Common use of Alternatively Clause in Contracts

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration of the original Term demised and the then fair and reasonable rental value of the Premises for the same period. Said Damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damages, the difference between an installment of Fixed Basic Rent and Additional Rent thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six percent (6%) per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law.

Alternatively. in any case where Lessor Landlord has recovered possession of the Premises by reason of LesseeTenant's default, Lessor may Landlord may, at LessorLandlord's option, and at any time thereafter, and without notice or other action by LessorLandlord, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, Tenant as Damages damages for such breach, in addition to such other sums herein agreed to be paid by LesseeTenant, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term demised Term, as the same may have been extended or renewed, and the then fair and reasonable rental value (inclusive of Rent) of the Premises for the same period. Said Damages damages shall become due and payable to Lessor Landlord immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and and, if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment any installments of Fixed Basic Rent and Additional Rent thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six four percent (64%) per annum. Lessee Tenant hereby waives all right of redemption to which Lessee Tenant or any person under Lessee Tenant might be entitled by any law now or hereafter in force. LessorIn the event of any breach or threatened breach by Tenant of any of the agreements, terms, covenants or conditions contained in this Lease, Landlord shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right or remedy allowed at law or in equity or by statute or otherwise as though re-entry, summary dispossess proceedings, and other remedies were not provided for in this Lease. During the pendency of any proceedings brought by Landlord to recover possession by reason of default, Tenant shall continue all money payments required to be made to Landlord, and Landlord may accept such payments for use and occupancy of the Demised Premises. In such event, Tenant waives its right in such proceedings to claim as a defense that the receipt of such money payments by Landlord constitutes a waiver by Landlord of such default. Landlord's remedies hereunder are in addition to any remedy allowed by law.

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration of the original Term demised and the then fair and reasonable rental value of the Premises for the same period. Said Damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damages, the difference between an installment of Fixed Basic Rent and Additional Rent thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six eight percent (68%) per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law.

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and end at any time thereafter, and without notice or of other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent rent and Additional Rent additional rent reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term term demised and the then fair and reasonable rental value of the Premises for the same period. Said Damages damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment any installments of Fixed Basic Rent rent (basic and Additional Rent additional) thereafter becoming due and the fair and reasonable rental value of the Premises premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six percent four (64%) per cent per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law.

Alternatively. in any case where Lessor whether Landlord has recovered possession of the Premises by reason of LesseeTenant's defaultdefault and has not relet the Premises or elected to use the Premises in accordance with the preceding paragraph, Lessor may Landlord may, at LessorLandlord's option, and at any time thereafter, and without notice or other action by LessorLandlord, and without prejudice to any other rights or remedies it might Landlord may have hereunder or at law or equity, become entitled to recover from LesseeTenant, as Damages damages for such breach, in addition to such other sums herein agreed to be paid by LesseeTenant, to the date day of re-entry, expiration and/or dispossess, dispossess an amount equal to the difference between excess, if any, of the Fixed Basic Rent rent and Additional Rent additional rents reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term then term demised and over the then fair and reasonable rental value of the Premises for the same period. Said Damages damages shall become due and payable to Lessor Landlord immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment any installments of Fixed Basic Rent rent (base and Additional Rent additional) thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six percent then ten (610%) percent per annum. Lessee Tenant hereby waives all right of redemption to which Lessee Tenant or any person claiming under Lessee Tenant might be entitled by any law now or hereafter in force. LessorLandlord's remedies hereunder are in addition to any remedy allowed by law. Landlord reserves the right of re-entry in the event of any breach of Tenant of any provisions of the Lease. Nothing contained herein will excuse the Landlord from exercising reasonable efforts to attempt to mitigate damages.

