Common use of Termination of Lease Clause in Contracts

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%).

Appears in 3 contracts

Samples: Commencement Date Agreement (Boomer Holdings, Inc.), Lease Agreement (Boomer Holdings, Inc.), Lease Agreement (Boomer Holdings, Inc.)

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Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (iiwithout limitation Reletting Expenses described in Section 20(b) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)below.

Appears in 3 contracts

Samples: Acquisition Agreement (CleanTech Biofuels, Inc.), Acquisition Agreement (CleanTech Biofuels, Inc.), Lease Agreement

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Appears in 3 contracts

Samples: Lease Agreement, This Lease Agreement (iCap Vault 1, LLC), This Lease Agreement (iCap Vault 1, LLC)

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: (a) The the worth at the time of award of any unpaid rental which had been earned at the time of the termination, ; plus rental which had been earned at the time of the termination; plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, ; plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, ; plus (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations obligation under this Lease or which, in the which ordinary course of things, things would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) any leasing commissionscommission, or (v) any other costs necessary or appropriate to relet the Premises, .; plus (e) at Landlord's ’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaCalifornia. As used in subparagraphs Subsection (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph Subsections (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center Mojave Airport at the time of award plus one percent (1%).

Appears in 2 contracts

Samples: Lease Agreement (Social Capital Hedosophia Holdings Corp.), Lease Agreement (Social Capital Hedosophia Holdings Corp.)

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 subparagraphs (ai) or (ciii) aboveof Section 13.1, Landlord may recover from Tenant, as damages, the following: (a) The the worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any all other amounts necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the Premises, including including, but not limited to, reasonable attorneys' fees and court costs therefor, (ii) maintaining or preserving the Premises after any default, or (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (eiv) at Landlord's ’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaApplicable Laws. As used in subparagraphs (a) and (b) aboveof Section 13.2, the "worth at the time of award" is computed by allowing interest at the lesser of the Interest Rate and the maximum lawful rate. As used in subparagraph (c) aboveof Section 13.2, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%).

Appears in 2 contracts

Samples: Lease (Neurocrine Biosciences Inc), Lease (Neurocrine Biosciences Inc)

Termination of Lease. Should Landlord elect may terminate Xxxxxx's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (iiwithout limitation Reletting Expenses described in Section 20(b) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)below.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 19.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaCalifornia. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)[***].

Appears in 2 contracts

Samples: Silicon Entertainment Inc /Ca/, Silicon Entertainment Inc /Ca/

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 subparagraphs (ai) or (ciii) aboveof Section 13.1, Landlord may recover from Tenant, as damages, the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the Premises, including including, but not limited to, reasonable attorneys' fees and court costs therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including including, but not limited to, repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws laws, statutes, ordinances, rules or regulations of the State of NevadaCalifornia. As used in subparagraphs (a) and (b) aboveof Section 13.2, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) aboveof Section 13.2, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center Premises at the time of award plus one percent (1%).

Appears in 2 contracts

Samples: Lease Agreement (Cherokee International Corp), Lease Agreement (Flashcom Inc)

Termination of Lease. Should Landlord elect to terminate In the event of the termination of this Lease pursuant by Landlord as provided for by subparagraph (i) of Section 19(b), Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of Sections 24.1 (a) or (c) abovethis Lease, Landlord which may recover from Tenantbe then owing and unpaid, as damagesand all costs and expenses, the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the 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 including without limitation court costs or and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover an amount equal to the present value (icalculated using a discount rate equal to six percent (6%) retaking possession per annum) of the Premisesaggregate Base Rent payable for the period from the termination date stated in Landlord’s notice terminating this Lease until the date which would have been the Expiration Date but for such termination, including reasonable attorneys' fees therefor, less the present value (iicalculated using a discount rate equal to six percent (6%) maintaining or preserving per annum) of the Premises after any default, (iii) preparing fair rental value of the Premises for the same period (which fair rental value shall be calculated so as to include a reasonable vacancy period for reletting the Premises and deductions for reasonable expenses and inducements incurred by Landlord to a new tenantachieve such reletting, including repairs or alterations to without limitation attorneys’ fees and expenses, brokerage fees, advertising costs, rent abatements, tenant improvement allowances and the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%like).

