Common use of Final Damages Clause in Contracts

Final Damages. At any time after any such expiration or termination of this Lease or repossession of the Premises or any part thereof by reason of the occurrence of an event of default, whether or not Landlord shall have collected any current damages pursuant to Section 14.4, Landlord shall be entitled to recover from Tenant, and Tenant will pay to Landlord on demand, as XX Xxxxxxxx, LLC – Lightshade Labs, LLC 2014 Commercial Lease 19 of 31 and for liquidated and agreed final damages for Tenant’s default and in lieu of all current damages beyond the date of such demand (it being agreed that it would be impracticable or extremely difficult to fix the actual damages), an amount equal to the excess, if any, of (a) the Rent and other sums which would be payable under this Lease from the date of such demand (or, if it be earlier, the date to which Tenant shall have satisfied in full its obligations under Section 14.4 to pay current damages) through what would be the last day of the Term in the absence of such expiration, termination, or repossession, discounted to present value at an assumed interest rate of five percent (5%) per annum, less (b) the then net rental value of the Premises discounted to present value at an assumed interest rate of five percent (5%) per annum for the same period. Rental value shall be established by reference to the terms and conditions upon which Landlord relets the Premises if such reletting is accomplished within a reasonable period of time after such expiration, termination, or repossession, and otherwise established on the basis of Landlord’s estimates and assumptions of fact regarding market and other relevant circumstances, which shall govern unless shown to be erroneous. If any statute or rule of law shall validly limit the amount of such liquidated final damages to less than the amount above agreed upon, Landlord shall be entitled to the maximum amount allowable under such statute or rule of law.

Final Damages. At any time after any such expiration termination or termination of this Lease or repossession of the Premises or any part thereof by reason of the occurrence of an event of defaultrepossession, whether or not Landlord Lessor shall have collected any current damages pursuant to Section 14.4as aforesaid, Landlord Lessor shall be entitled to recover from Tenant, Lessee and Tenant Lessee will pay to Landlord Lessor on demand, as XX Xxxxxxxx, LLC – Lightshade Labs, LLC 2014 Commercial Lease 19 of 31 and for liquidated and agreed final damages for Tenant’s Lessee's default and in lieu of all current damages beyond the date of such demand (it being agreed that it would be impracticable or extremely difficult to fix the actual damages)demand, an amount equal to the excess, if any, excess of (ai) the all past due Basic Rent and other sums which Additional Rent plus the present value of all Basic Rent and Additional Rent that would be payable under this Lease from the date of such demand (or, if it be earlier, the date to which Tenant Lessee shall have satisfied in full its obligations under Section 14.4 27.3 hereof to pay current damages) through for what would be have been the last day unexpired term of the Term this Lease in the absence of such expiration, termination, repossession or repossessionreletting, discounted to present value at an assumed interest rate of five percent over (5%) per annum, less (bii) the then net rental present value of the Premises discounted to fair market rental for the Property at the date of such demand for what would have been the unexpired term of this Lease in the absence of such termination, repossession or reletting, which present value shall in each case be determined by the application of the discount factor of the Federal Reserve Bank of New York at an assumed interest rate the time of five percent the demand plus one (51%) per annum for the same period. Rental value shall be established by reference to the terms and conditions upon which Landlord relets the Premises if such reletting is accomplished within a reasonable period of time after such expiration, termination, or repossession, and otherwise established on the basis of Landlord’s estimates and assumptions of fact regarding market and other relevant circumstances, which shall govern unless shown to be erroneouspercent. If any statute or rule of law shall validly limit the amount of such liquidated final damages to less than the amount above agreed upon, Landlord Lessor shall be entitled to the maximum amount allowable under such statute or rule of law.

Final Damages. At any time after any such expiration expiration, termination or termination of this Lease or repossession of the Premises or any part thereof by reason of the occurrence of an event of defaultrepossession, whether or not Landlord Lessor shall have collected any current damages pursuant to Section 14.4as aforesaid, Landlord Lessor at its option shall be entitled to recover from Tenant, Lessee and Tenant will Lessee shall pay to Landlord Lessor on demand, as XX Xxxxxxxx, LLC – Lightshade Labs, LLC 2014 Commercial Lease 19 of 31 and for liquidated and agreed final damages for Tenant’s Lessee's default and in lieu of all current damages beyond the date of such demand (it being agreed that it would be impracticable or extremely difficult to fix the actual damages)demand, an amount equal to the excess, if any, of (a) the then present value of the Basic Rent and all other sums (computed on the basis of such other sums paid in the calendar year immediately preceding the date of such expiration, termination or repossession) which would be payable under this Lease from the date of such demand (or, if it be earlier, the date to which Tenant Lessee shall have satisfied in full its obligations under Section 14.4 section 25.2 to pay current damages) through ), for what would be the last day then unexpired term of the Term this Lease in the absence of such expiration, terminationtermination or repossession (excluding all unexercised options to extend), or repossession, discounted to present value at an assumed interest rate of five percent (5%) per annum, less over (b) the then present value of the then fair net rental value of the Leased Premises discounted for the same period (as determined by Lessor, or if Lessee shall object to present such determination within 10 business days after notice thereof is received by Lessee, as determined by arbitration in the manner provided in section 2.2). Present value shall be determined by discounting future amounts at an assumed the prime interest rate of five percent (5%) per annum for the same period. Rental value shall be established by reference to the terms Morgxx Xxxranty Trust Company of New York 105 102 announced and conditions upon which Landlord relets the Premises if such reletting is accomplished within a reasonable period of time after such expiration, termination, or repossession, and otherwise established in effect on the basis date of Landlord’s estimates and assumptions termination of fact regarding market and other relevant circumstances, which shall govern unless shown to be erroneousthis Lease. If any statute or rule of law shall validly limit the amount of such liquidated final damages to less than the amount above agreed upon, Landlord Lessor shall be entitled to the maximum amount allowable under such statute or rule of law, but not in excess of the amount provided by this section 25.3.

Final Damages. At any time after any such expiration or termination of this Lease or repossession of the Premises or any part thereof by reason of the occurrence of an event of default, whether or not Landlord shall have collected any current damages pursuant to Section 14.4, Landlord shall be entitled to recover from Tenant, and Tenant will pay to Landlord on demand, as XX Xxxxxxxx, LLC – Lightshade Labs, LLC 2014 Commercial Lease 19 of 31 and for liquidated and agreed final damages for Tenant’s default and in lieu of all current damages beyond the date of such demand (it being agreed that it would be impracticable or extremely difficult to fix the actual damages), an amount equal to the excess, if any, of (a) the Rent and other sums MJ Havana, LLC - Lightshade Labs, LLC 2014 Commercial Lease Page 20 of 32 which would be payable under this Lease from the date of such demand (or, if it be earlier, the date to which Tenant shall have satisfied in full its obligations under Section 14.4 to pay current damages) through what would be the last day of the Term in the absence of such expiration, termination, or repossession, discounted to present value at an assumed interest rate of five percent (5%) per annum, less (b) the then net rental value of the Premises discounted to present value at an assumed interest rate of five percent (5%) per annum for the same period. Rental value shall be established by reference to the terms and conditions upon which Landlord relets the Premises if such reletting is accomplished within a reasonable period of time after such expiration, termination, or repossession, and otherwise established on the basis of Landlord’s estimates and assumptions of fact regarding market and other relevant circumstances, which shall govern unless shown to be erroneous. If any statute or rule of law shall validly limit the amount of such liquidated final damages to less than the amount above agreed upon, Landlord shall be entitled to the maximum amount allowable under such statute or rule of law.