Common use of Payment of Damages Clause in Contracts

Payment of Damages. No such expiration or sooner termination of this Lease or of Lessee's right of possession shall relieve Lessee of its liability and obligations under this Lease, all of which shall survive any such expiration or sooner termination. In the event of any such expiration or sooner termination, Lessee will pay to Lessor the Basic Rent and all Additional Rent and other sums required to be paid by Lessee up to the time of such expiration or sooner termination, and thereafter Lessee, until the end of what would have been the term of this Lease in the absence of such expiration or sooner termination, and whether or not the Property or any part thereof shall have been relet, shall be liable to Lessor for, and shall pay to Lessor, as and for liquidated and agreed current damages for Lessee's default, the Basic Rent and all Additional Rent and other sums which would be payable thereafter under this Lease by Lessee, less the net proceeds, if any, of any reletting effected for the account of Lessee pursuant to Section 7.02(a) during the period which would otherwise have constituted the balance of the term of this Lease, after deducting all of Lessor's reasonable expenses in connection with such reletting, including (without limitation) all repossession costs, brokerage commissions, attorneys' fees, expenses of employees, costs incurred in alterations to the Improvements required in connection with the reletting of the Property for use by another lessee and expenses of preparation for such reletting. Lessee will pay such amounts to Lessor monthly on the days on which such Basic Rent, Additional Rent and all other sums would have been payable under this Lease, and Lessor shall be entitled to recover the same from Lessee on each such day.

Payment of Damages. No such expiration or sooner termination of this Lease or of Lessee's right of possession shall relieve Lessee of its liability and obligations under this Lease, all of which shall survive any such expiration or sooner termination. In the event of any such expiration or sooner termination, Lessee will pay to Lessor the Basic Rent and all Additional Rent and other sums required to be paid by Lessee up to the time of such expiration or sooner termination, and thereafter Lessee, until the end of what would have been the term of this Lease in the absence of such expiration or sooner termination, and whether or not the Property or any part thereof shall have been relet, shall be liable to Lessor for, and The indemnifying party shall pay to Lessorthe indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this Agreement, such payment to be made within five (5) business days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable judgment of a court of competent jurisdiction. Each of Regency, Regency Sub and HEP agrees on its behalf and on behalf of its respective equity owners, directors, managers, officers, employees, agents and representatives, to treat any Damages or other payments pursuant to this Article 11 as an adjustment to the Cash Purchase Price for all Tax purposes unless otherwise required by applicable law. If the indemnified party is a Regency Party, such Regency Party shall be entitled to payment under this Section 11.7 from the Escrow Account under the Escrow Agreement, to the extent Purchase Price Units remain in such Escrow Account at such time, or from the Diamond Y Escrow Account, to the extent funds remain in the Diamond Y Escrow Account at such time, as applicable. If a Regency Party is entitled to payment from the Escrow Account pursuant to the preceding sentence, then, subject to the terms of the Escrow Agreement, within five (5) business days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable judgment of a court of competent jurisdiction, such Regency Party and for liquidated and agreed current damages for Lessee's default, HEP shall provide joint written instructions to the Basic Rent and all Additional Rent and other sums which would be payable thereafter under this Lease by Lessee, less Escrow Agent as to (i) the net proceedsnumber of Purchase Price Units, if any, to be sold by the Escrow Agent on behalf of any reletting effected for HEP to provide cash proceeds to be disbursed by the account Escrow Agent on behalf of Lessee pursuant HEP to Section 7.02(asuch Regency Party and (ii) during the period which would otherwise have constituted the balance of the term of this Lease, after deducting all of Lessor's reasonable expenses in connection with such reletting, including (without limitation) all repossession costs, brokerage commissions, attorneys' fees, expenses of employees, costs incurred in alterations instructions as to the Improvements required manner in connection with the reletting of the Property for use by another lessee and expenses of preparation for such reletting. Lessee will pay such amounts to Lessor monthly on the days on which such Basic Rent, Additional Rent and all other sums would have been payable under this Lease, and Lessor cash proceeds shall be entitled to recover disbursed by the same from Lessee on each such dayEscrow Agent.