Appears in 2 contracts

Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: (a) The the worth at the time of award of any unpaid rental which had been earned at the time of the termination, ; plus rental which had been earned at the time of the termination; plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, ; plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, ; plus (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations obligation under this Lease or which, in the which ordinary course of things, things would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) any leasing commissionscommission, or (v) any other costs necessary or appropriate to relet the Premises, ; plus (e) at Landlord's ’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaCalifornia. As used in subparagraphs Subsection (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph Subsections (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center Mojave Airport at the time of award plus one percent (1%).

Appears in 2 contracts

Samples: Lease Agreement (Social Capital Hedosophia Holdings Corp.), Lease Agreement (Social Capital Hedosophia Holdings Corp.)

Termination of Lease. Should Landlord elect to Lessor may terminate this Lease pursuant and all rights -------------------- of Lessee hereunder by giving Lessee written notice that this Lease is terminated, in which event the Term of this Lease shall terminate and all right, title and interest of Lessee hereunder shall expire on the date stated in such notice. Upon such termination, Lessor shall be entitled to recover from Lessee all the fixed dollar amounts of Total Rental accrued and unpaid for the period up to and including such date of termination, as well as all other additional sums payable by Lessee or for which Lessee is liable or in respect of which Lessee has agreed to indemnify Lessor under the provisions of Sections 24.1 this Lease. In addition, Lessor shall be entitled to recover as damages for the loss of the bargain and not as a penalty (ai) or the unamortized cost to Lessor, computed and determined in accordance with generally accepted accounting principles, of the Lessee improvements and alterations, if any, paid for and installed by Lessor pursuant to this Lease, plus (cii) above, Landlord may recover from Tenant, as damages, the following: (a) The worth aggregate sum which at the time of award such termination represents the excess, if any, of any unpaid rental which had been earned the present value of the aggregate Total Rental at the time same annual rate for the remainder of the terminationTerm as then in effect pursuant to the applicable provisions of this Lease, plus (b) over the worth at the time of award then present value of the amount by which the unpaid then aggregate fair total rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award value of the amount by which the unpaid rental Leased Premises for the balance of the Term after Lease Term, such present worth to be computed in each case on the time basis of award exceeds a three percent (3%) per annum discount from the amount of rental loss that Tenant proves could be reasonably avoidedrespective dates upon which such Total Rentals would have been payable hereunder had this Lease not been terminated, plus (diii) any other amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, damages in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premisesaddition thereto, including reasonable attorneys' fees thereforand court costs, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu which Lessor shall have sustained by reason of the foregoing as may be permitted from time to time by the laws breach of any of the State covenants of Nevada. As used in subparagraphs (a) and (b) above, this Lease other than for the "worth at the time payment of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Total Rental.

Appears in 2 contracts

Samples: Lease Agreement (Sequiam Corp), Lease Agreement (Sequiam Corp)

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant by giving Tenant written notice thereof, in which event Tenant shall immediately surrender the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord and Landlord may recover from Tenant, as damages, the following: (ai) The the worth at the time of award of any unpaid rental Rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental such Rent loss Tenant proves reasonably could have been reasonably avoided, ; plus (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term after the time of award exceeds the amount of rental such Rent loss that Tenant proves reasonably could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or therefrom; plus (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's ’s election, any such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadaapplicable California law. As used in subparagraphs clauses (ai) and (bii) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rateDefault Rate. As used in subparagraph clause (ciii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%). Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease. If Landlord elects to proceed under this Section 18(a), Landlord may remove all of Tenant’s property from the Premises (which shall be deemed abandoned by Tenant) and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to the extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as Landlord in its sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which Rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenants obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%Section 21(b).

Appears in 1 contract

Samples: Lease Agreement (Mohawk Industries Inc)

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Appears in 1 contract

Samples: Lease Agreement (Kush Bottles, Inc.)

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord, other than written notice from Landlord to Tenant of termination, shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: ; (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 20b.

