landlord or Tenant, and (v) reasonable attorneys’ fees, costs and expenses; plus (c) Interest accrued on the aggregate of the aforesaid sums from the date each was payable (or, with respect to sums owing under clause (b) from the date each was incurred by Landlord) until paid by Tenant (whether before or after judgment); which sum shall be credited with (d) all rentals actually received by Landlord during the remainder of the Term from any replacement tenant to which the Premises are relet.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Nabriva Therapeutics AG)

Without Termination. If Landlord shall not elect to terminate this Lease pursuant to Section 29(b)(iv) above, notwithstanding reentry upon the Premises by Landlord and in addition to and without limiting Landlord’s right to other damages upon the occurrence of an Event of Default, Tenant shall be and remain liable to Landlord in an amount computed as follows (the “Accelerated Rent Component”): (a) an amount equal to the sum of all Rent then in arrears plus the aggregate of all Rent which is payable under this Lease for the balance of the Term, computed as if no Event of Default had occurred and any reentry had not been made (including, without limitation, Tenant’s Proportionate Share of Real Estate Taxes and Operating Expenses which would be owing for the remainder of the Term, as reasonably estimated by Landlord) and, in calculating such aggregate of Rent which is payable under this Lease for the balance of the Term, using a discount rate of six (6%) percent per annum); plus (b) all reasonable costs and expenses incurred by Landlord in connection with the Event of Default and any reletting of the Premises, including, without limitation, (i) costs of reentry, repair repair, and renovation, (ii) the value of all reasonable, good faith inducements granted or paid to new tenants of the Premises in connection with reletting including, without limitation, construction allowances and the value of rent-free periods, (iii) brokers’ commissions and advertising expenses, (iv) watchman’s wages and any sheriffssheriff’s, marshalmarshall’s, constable’s ’s, or other officials’ commissions, whether chargeable charged to Landlord or TenantLandlord, and (v) reasonable attorneys’ fees, costs costs, and expenses; plus (c) Interest accrued on the aggregate of the aforesaid sums from the date each was payable (or, with respect to sums owing under clause (bSection 29(b) from the date each was incurred by Landlord) until paid by Tenant (whether before or after judgment); which sum shall be credited with (d) all rentals or other sums actually received by Landlord during the remainder of the Term from any replacement tenant to which the Premises are relet.

Appears in 1 contract

Samples: Office Space Lease (Innocoll Holdings PLC)

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Without Termination. If Landlord shall not elect to terminate this Lease pursuant to Section 29(b)(iv) 17.2.2 above, notwithstanding reentry upon the Premises by Landlord and in addition to and without limiting Landlord’s right to other damages damages, upon the occurrence of an Event of Default, Default Tenant shall be and remain liable to Landlord in an amount computed as follows (the “Accelerated Rent Component”): follows: (a) an amount equal to the sum of all Rent then in arrears plus the aggregate of all Rent which is payable under this Lease for the balance of the Term, computed as if no Event of Default had occurred and any reentry had not been made (including, without limitation, Tenant’s Proportionate Tax Share of Real Estate Taxes and Tenant’s Expense Share of Operating Expenses which would be owing for the remainder of the Term, as reasonably estimated by Landlord) and, in calculating such aggregate of Rent which is payable under this Lease for the balance of the Term, using a discount rate of six (6%) percent per annum); plus (b) all costs and expenses incurred by Landlord in connection with the Event of Default and any reletting of the Premises, including, without limitation, (i) costs of reentry, repair and renovation, (ii) the value of all inducements granted or paid to new tenants of the Premises in connection with reletting including, without limitation, construction allowances and the value of rent-free periods, (iii) brokers’ commissions and advertising expenses, (iv) watchman’s wages and any sheriffs, marshal’sxxxxxxxx’x, constable’s or other officials’ commissions, whether chargeable to Landlord or Tenant, and (v) attorneys’ fees, costs and expenses; plus (c) Interest interest accrued on the aggregate of the aforesaid sums from the date each was payable (or, with respect to sums owing under clause (b) from the date each was incurred by Landlord) until paid by Tenant (whether before or after judgment)) at the Lease Interest Rate; which sum shall be credited with (d) all rentals actually received by Landlord during the remainder of the Term from any replacement tenant Tenant to which the Premises are relet.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

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