Payment of Damages. No such expiration or sooner termination of this Lease or of Lessee's ’s right of possession shall relieve Lessee of its liability and obligations under this Lease, all of which shall survive any such expiration or sooner termination. In the event of any such expiration or sooner termination, Lessee will pay to Lessor the Basic Rent and all Additional Base Rent and other sums required to be paid by Lessee up to the time of such expiration or sooner termination, and thereafter Lessee, until the end of what would have been the term of this Lease in the absence of such expiration or sooner termination, and whether or not the Property Premises or any part thereof shall have been relet, shall be liable to Lessor for, and shall pay to Lessor, as and for liquidated and agreed current damages for Lessee's ’s default, the Basic Rent and all Additional Base Rent and other sums which would be payable thereafter under this Lease by Lessee, less the net proceeds, if any, of any reletting effected for the account of Lessee pursuant to Section 7.02(a) during the period which would otherwise have constituted the balance of the term of this Lease, after deducting all of Lessor's ’s reasonable expenses in connection with such reletting, including (without limitation) all repossession costs, brokerage commissions, attorneys' ’ fees, expenses of employees, costs incurred in alterations to the Improvements Premises required in connection with the reletting of the Property for use by another lessee and expenses of preparation for such reletting. Lessee will pay such amounts to Lessor monthly on the days on which such Basic Rent, Additional Base Rent and all other sums would have been payable under this Lease, and Lessor shall be entitled to recover the same from Lessee on each such day.

Payment of Damages. No such expiration or sooner In the event of any termination of this Lease or repossession of Lessee's right the Premises or any part thereof by reason of possession an Event of Default by Tenant if Landlord has not elected to accelerate rent, Tenant shall relieve Lessee of its liability and obligations under this Lease, all of which shall survive any such expiration or sooner termination. In the event of any such expiration or sooner termination, Lessee will pay to Lessor Landlord the Basic Rent base rent, additional rent and all Additional Rent and other sums required to be paid by Lessee up Tenant to and including the time date of such expiration termination or sooner terminationrepossession and, and thereafter Lesseethereafter, Tenant shall, until the end of what would have been the expiration of the term of this Lease in the absence of such expiration termination or sooner termination, repossession and whether or not the Property Premises or any part thereof shall have been relet, shall be liable to Lessor Landlord for, and shall pay to LessorLandlord, as and for liquidated and agreed current damages for Lessee's defaultdamages, the Basic Rent and all Additional Rent base annual rent, additional rent and other sums which would be payable thereafter under this Lease by LesseeTenant in the absence of such termination or repossession, less the net proceeds, if any, of any reletting effected for the account of Lessee pursuant to Section 7.02(a) during the period which would otherwise have constituted the balance of the term of this Leasereletting, after deducting from such proceeds all of LessorLandlord's reasonable expenses in connection with such relettingreletting (including, including (without limitation) , all related repossession costs, brokerage commissions, attorneys' fees, expenses of employees, alterations costs incurred in alterations to the Improvements required in connection with the reletting of the Property for use by another lessee and expenses for preparation of preparation for such reletting). Lessee will Tenant shall pay such amounts to Lessor monthly current damages on the days on which such Basic Rent, Additional Rent and all other sums the rent would have been payable under this Lease, Lease in the absence of such termination or repossession and Lessor Landlord shall be entitled to recover the same from Lessee Tenant on each such day.

Payment of Damages. No such expiration or sooner termination of this Lease or of Lessee's ’s right of possession shall relieve Lessee of its liability and obligations under this Lease, all of which shall survive any such expiration or sooner termination. In the event of any such expiration or sooner termination, Lessee will pay to Lessor the Basic Rent and all Additional Rent and other sums required to be paid by Lessee up to the time of such expiration or sooner termination, and thereafter Lessee, until the end of what would have been the term of this Lease in the absence of such expiration or sooner termination, and whether or not the Property Premises or any part thereof shall have been relet, shall be liable to Lessor for, and shall pay to Lessor, as and for liquidated and agreed current damages for Lessee's ’s default, the Basic Rent and all Additional Rent and other sums which would be payable thereafter under this Lease by Lessee, less the net proceeds, if any, of any reletting effected for the account of Lessee pursuant to Section 7.02(a) during the period which would otherwise have constituted the balance of the term of this Lease, after deducting all of Lessor's ’s reasonable expenses in connection with such reletting, including (without limitation) all repossession costs, brokerage commissions, attorneys' ’ fees, expenses of employees, costs incurred in alterations to the Improvements required in connection with the reletting of the Property Premises for use by another lessee and expenses of preparation for such reletting. Lessee will pay such amounts to Lessor monthly on the days on which such Basic Rent, Additional Rent and all other sums would have been payable under this Lease, and Lessor shall be entitled to recover the same from Lessee on each such day.

