Common use of Calculation of Damages Clause in Contracts

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s default, for the amount of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunder.

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s default, for the amount of the Base Rent and all Additional Rent additional rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent additional rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all Term discounted at a fixed annual interest rate equal to the Federal Funds Prime Rate plus 2%. The Prime Rate shall mean the interest rate per annum as published announced by the Canadian Imperial Bank of Commerce at the principal office of such bank in The Wall Street Journal Calgary, Alberta and reported to the Bank of Canada as its prime rate on the date of Landlord’s election to accelerate the rents hereunder. Whether or not the Lease is terminated, Landlord shall in no way be responsible or liable for any failure to relet the Premises or for any failure to collect any rent upon such reletting.

Calculation of Damages. If The Stockholder Indemnitors shall not be liable under this Lease Article 5 for any Damages relating to any matter to the extent that there is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, included a specific Liability or what would have been reserve relating to such Term matter in the absence of any such eventUnaudited Interim Balance Sheet; provided, that the Stockholder Indemnitors shall be liable for any Damages in excess of the amount stated in the Unaudited Interim Balance Sheet. Parent shall not be liable under this Article 5 for any Damages relating to Landlordany matter to the extent that there is a specific Liability or reserve relating to such matter included in the Parent Financial Statements; provided, as damages that Parent shall be liable for Tenant’s defaultany Damages in excess of the amount stated in the Parent Financial Statements. The Indemnitee shall use commercially reasonable efforts to collect any amounts subject to indemnification pursuant to this Article 5 under applicable insurance policies covering such Damages or from such other Person alleged to have responsibility therefor, for if any, and the amount of the Base Rent and all Additional Rent and other charges which would be any Damages payable under this lease Article 5 by Tenant if this Lease were still in effectan Indemnitor shall be reduced by any amounts actually recovered by the Indemnitee under such insurance policies or from such other Person alleged to be responsible. If an Indemnitee receives any amounts under applicable insurance policies, less or from any other Person alleged to be responsible for any Damages, subsequent to an indemnification payment hereunder, then such Indemnitee shall promptly reimburse the net proceeds of Indemnitors for any reletting of the Premises actually collected payment made or expense incurred by Landlord after deducting all Landlord’s expenses such Indemnitor in connection with providing such relettingindemnification payment in the amount received by the Indemnitee, including, without limitation, net of any expenses reasonably incurred by such Indemnitee in collecting such amount. If the Indemnitee receives any payment from an Indemnitor in respect of any Losses and the Indemnitee could have recovered all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses or a part of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly Losses from a third party based on the days on which underlying claim asserted against the Base Rent and on Indemnitor, the days on which Additional Rent would have been payable Indemnitee shall assign such of its rights to proceed against such third party as are necessary to permit the Stockholders’ Agent, if this Lease were still in effectthe Indemnitee is a Parent Indemnitee, and Landlord shall be entitled or Parent, if the Indemnitee is a Stockholder Indemnitee, to recover from Tenant such damages monthly as third party the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderindemnification payment.

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s default, for the amount of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s out of pocket expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent Additional Rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of less the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation fair market rental value of the Premises for such relettingperiod, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The the Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunder. Whether or not the Lease is terminated, Landlord shall in no way be responsible or liable for any failure to relet the Premises or for any failure to collect any rent upon such reletting.