Alternatively. in any case where Lessor has recovered possession of the Premises premises by reason of Lessee's default, Lessor may at Lessor's option, option and at any time thereafter, thereafter and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder hereunder, or at law or equity, equity become entitled to recover from Lessee, Lessee as Damages damages for such breach, breach in addition to such other sums herein agreed to be paid by Lessee, Lessee to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent fixed basic rent and Additional Rent additional rent reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term demised term demised, as the same may have been extended or renewed, and the then fair and reasonable rental value (inclusive of additional rent and fixed basic rent) of the Premises premises for the same period. Said Damages damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, terminated without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment any installments of Fixed Basic Rent fixed basic rent and Additional Rent additional rent thereafter becoming due due, and the fair and reasonable rental value of the Premises premises for the period for which such installment was payable payable, shall be discounted to the date of such default at the rate of not more than six percent four (64%) percent per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law.

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term demised hereof, and the then fair and reasonable rental value of the Premises for the same period. Said Damages damages shall become due and payable to Lessor immediately upon such breach recovery of this Lease possession of the Premises by Lessor and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment of Fixed Basic Rent and Additional Rent thereafter becoming due due, and the fair and reasonable rental value of the Premises for the period for which such installment was payable payable, shall be discounted to the date of such default at the rate of not more than six percent (6%) per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. In addition, in the event of a default which results in Lessor recovering possession of the Premises, Lessor shall be under a duty only to make reasonable efforts to relet the Premises to the extent Lessor does not have other space available for lease within a three (3) mile radius of the Building, in order to mitigate Lessee's damages as provided for in this Article. Lessor's remedies hereunder are in addition to any remedy allowed by law.

Alternatively. in any case ease where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity), become entitled to recover from Lessee, as Damages damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Term Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term demised demised, as the same may have been extended or renewed, and the then fair and reasonable rental value of the Premises for the same period. Said Damages damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment any installments of Fixed Basic Rent rent (basic and Additional Rent additional) thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment installation was payable shall be discounted to the date of such default at the rate of not more than six percent four (64%) percent per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee lessee might be entitled by any law now or hereafter in force. In addition, in the event of a default which results in the Lessor recovering possession of the Demised Premises, Lessor shall be under no duty to mitigate Lessee's damages as provided for in this Section 13. Lessor's remedies hereunder are in addition to any remedy allowed by law. Lessee agrees to pay as Additional Rent, all attorney's fees and other expenses incurred by the Lessor in enforcing any of the obligations under this Lease, this covenant to survive the expiration or sooner termination of this Lease.

Alternatively. in lieu of the remedy provided in subparagraph (a) above, in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration of the original Term demised and the then fair and reasonable rental value of the Premises for the same period. Said Damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damages, the difference between an installment of Fixed Basic Rent and Additional Rent thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six percent (6%) per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law. Lessor will use reasonable commercial efforts to mitigate its damages in the event of Lessee's default, which for purposes of this section shall mean the Premises shall be listed as available for leasing.*

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's defaultdefault beyond the expiration of the applicable grace period, Lessor may may, at Lessor's option, option and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might may have hereunder or at law or equity, become entitled to recover from Lessee, as Damages damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, dispossess an amount equal to the difference between the Fixed Basic Rent rent and Additional Rent additional rents reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term term demised and the then fair and reasonable rental value of the Premises for the same period. Said Damages damages shall become due and payable to the Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment any installments of Fixed Basic Rent rent (basic and Additional Rent additional) thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of a three year T-bill. The failure of Owner to xxxet the premises or any parts thereof shall not more than six percent (6%) per annumrelease or affect Tenant's liability for damages. In computing damages there shall be deducted from the net proceeds of any reletting such expenses as Lessor may incur in connection with reletting, such as legal expenses, attorneys' fees, brokerage, advertising, and for keeping the demised premises in good order or for preparing the same for reletting. Owner shall in no event be liable in any way whatsoever for failure to relet the demised premises, or in the event that the demised premises are relet for failure to collect the rent thereof under such reletting. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions in this Lease, lessor shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings, and other remedies were not herein provided for. Lessor's remedies hereunder are in addition to any remedy allowed by law. Lessee hereby waives all right of redemption to which Lessee or any person claiming under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law.