Appears in 1 contract

Samples: Lease Agreement (Praecis Pharmaceuticals Inc)

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all reasonable Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 22b.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

Termination of Lease. Should Landlord elect to may, by written notice, terminate this Lease pursuant and recover possession of the Premises. Once Landlord has terminated this Lease, Tenant shall immediately surrender the Premises to the provisions Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: (a) The the worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the Default Rate (as defined below); (b) the worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the Default Rate; (c) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease 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 incurred by Landlord in therefrom; and (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (ve) any other costs necessary or appropriate to relet the Premisesamounts, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Zogenix Inc)

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 20b.

Appears in 1 contract

Samples: Lease Agreement (Healthetech Inc)

Termination of Lease. Should Terminate this Lease, in which event Xxxxxx shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord elect may, without prejudice to terminate this Lease pursuant to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the provisions of Sections 24.1 (a) Premises and expel or (c) aboveremove Xxxxxx and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord may recover from Tenant, as damages, Tenant the following: (a) The worth at the time of award of any unpaid rental rent which had has been earned at the time of the such termination, ; plus (b) the The worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, ; plus (c) the The worth at the time of award of the amount by which the unpaid rental rent for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves could be have been reasonably avoided, ; plus (d) any Any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's Xxxxxx’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 includingtherefrom, specifically including but not limited to, any costs or brokerage commissions and advertising expenses incurred by Landlord in (i) retaking possession incurred, expenses of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving remodeling the Premises after or any default, (iii) preparing the Premises portion thereof for reletting to a new tenant, including repairs whether for the same or alterations a different use, and any special concessions made to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at obtain a new tenant; and At Landlord's ’s election, any such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Appears in 1 contract

Samples: Lease

Termination of Lease. Should Landlord elect to may terminate this Lease pursuant and recover possession of the Premises. Once Landlord has terminated this Lease, Tenant shall immediately surrender the Premises to the provisions Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: (a) The worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (b) the The worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (c) the The worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any Any other amounts amount necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the PremisesLease, including reasonable attorneys' fees thereforbrokerage commissions and advertising expenses, (ii) maintaining or preserving the Premises after any default, (iii) preparing expenses of remodeling the Premises for reletting a new tenant (whether for the same or a different use), and any special concessions made to obtain a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus ; and (e) at Landlord's electionAny other amounts, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Appears in 1 contract

Samples: Office Lease (Inpixon)

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: ; (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would LEASE AGREEMENT (SINGLE TENANT FOR ENTIRE PARCEL - TRIPLE NET) (CONTINUED) have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 20b.

Appears in 1 contract

Samples: Lease Agreement (Pacific Biometrics Inc)

Termination of Lease. Should Landlord elect to may terminate this Lease pursuant and recover possession of the Premises. Once Landlord has terminated this Lease, Tenant shall immediately surrender the Premises to the provisions Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: (a) The the worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (b) the worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (c) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any Any other amounts amount necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the PremisesLease, including reasonable attorneys' fees thereforbrokerage commissions and advertising expenses, (ii) maintaining or preserving the Premises after any default, (iii) preparing expenses of remodeling the Premises for reletting a new tenant (whether for the same or a different use), and any special concessions made to obtain a new tenant, including repairs or alterations to the Premises, ; and (iv) leasing commissions, or (ve) any other costs necessary or appropriate to relet the Premisesamounts, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Appears in 1 contract

Samples: Cayenta Inc

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 21b.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant and all rights of Tenant -------------------- hereunder by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord. In such event Landlord may shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, as damagesbut not limited to, (i) the following: (a) The worth at the time of award of any unpaid rental rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, ; plus (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its Tenant's obligations under this Lease or which, which in the ordinary course of things, events would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, including expenses of reletting, renovation and alteration of the Premises, reasonable attorneys' fees thereforattorney's fees, and any real estate commissions. The "worth at the time of award" for purposes of subsections (i) and (ii) maintaining or preserving above is computed by allowing interest at the Premises after any defaultmaximum legal rate, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph for purposes of subsection (ciii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%).. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the amount specified in this paragraph, or (y) proceeding under the provisions of the following Article 24(b);

Appears in 1 contract

Samples: Basic Lease Information (Netsource Communications Inc)