Calculation of Damages. If In the event that this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end under any of the Termprovisions contained in Section 7.1, or what would have been such Term in the absence of any such event, shall be liable Tenant covenants to pay forthwith to Landlord, as damages for Tenant’s defaultcompensation, the present value of excess of the total rent reserved for the amount residue of the Term over the fair market rental value of the Premises for said residue of the Term. In calculating the rent reserved and the fair market value of the Premises there shall be included, in addition to the Base Rent and all Additional Rent and additional rent, the value of all other charges which would considerations agreed to be payable under this lease paid or performed by Tenant if for said residue. If the Lease is not terminated and only Tenant's right of occupancy is terminated, then Tenant further covenants as an additional and cumulative obligation after any such termination to pay punctually to Landlord all the sums and perform all the obligations which Tenant covenants in this Lease were still to pay and to perform in effect, less the same manner and to the same extent and at the same time as if Tenant's occupancy had not been terminated. In calculating the amounts to be paid by Tenant under the immediately preceding sentence Tenant shall be credited with any amount paid by Tenant to Landlord and also with the net proceeds of any Rent obtained by Landlord by reletting the Premises, after deducting the monthly portion of the Premises actually collected by Landlord after deducting amortization at ten percent (10%) interest per annum of all Landlord’s 's reasonable expenses incurred in connection with such relettingreletting over the term of such new lease, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, fees for legal expenses, reasonable attorneys’ fees, alteration costs services and expenses of preparation of preparing the Premises for such reletting. Tenant shall pay such Landlord is obligated to exercise its best efforts to mitigate Tenant's damages and to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of re-let the Premises on terms that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderare commercially reasonable.

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above8.2 or otherwise, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s 's default, for the amount of the Base Rent and all Additional Rent additional rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s 's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ ' fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) aboveIn lieu of the foregoing computation of damages, Tenant shall be liable Landlord may elect, at its sole option, to pay to Landlord, receive liquidated damages in one payment, as damages for Tenant’s default, an amount payment equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all Term discounted at a fixed annual interest rate equal to the Federal Funds Prime Rate as plus 2%. The Prime Rate shall be the prime rate published in The the Wall Street Journal on the date of Landlord’s 's election to accelerate the rents hereunder. Whether or not the Lease is terminated, Landlord shall in no way be responsible or liable for any failure to relet the Premises or for any failure to collect any rent upon such reletting.

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s default, for the amount of the Base Rent and all Additional Rent additional rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent additional rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all Term discounted at a fixed annual interest rate equal to the Federal Funds Prime Rate as plus 2%. The Prime Rate shall be the prime rate published in The the Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunder. Whether or not the Lease is terminated, Landlord shall in no way be responsible or liable for any failure to relet the Premises or for any failure to collect any rent upon such reletting.

Calculation of Damages. If In the event that this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end under any of the Termprovisions contained in Section 7.1, or what would have been such Term in the absence of any such event, shall be liable Tenant covenants to pay forthwith to Landlord, as damages for Tenant’s defaultcompensation, the present value of excess of the total rent reserved for the amount residue of the Term over the fair market rental value of the Premises for said residue of the Term. In calculating the rent reserved and the fair market value of the Premises there shall be included, in addition to the Base Rent and all Additional Rent and additional rent, the value of all other charges which would considerations agreed to be payable under this lease paid or performed by Tenant if for said residue. If the Lease is not terminated and only Tenant’s right of occupancy is terminated, then Tenant further covenants as an additional and cumulative obligation after any such termination to pay punctually to Landlord all the sums and perform all the obligations which Tenant covenants in this Lease were still to pay and to perform in effect, less the same manner and to the same extent and at the same time as if Tenant’s occupancy had not been terminated. In calculating the amounts to be paid by Tenant under the immediately preceding sentence Tenant shall be credited with any amount paid by Tenant to Landlord and also with the net proceeds of any Rent obtained by Landlord by reletting the Premises, after deducting the monthly portion of the Premises actually collected by Landlord after deducting amortization at ten percent (10%) interest per annum of all Landlord’s reasonable expenses incurred in connection with such relettingreletting over the term of such new lease, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, fees for legal expenses, reasonable attorneys’ fees, alteration costs services and expenses of preparation of preparing the Premises for such reletting. Tenant shall pay such damages Landlord is obligated to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled exercise its best efforts to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for mitigate Tenant’s default, an amount equal damages and to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of re-let the Premises on terms that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderare commercially reasonable.