Payment of Damages. No such expiration or sooner termination of this Lease or of Lessee's Tenant’s right of possession shall will relieve Lessee Tenant of its liability and obligations under this Lease, all of which shall will survive any such expiration or sooner termination. In the event of any such expiration or sooner termination, Lessee Tenant will pay to Lessor the Basic Rent and Landlord all Additional Rent (Extension Rent, if default occurs during the Extension Term) and other sums required to be paid by Lessee Tenant up to the time of such expiration or sooner termination, and thereafter LesseeTenant, until the end of what would have been the term of this then current Lease Term in the absence of such expiration or sooner termination, and whether or not the Property Land or any part thereof shall will have been relet, shall will be liable to Lessor Landlord for, and shall will pay to LessorLandlord, as and for liquidated and agreed current damages for Lessee's Tenant’s default, the Basic Rent and all Additional Rent (Extension Rent, if default occurs during the Extension Term) and other sums which would be payable thereafter under this Lease by LesseeTenant, less the net proceeds, if any, of any reletting effected for the account of Lessee pursuant to Section 7.02(a) during the period which would otherwise have constituted the balance of the term of this Leasethen current Lease Term, after deducting all of Lessor's Landlord’s reasonable expenses in connection with such reletting, including (without limitation) all repossession costs, brokerage commissions, attorneys' fees, expenses of employees, costs incurred in alterations to the Improvements required in connection with the reletting of the Property for use by another lessee and expenses of preparation for such reletting. Lessee Tenant will pay such amounts to Lessor Landlord monthly on the days on which such Basic Additional Rent (Extension Rent, Additional Rent if default occurs during the Extension Term) and all other sums would have been payable under this Lease, and Lessor shall Landlord will be entitled to recover the same from Lessee Tenant on each such day.

Payment of Damages. No such (i) In the event of any expiration or sooner termination of this Lease or repossession of Lessee's right the Premises or any part thereof by reason of possession Tenant’s default, and Landlord has not elected to accelerate rent, Tenant shall relieve Lessee of its liability and obligations under this Lease, all of which shall survive any such expiration or sooner termination. In the event of any such expiration or sooner termination, Lessee will pay to Lessor Landlord the Basic Rent annual rent, additional rent and all Additional Rent and other sums required to be paid by Lessee up Tenant to and including the time date of such expiration or sooner expiration, termination, and thereafter Lesseerepossession and, thereafter, Tenant shall, until the end of what would have been the expiration of the term of this Lease in the absence of such expiration or sooner expiration, termination, repossession and whether or not the Property Premises or any part thereof shall have been relet, shall be liable to Lessor Landlord for, and shall pay to LessorLandlord, as and for liquidated and agreed current damages for Lessee's defaultdamages, the Basic Rent and all Additional Rent annual rent, additional rent and other sums which would be payable thereafter under this Lease by LesseeTenant in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any reletting effected effective for the account of Lessee pursuant to Section 7.02(a) during the period which would otherwise have constituted the balance of the term of this LeaseTenant, after deducting from such proceeds all of Lessor's Landlord’s reasonable expenses in connection with such relettingreletting (including, including (without limitation) , all related repossession costs, brokerage commissions, attorneys' ’ fees, expenses of employees, alterations costs incurred in alterations to the Improvements required in connection with the reletting of the Property for use by another lessee and expenses for preparation of preparation for such reletting). Lessee will Tenant shall pay such amounts to Lessor monthly current damages on the days on which such Basic Rent, Additional Rent and all other sums the rent would have been payable under this LeaseLease in the absence of such expiration, termination, repossession and Lessor Landlord shall be entitled to recover the same from Lessee Tenant on each such day.