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon terminations of the Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under the Lease for the balance of Sections 24.1 (a) the Lease Term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses. Landlord shall be entitled collect damages from Tenant monthly on the days on which rent would have been payable under the Lease, or (c) above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth unpaid Rent at the time of award of any termination; ii) unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term after of the time of award exceeds Lease less the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided by Landlord (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus (d1%); and iii) any other amounts amount necessary to fully compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform performs its obligations under this Lease the Lease, or which, in the ordinary course of things, which would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Should Landlord elect to terminate No termination of this Lease pursuant to this Section or repossession of the provisions Premises or any part thereof shall relieve Tenant of Sections 24.1 (a) its liabilities and obligations under this Lease, all of which shall survive any such termination or (c) above, Landlord may recover from Tenantrepossession. Tenant shall pay to Landlord, as damagesand for liquidated and agreed damages for Tenant's default, (i) the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time then present value of the termination, plus (b) the worth at the time of award of the amount rent and other sums and charges to be paid by which the unpaid rental which Tenant until what would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award end of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, term in the ordinary course absence of thingssuch termination or repossession (the "Scheduled Amount"), would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, less (ii) maintaining or preserving the then present value of the net proceeds, if any, of the reletting of the Premises (including any parts thereof), for any periods within such term, after deducting all of Landlord's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, attorney fees, alteration costs and expenses of preparation of such reletting (the "Reletting Amount"). The Tenant shall be entitled to the benefit of all Reletting Amounts, whenever arising or determined, and Landlord shall promptly pay to Tenant any default, (iii) preparing overpayments that are made to Landlord under the prior sentence as additional Reletting Amounts are determined. Landlord shall use reasonable efforts to re-let the Premises for reletting and otherwise mitigate damages. Exercise of any remedy hereunder by the Landlord shall not exclude the right to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) exercise any other costs necessary or appropriate remedy hereunder, but in no event will Landlord be entitled to relet be paid more than once for the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)same loss.

Appears in 1 contract

Samples: Lease (Mercantile Bank Corp)

Termination of Lease. Should Landlord elect Lessor may terminate Lessee's interest under this Lease, but no act by Lessor other than written notice from Lessor to Lessee of termination shall terminate this Lease. This Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Lessee will remain liable to Lessor for damages in an amount equal to the provisions Rent and other sums that would have been owing by Lessee under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Lessor subsequent to the termination, after deducting all Lessor's Reletting Expenses (a) as defined in Section 23.2). Lessor shall be entitled to either collect damages from Lessee monthly on the days on which Rent or (c) aboveother amounts would have been payable under this Lease, Landlord or alternatively, Lessor may accelerate Lessee's obligations under this Lease and recover from Tenant, as damages, the followingLessee: (ai) The worth at the time of award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental Rent loss Tenant that Lessee proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term term of this Lease after the time of award exceeds the amount of rental Rent loss that Tenant Lessee proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord Lessor for all the detriment proximately caused by TenantLessee's failure to perform its obligations under this Lease Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 23.2.

Appears in 1 contract

Samples: Lease Agreement (Getty Images Inc)

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant by giving Tenant written notice thereof, in which event Tenant shall immediately surrender the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord and Landlord may recover from Tenant, as damages, the following: (ai) The the worth at the time of award of any unpaid rental Rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental such Rent loss Tenant proves reasonably could have been reasonably avoided, ; plus (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term after the time of award exceeds the amount of rental such Rent loss that Tenant proves reasonably could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's Xxxxxx’s failure to perform its obligations under this Lease or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or therefrom; plus (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's ’s election, any such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadaapplicable California law. As used in subparagraphs clauses (ai) and (bii) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rateDefault Rate. As used in subparagraph clause (ciii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%). Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Xxxxxx’s right of occupancy of the Premises after any termination of this Lease. If Landlord elects to proceed under this Section 18(a), Landlord may remove all of Tenant’s property from the Premises (which shall be deemed abandoned by Tenant) and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to the extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as Landlord in its sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building, and Landlord shall not be obligated to accept any prospective tenant proposed by Xxxxxx unless such proposed tenant meets all of Landlord’s leasing criteria. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Spruce Biosciences, Inc.)

