Xxxxxx’x Damages. In any event, and irrespective of any option exercised by Lxxxxx, Lxxxxx agrees to pay and the Lessor shall be entitled to recover all reasonable and verifiable costs and expenses incurred by Lxxxxx, including reasonable attorneys’ fees, paralegal fees and expenses, in connection with collection of Rent or damages or enforcing other rights of Lessor in the event of a breach, default or abandonment by Lessee irrespective of whether or not Lessor elects to terminate this Lease by reason of such a breach, default or abandonment. Lessor’s damages hereunder shall include, without limitation, any loss of Rent prior to or after reletting of the Premises; broker’s commissions; advertising costs; reasonable costs of repairing, cleaning, repainting and remodeling the Premises for reletting; and moving and storage charges incurred by Lessor in moving Lessee’s property and effects from the Premises after termination of this Lease. In the event that any court or governmental authority shall limit any amount which Lessor may be entitled to recover under this paragraph, Lessor shall be entitled to recover the maximum amount permitted under law. Nothing in this Article shall be interpreted to limit Lessor’s recovery from Lessee of the maximum amount permitted under law or of any other sums or damages which Lessor may be entitled to so recover in addition to the damages set forth herein. Lessee hereby expressly waives any and all rights of redemption, if any, granted by or under any present or future law in the event Lessee shall be evicted or dispossessed for any cause, or in the event Lessor shall obtain possession of the Premises by virtue of the provisions of this Lease, or otherwise.
Xxxxxx’x Damages. The parties understand and agree that the City has only agreed to design, construct and complete the Xxxxxxx Improvements because of Developer's covenants to design, develop, construct and complete the TDD Improvements and the balance of the Project and that the City would not design, construct and complete the Xxxxxxx Improvements without Developer's covenants to deliver the various components of the Project on the schedule set forth in Exhibit I. Accordingly, Developer hereby agrees with the City that if it should fail to timely complete construction of that portion of the Retail Space, the Office Space, the Multi-Family Residential, and/or Senior Living components of the Project as and when set forth below, the City shall be irreparably damaged and therefore shall be entitled, as liquidated damages and not as a penalty, to a payment equal to fifty percent (50%) of the amount of the Xxxxxxx Improvement Costs (the "Xxxxxxx Damages"), which Xxxxxxx Damages shall be paid to the City on or before December 31, 2024 (the "Xxxxxxx Damages Deadline").
Xxxxxx’x Damages. In the event of any condemnation or taking as aforesaid, whether whole or partial, Lessee shall not be entitled to any part of the award paid for condemnation and Lessor is to receive the full amount of such award. Lessee hereby expressly waives any rights or claim to any part thereof.
Xxxxxx’x Damages. (1) The damages which Lessor shall be entitled to recover from Lessee shall be the sum of
Xxxxxx’x Damages. Lessor shall be entitled to the aggregate of following damages (“Lessor’s Damages”), and Lessee shall be liable for and shall pay to Lessor all such Lessor’s Damages (i) all sums due and payable under the Equipment Schedule for all periods up to and including the later of (A) the date an Event of Default has occurred or (B) the date on which Lessor commences an action to enforce its rights under this Agreement; (ii) all costs and expenses incurred by Lessor on account of such default, including, but not limited to, all court costs and reasonable attorney fees; and (iii) all reasonable damages as provided by law, including but not limited to "Liquidated Damages" as defined and set forth below. The aggregate of Lessor’s Damages payable per this subsection 16e shall bear interest at the rate of 18 percent per annum (provided, however, that the interest rate shall not exceed the highest rate allowed by prevailing law) until paid in full, both before and after judgment.
Xxxxxx’x Damages. Lessee shall remain fully liable for and shall pay Lessor for (i) all sums due and payable under the Equipment Schedule for all periods up to and including the date on which Lessor has declared this Agreement to be in default; (ii) all costs and expenses incurred by Lessor on account of such default, including, but not limited to, all court costs and reasonable attorney's fees; and, (iii) all reasonable damages as provided by law (collectively "Lessor's Damages").