Alternatively. in any case where Lessor Landlord has recovered possession of the Premises by reason of LesseeTenant's default, Lessor Landlord may at LessorLandlord's option, and at any time thereafter, and without notice or other action by LessorLandlord, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from LesseeTenant, as Damages damages for such breach, in addition to such other sums herein agreed to be paid by LesseeTenant, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Term Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term demised demised, as the same may have been extended or renewed, and the then fair and reasonable rental value of the Premises for the same period. Said Damages damages shall become due and payable to Lessor Landlord immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment any installments of Fixed Basic Rent rent (basic and Additional Rent additional) thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six percent four (64%) percent per annum. Lessee Tenant hereby waives all right of redemption to which Lessee Tenant or any person under Lessee Tenant might be entitled by any law now or hereafter in force. LessorIn addition, in the event of a default which results in the Landlord recovering possession of the Demised Premises, Landlord shall be under no duty to mitigate Tenant's damages as provided for in this Section 13. Landlord's remedies hereunder are in addition to any remedy allowed by law. Tenant agrees to pay, as Additional Rent, all attorney's fees and other expenses incurred by the Landlord in enforcing any of the obligations under this Lease, this covenant to survive the expiration or sooner termination of this Lease.

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term demised hereof and the then fair and reasonable rental value of the Premises for the same period. Said Damages damages shall become due and payable to Lessor immediately upon such breach recovery of this Lease possession of the Premises by Lessor and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment of Fixed Basic Rent and Additional Rent thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable payable, shall be discounted to the date of such default at the rate of not more than six percent (6%) per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. In addition, in the event of a default which results in Lessor recovering possession of the Premises, Lessor shall be under a duty only to make reasonable efforts to relet the Premises to the extent Lessor does not have other space available for lease in the Building to mitigate Lessee's damages as provided for in this Article. Lessor's remedies hereunder are in addition to any remedy allowed by law.

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration expiration of the original Term term demised and the then fair and reasonable rental value of the Premises for the same period. Said Damages damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damagesdamages, the difference between an installment any installments of Fixed Basic Rent rent (basic and Additional Rent Additional) thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six percent four (64%) percent per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law. Lessee agrees to pay, as Additional Rent, all reasonable attorney's fees and other expenses incurred by the Lessor in enforcing any of the obligations under this Lease, this covenant to survive the expiration or sooner termination of this Lease.

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration of the original Term demised and the then fair and reasonable rental value of the Premises for the same period. Said Damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damages, the difference between an installment of Fixed Basic Rent and Additional Rent thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six percent (6%) per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law. Lessor shall use commercially reasonable efforts to mitigate damages to the extent required by law.*

Alternatively. in any case where Lessor has recovered possession of the Premises by reason of Lessee's default, Lessor may at Lessor's option, and at any time thereafter, and without notice or other action by Lessor, and without prejudice to any other rights or remedies it might have hereunder or at law or equity, become entitled to recover from Lessee, as Damages for such breach, in addition to such other sums herein agreed to be paid by Lessee, to the date of re-entry, expiration and/or dispossess, an amount equal to the difference between the Fixed Basic Rent and Additional Rent reserved in this Lease from the date of such default to the date of Expiration of the original Term demised and the then fair and reasonable rental value of the Premises for the same period. Said Damages shall become due and payable to Lessor immediately upon such breach of this Lease and without regard to whether this Lease be terminated or not, and if this Lease be terminated, without regard to the manner in which it is terminated. In the computation of such Damages, the difference between an installment of Fixed Basic Rent and Additional Rent thereafter becoming due and the fair and reasonable rental value of the Premises for the period for which such installment was payable shall be discounted to the date of such default at the rate of not more than six percent (6%) per annum. Lessee hereby waives all right of redemption to which Lessee or any person under Lessee might be entitled by any law now or hereafter in force. Lessor's remedies hereunder are in addition to any remedy allowed by law.