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 Section 19.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: following (in addition to any other damages recoverable under applicable law): (a) The the worth at the time of award of any unpaid rental which had been earned at the time of the termination, ; plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, ; plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, ; plus (d) any other amounts amount necessary to compensate Landlord for all the 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 therefrom, including, but not limited to, to any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, commissions or (v) any other costs boattree\misc\tierra.lse 27 necessary or appropriate to relet the Premises, ; plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadawhere the Shopping Center is situated. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%).

Appears in 1 contract

Samples: Retail Space Lease (American Marine Recreation Inc)

Termination of Lease. Should If Landlord elect to terminate terminates this Lease pursuant to the provisions of Sections 24.1 (a) or (c) aboveLease, Landlord may recover from Tenant, as damages, Tenant the followingsum of: (ai) The worth at all Base Rent and all other amounts accrued hereunder to the time date of award such termination; (ii) the cost of reletting the whole or any unpaid rental which had been earned at the time part of the terminationPremises, plus including brokerage fees and/or leasing commissions incurred by Landlord (b) provided that Tenant shall not be liable for any portion applicable to the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term period after the time scheduled termination of award exceeds this Lease); (iii) costs of removing and storing Tenant’s or any other occupant’s property; (iv) costs of repairing, altering, remodeling, or otherwise putting the amount of rental loss Premises into the condition that Tenant proves could be reasonably avoided, plus was required to leave it on termination of this Lease; (dv) any other amounts necessary to compensate Landlord for all the 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 reasonable expenses incurred by Landlord in (i) retaking possession of the Premisespursuing its remedies, including reasonable attorneys' fees thereforand court costs; and (vi) the excess of the then present value of the Rent Tenant would have been required to pay to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease (excluding any extension periods), (ii) maintaining or preserving over the Premises after present value of any default, (iii) preparing net amounts Tenant establishes Landlord can reasonably expect to recover by reletting the Premises for reletting to such period, taking into consideration the availability of acceptable tenants and other market conditions affecting leasing. Such present values shall be calculated at a new tenantdiscount rate of ten percent (10%) per annum. However, including repairs or alterations to if in Landlord’s sole and absolute discretion, Landlord disagrees with the Premises, net amounts Tenant established under subsection (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (bvi) above, the "worth at the time of award" subject to Landlord’s duty to mitigate its damages, Landlord may elect to continue to collect Rent as and when Rent is computed by allowing interest at the maximum lawful rate. As used due and not recover from Tenant any amounts described in subparagraph subsection (cvi) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (ROX Financial LP)

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Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 19.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaCalifornia. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%).. 19.3

Appears in 1 contract

Samples: Retail Space Lease (Chicago Pizza & Brewery Inc)

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 clauses (a) or (c) of Section 17.1 above, Landlord may recover from Tenant, as damages, the following: (a) The the worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the 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 (specifically including, but not limited to, any costs or brokerage commissions applicable to the remaining Term of this Lease and advertising expenses incurred by Landlord in (i) retaking possession incurred, reasonably necessary expenses of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving remodeling the Premises after or any default, (iii) preparing the Premises portion thereof for reletting to a new tenant, including repairs whether for the same or alterations a different use, and any special concessions made to the Premisesobtain a new tenant) plus, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaCalifornia. As used in subparagraphs clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rateInterest Rate. As used in subparagraph clause (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center Project at the time of award plus one percent (1%).

Appears in 1 contract

Samples: Lease (Central Coast Bancorp)

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 (a) or (c) aboveSection 15.2(b), Landlord may recover from Tenant, as damages, the following: (a) The the worth at the time of award of any unpaid rental which had has been earned at the time of the termination, ; plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, ; plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of the rental loss that Tenant proves could be reasonably avoided, ; plus (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations obligation under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissionscommission, or or, (v) any other costs necessary or appropriate to relet the Premises, ; plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaCalifornia. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center Building at the time of award plus one percent (1%).

