Common use of Proximately Caused Damages Clause in Contracts

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys’ fees), incurred by Landlord in (a) retaking possession of the Premises, (b) maintaining the Premises after Tenant’s default, (c) preparing the Premises for reletting to a new tenant, including any repairs or alterations, and (d) reletting the Premises, including brokers’ commissions. “The worth at the time of the award” as used in Sections 19.3.1. and 19.3.2. above, is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individual. “The worth at the time of the award” as used in Section 19.3.3. above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 3 contracts

Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.), Lease (Integrated Alarm Services Group Inc), Lease (Optelecom-Nkf, Inc.)

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Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys’ fees), incurred by Landlord in (a) retaking possession of the Premises, (b) maintaining the Premises after Tenant’s default, (c) preparing the Premises for reletting to a new tenant, including any repairs or alterations, and (d) reletting the Premises, including brokers’ commissions. “The worth at the time of the award” as used in Sections 19.3.1. 19.3.1 and 19.3.2. 19.3.2 above, is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individual. “The worth at the time of the award” as used in Section 19.3.3. 19.3.3 above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one five percent (15%).

Appears in 3 contracts

Samples: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which which, in the ordinary course of things things, would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (ai) retaking possession of the Premises, (bii) maintaining the Premises after Tenant’s 's default, (ciii) preparing the Premises for reletting to a new tenant, including any repairs or alterations, and (div) reletting the Premises, including brokers’ broker's commissions. "The worth at the time of the award" as used in Sections 19.3.1. 26(c)(1) and 19.3.2. 26(c)(2) above, is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individualof Prime plus two percent (2.0%) per annum. "The worth at the time of the award" as used in Section 19.3.3. 26(c)(3) above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (11 %).

Appears in 2 contracts

Samples: Ampersand Medical Corp, Ampersand Medical Corp

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys’ fees), incurred by Landlord in (aI) retaking possession of the Premises, ; (bii) maintaining the Premises after Tenant’s default, ; (ciii) preparing the Premises for reletting to a new tenant, including any repairs or alterations, ; and (div) reletting the Premises, including brokers’ commissions. “The worth at the time of the award” as used in Sections 19.3.1. subsections (a) and 19.3.2. above, (b) above is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individualof ten percent (10%) per annum. “The worth at the time of the award” as used in Section 19.3.3. above, subsection (c) above is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 2 contracts

Samples: Office Lease (Aduro Biotech, Inc.), Office Lease (Aduro Biotech, Inc.)

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys’ fees), incurred by Landlord in (a) retaking possession of the Premises, (b) maintaining the Premises after Tenant’s default, (c) preparing the Premises for reletting to a new tenant, tenant including any repairs or alterations, and (d) reletting the Premises, including brokers’ commissions. “The worth at the time of the award” as used in Sections 19.3.122.3.1. and 19.3.222.3.2. above, is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individual. “The worth at the time of the award” as used in Section 19.3.322.3.2. above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.)

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which which, in the ordinary course of things things, would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys’ fees), incurred by Landlord in (ai) retaking possession of the Premises, (bii) maintaining the Premises after Tenant’s default, (ciii) preparing the Premises for reletting to a new tenant, including any repairs or alterations, and (div) reletting the Premises, including brokers’ broker’s commissions. “The worth at the time of the award” as used in Sections 19.3.1. 26.3 (a) and 19.3.2. 26.3 (b) above, is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individualof Prime plus two percent (2%) per annum. “The worth at the time of the award” as used in Section 19.3.3. 26.3 (c) above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (Cardio Diagnostics Holdings, Inc.)

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Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (a) retaking possession of the Premises, (b) maintaining the Premises after Tenant’s 's default, (c) preparing the Premises for reletting to a new tenant, including any repairs or alterations, and (d) reletting the Premises, including brokers' commissions. "The worth at the time of the award" as used in Sections items 19.3.1. and 19.3.2. above, is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individual. "The worth at the time of the award" as used in Section item 19.3.3. above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (Midwest Medical Insurance Holding Co)

Proximately Caused Damages. Any other amount necessary -------------------------- to compensate Landlord for all detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which in the ordinary course of things would be by likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (a) retaking possession of the Premises, (b) maintaining the Premises after Tenant’s 's default, (c) preparing the Premises for reletting to a new tenant, including any repairs or alterations, and (d) reletting the Premisespremises, including brokers' commissions. "The worth at the time of the award" as used in Sections items 19.3.1. and 19.3.2. above, is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individual. "The worth at the time of the award" as used in Section item 19.3.3. above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Sublease Agreement (Global Maintech Corp)

Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s Xxxxxx's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses (including attorneys' fees), incurred by Landlord in (a) retaking possession of the Premises, (b) maintaining the Premises after Tenant’s 's default, (ce) preparing the Premises for reletting to a new tenant, including any repairs or alterations, and (d) reletting the Premises, including brokers' commissions. "The worth at the time of the award" as used in Sections 19.3.1. and 19.3.2. above, is to be computed by allowing interest at the maximum rate permitted by law to be charged by an individual. "The worth at the time of the award" as used in Section 19.3.3. above, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank situated nearest to the Premises at the time of the award plus one percent (1%).

Appears in 1 contract

Samples: Lease (Sonus Networks Inc)

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