Common use of Landlord’s Damages Clause in Contracts

Landlord’s Damages. (i) The damages which Landlord shall be entitled to recover from Tenant shall not exceed the sum of: (A) all Fixed Rent and Additional Rent accrued and unpaid as of the termination date; and (B) (i)all costs and expenses incurred by Landlord in recovering possession of the Premises, including removal and storage of Tenant's property, and (ii) the costs and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Tenant as of the expiration of the Term; and (C) the then discounted present value (as stated in Section 22(a) above) of all Fixed Rent and Additional Rent (to the extent that the amount(s) of Additional Rent has been then determined) otherwise payable by Tenant over the remainder of the Term as reduced to present value. Less deducting from the total determined under subparagraphs (A), (B) and (C) all Rent and all other Additional Rent to the extent determinable as aforesaid, (to the extent that like charges would have been payable by Tenant) which Landlord receives from other tenant(s) by reason of the leasing of the Premises or part during or attributable to any period falling within the otherwise remainder of the Term. The damage sums payable by Tenant under the preceding provisions of this Section 22(c) shall be payable on demand from time to time as the amounts are determined; and if from Landlord's subsequent receipt of rent as aforesaid from reletting, there be

Landlord’s Damages. If Landlord so terminates the Lease, Tenant shall pay Landlord, as damages: (i) The damages A sum which Landlord shall be entitled to recover from Tenant shall not exceed represents any excess of (i) the sum of: (A) all Fixed Rent and Additional Rent accrued and unpaid as aggregate of the termination date; and (B) (i)all costs rent, impositions and expenses incurred by Landlord in recovering possession additional rent for the balance of the Premisesterm if the Lease were not so terminated, including removal and storage of Tenant's property, and over (ii) the costs and expenses net rental value of restoring the Premises demised premises at the effective date of such termination, both discounted at the rate of 5.25 percent per annum; or, at Landlord's option; (ii) Sums equal to the condition in which rent, impositions and additional rent, when the same were to have been surrendered by Tenant as of the expiration of the Term; and (C) the then discounted present value (as stated in Section 22(a) above) of all Fixed Rent and Additional Rent (to the extent that the amount(s) of Additional Rent has been then determined) otherwise payable by Tenant over the remainder of the Term as reduced to present value. Less deducting from the total determined under subparagraphs (A), (B) and (C) all Rent and all other Additional Rent to the extent determinable as aforesaid, (to the extent that like charges would have been payable if not for such termination, less any net rents received by Landlord from any reletting, after deducting all costs incurred in connection with such termination and reletting (but Tenant shall not receive any excess of such net rents over such sums). Nothing herein contained shall place any duty or obligation on the part of Landlord to mitigate Tenant) which 's damages except, Landlord receives from other tenant(s) by reason agrees that it will engage the services of the leasing of an exclusive broker to market the Premises for relet. Landlord may commence actions or part during proceedings to recover such damages or attributable to installments thereof at any period falling within the otherwise remainder of the Termlawful time. The damage sums payable by Tenant under the preceding provisions of this Section 22(c) No provision hereof shall be payable on demand from time construed to time as the amounts are determined; and if from preclude Landlord's subsequent receipt recovery from Tenant of rent as aforesaid from reletting, there beany other damages to which landlord is lawfully entitled.

Landlord’s Damages. If Landlord so terminates the Lease, Tenantshall pay Landlord, as damages: (i) The damages A sum which Landlord shall be entitled to recover from Tenant shall not exceed the sum of: represents any excess of (Ai) all Fixed Rent and Additional Rent accrued and unpaid as theaggregate of the termination date; and (B) (i)all costs rent, impositions and expenses incurred by Landlord in recovering possession additional rent for the balance of theterm if the PremisesLease were not so terminated, including removal and storage of Tenant's property, and over (ii) the costs and expenses net rental valuedetermined in accordance with this Lease of restoring the Premises demised premises at theeffective date of such termination, both discounted at the rate of four (4)percent per annum; or, at Landlord's option; (ii) Sums equal to the condition in which rent, impositions and additionalrent, when the same were to have been surrendered by Tenant as of the expiration of the Term; and (C) the then discounted present value (as stated in Section 22(a) above) of all Fixed Rent and Additional Rent (to the extent that the amount(s) of Additional Rent has been then determined) otherwise payable by Tenant over the remainder of the Term as reduced to present value. Less deducting from the total determined under subparagraphs (A), (B) and (C) all Rent and all other Additional Rent to the extent determinable as aforesaid, (to the extent that like charges would have been payable if not for such termination, lessany net rents received by Landlord from any reletting, after deducting all costsincurred in connection with such termination and reletting (but Tenant shall not receive any excess of such net rents over such sums). Nothing herein contained shall placeany duty or obligation on the part of Landlord to mitigate Tenant) which 's damages.Except, Landlord receives from other tenant(s) by reason agrees that it will engage the services of the leasing of an exclusive brokerto market the Premises for relet. Landlord may commence actions or part during proceedings to recover suchdamages or attributable installments thereof at any lawful time. No provision hereof shall beconstrued to any period falling within the otherwise remainder of the Term. The damage sums payable by Tenant under the preceding provisions of this Section 22(c) shall be payable on demand from time to time as the amounts are determined; and if from preclude Landlord's subsequent receipt recovery from Tenant of rent as aforesaid from reletting, there beany other damages towhich landlord is lawfully entitled.

Landlord’s Damages. If Landlord so terminates the Lease, Tenant shall pay Landlord, as damages: (i) The damages A sum which Landlord shall be entitled to recover from Tenant shall not exceed represents any excess of (i) the sum of: (A) all Fixed Rent and Additional Rent accrued and unpaid as aggregate of the termination date; and (B) (i)all costs rent, impositions and expenses incurred by Landlord in recovering possession additional rent for the balance of the Premisesterm if the Lease were not so terminated, including removal and storage of Tenant's property, and over (ii) the costs and expenses net rental value determined in accordance with this Lease of restoring the Premises demised premises at the effective date of such termination, both discounted at the rate of four (4) percent per annum; or, at Landlord's option; (ii) Sums equal to the condition in which rent, impositions and additional rent, when the same were to have been surrendered by Tenant as of the expiration of the Term; and (C) the then discounted present value (as stated in Section 22(a) above) of all Fixed Rent and Additional Rent (to the extent that the amount(s) of Additional Rent has been then determined) otherwise payable by Tenant over the remainder of the Term as reduced to present value. Less deducting from the total determined under subparagraphs (A), (B) and (C) all Rent and all other Additional Rent to the extent determinable as aforesaid, (to the extent that like charges would have been payable if not for such termination, less any net rents received by Landlord from any reletting, after deducting all costs incurred in connection with such termination and reletting (but Tenant shall not receive any 19 20 October 31, 1997 excess of such net rents over such sums). Nothing herein contained shall place any duty or obligation on the part of Landlord to mitigate Tenant) which 's damages. Except, Landlord receives from other tenant(s) by reason agrees that it will engage the services of the leasing of an exclusive broker to market the Premises for relet. Landlord may commence actions or part during proceedings to recover such damages or attributable to installments thereof at any period falling within the otherwise remainder of the Termlawful time. The damage sums payable by Tenant under the preceding provisions of this Section 22(c) No provision hereof shall be payable on demand from time construed to time as the amounts are determined; and if from preclude Landlord's subsequent receipt recovery from Tenant of rent as aforesaid from reletting, there beany other damages to which landlord is lawfully entitled.