Appears in 1 contract

Samples: Lease Agreement (800 Travel Systems Inc)

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant and all rights of Tenant hereunder by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord. In such event Landlord may shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, as damagesbut not limited to, (i) the following: (a) The worth at the time of award of any unpaid rental rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, ; plus (ciii) the worth at the time of award aware of the amount by which the unpaid rental rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its Tenant's obligations under this Lease or which, which in the ordinary course of things, events would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, including expenses of reletting, renovation and alteration of the Premises, reasonable attorneys' fees thereforattorney's fees, and any real estate commissions. The "worth at the time of award" for purposes of subsections (i) and (ii) maintaining or preserving above is computed by allowing interest at the Premises after any defaultmaximum legal rate, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph for purposes of subsection (ciii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%).. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the amount specified in this paragraph, or (y) proceeding under the provisions of the following Article 24(b);

Appears in 1 contract

Samples: Basic Lease Information (Netsource Communications Inc)

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Should Landlord elect may terminate the Lease and re-enter the Premises and take possession thereof, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease Term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which Rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term of the Lease after the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (d1%)); and (iv) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 21.2.

Appears in 1 contract

Samples: Lease Agreement (Jones Soda Co)

Termination of Lease. Should Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord elect may, without prejudice to terminate this Lease pursuant to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the provisions of Sections 24.1 (a) Premises and expel or (c) aboveremove Tenant and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord may recover from Tenant, as damages, Tenant the following: (a) The worth at the time of award of any unpaid rental rent which had has been earned at the time of the such termination, ; plus (b) the The worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, ; plus (c) the The worth at the time of award of the amount by which the unpaid rental rent for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves could be have been reasonably avoided, ; plus (d) any Any other amounts amount necessary to compensate Landlord for all the 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 includingtherefrom, specifically including but not limited to, any costs or brokerage commissions and advertising expenses incurred by Landlord in (i) retaking possession incurred, expenses of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving remodeling the Premises after or any default, (iii) preparing the Premises portion thereof for reletting to a new tenant, including repairs whether for the same or alterations a different use, and any special concessions made to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at obtain a new tenant; and At Landlord's ’s election, any such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Appears in 1 contract

Samples: Lease

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%Section 20(b).

Appears in 1 contract

Samples: Lease Agreement (Pacific Biometrics Inc)

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 21b.

Appears in 1 contract

Samples: Lease Agreement (Northwest Biotherapeutics Inc)

Termination of Lease. Should Landlord elect to may, by written notice, terminate this Lease pursuant and recover possession of the Premises. Once Landlord has terminated this Lease, Tenant shall immediately surrender the Premises to the provisions Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: (a) The the worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the Default Rate (as defined below); (b) the worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the Default Rate; (c) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease 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 incurred by Landlord in therefrom; and (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (ve) any other costs necessary or appropriate to relet the Premisesamounts, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Collateral Therapeutics Inc)

Termination of Lease. Should If a Default occurs under Article 15.A, Landlord elect shall have the right to terminate this Lease pursuant to Lease, reenter and repossess the provisions of Sections 24.1 (a) Premises by detainer suit or (c) aboveother lawful means, Landlord may and recover from Tenant, Tenant as damages, the followingdamages a sum of money equal to: (a) The the worth at the time of award of any the unpaid rental Rent which had been earned at the time of the termination, plus ; (b) the worth at the time of award of the amount by which the unpaid rental Rent which would world have been earned after termination until the time of the award exceeds the amount of rental such Rent loss that Tenant proves could have been reasonably avoided, plus ; (c) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term after the time of award exceeds the amount of rental such Rent loss that Tenant proves could can reasonably be reasonably avoided, plus ; and (d) any other amounts necessary to compensate Landlord for all the detriment or damages proximately caused by Tenant's failure to perform its obligations under this Lease or which, that in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premisestherefrom, including reasonable attorneys' fees thereforwithout limitation all Costs of Reletting (as defined in Article 15). For purposes of computing the amount of Rent herein that would have accrued after the time of award, (ii) maintaining or preserving Tenant's obligations for Taxes and Insurance shall be projected based upon the Premises after any defaultaverage rate of increase, (iii) preparing if any, in such items from the Premises for reletting to a new tenant, including repairs or alterations to Commencement Date through the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu time of the foregoing as may be permitted from time to time by the laws of the State of Nevadaaward. As used in subparagraphs (a) and (b) above, the The "worth at the time of award" is of the amounts referred to in clauses (a) and (b) shall be computed by allowing interest at the maximum lawful rateDefault Rate (as defined in Article 31). As used in subparagraph (c) above, the The "worth at the time of award" is of the amount referred to in paragraph (c) shall be computed by discounting such amount in accordance with accepted financial practice at the discount rate of the Federal Reserve Bank situated nearest seven percent (7%) per annum to the location of the Shopping Center at the time of award plus one percent (1%)then present value.

Appears in 1 contract

Samples: Maxtor Corp

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord’s Reletting Expenses (a) as defined below). Landlord shall he entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (d1%)); and (iv) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 21.2.

Appears in 1 contract

Samples: Lease Agreement (Imperium Renewables Inc)

Termination of Lease. Should Landlord elect to may terminate this Lease pursuant and recover possession of the Premises. Once Landlord has terminated this Lease, Tenant shall immediately surrender the Premises to the provisions Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: (a) The the worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (b) the worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (c) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any Any other amounts amount necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the PremisesLease, including reasonable attorneys' fees thereforbrokerage commissions and advertising expenses, (ii) maintaining or preserving the Premises after any default, (iii) preparing expenses of remodeling the Premises for reletting a new tenant (whether for the same or a different use), and any special concessions made to obtain a new tenant, including repairs or alterations to the Premises, ; and (iv) leasing commissions, or (ve) any other costs necessary or appropriate to relet the Premisesamounts, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Appears in 1 contract

Samples: Acc Consumer Finance Corp

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 clauses (a) or (c) of Section 17.1 above, . Landlord may recover from Tenant, as damages, the following: (a) The the worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the 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 (specifically including, but not limited to, any costs or brokerage commissions applicable to the remaining Term of this Lease and advertising expenses incurred by Landlord in (i) retaking possession incurred, reasonably necessary expenses of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving remodeling the Premises after or any default, (iii) preparing the Premises portion thereof for reletting to a new tenant, including repairs whether for the same or alterations a different use, and any special concessions made to the Premisesobtain a new tenant) plus, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's ’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaCalifornia. As used in subparagraphs clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rateInterest Rate. As used in subparagraph clause (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center Project at the time of award plus one percent (11 %).

Appears in 1 contract

Samples: Lease (Central Coast Bancorp)

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant and all rights of -------------------- Tenant hereunder by any lawful means, in which case this Lease shall terminate and Xxxxxx shall immediately surrender possession of the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord. In such event Landlord may shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant' s default including, as damagesbut not limited to, (i) the following: (a) The worth at the time of award of any unpaid rental rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, ; plus (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its Tenant's obligations under this Lease or which, which in the ordinary course of things, events would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, including expenses of reletting, renovation and alteration of the Premises, reasonable attorneys' fees thereforattorney's fees, and any real estate commissions actually paid. The "worth at the time of award" for purposes of subsections (i) and (ii) maintaining or preserving above is computed by allowing interest at the Premises after any defaultmaximum legal rate, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph for purposes of subsection (ciii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (11 %).. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the amount specified in this paragraph, (y) proceeding under the provisions of the following Article 24(b), and/or (z) exercise any other remedy allowed by law;

Appears in 1 contract

Samples: Basic Lease Information (Portal Software Inc)

Termination of Lease. Should Landlord elect may terminate Xxxxxx's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Xxxxxx will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions base Rent, additional Rent, and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 22b.

Appears in 1 contract

Samples: Lease Agreement (Virage Logic Corp)

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 clauses (ai) or (ciii) aboveof Section 13.1, Landlord may recover from Tenant, as damages, the following: (a) The the worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the 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 incurred by Landlord in (i) retaking possession of the Premises, including including, but not limited to, reasonable attorneys' fees and court costs therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including including, but not limited to, repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadaapplicable laws. As used in subparagraphs subsections (a) and (b) aboveof this Section 13.2, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph subsection (c) aboveof this Section 13.2, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center Premises at the time of award plus one percent (1%).

Appears in 1 contract

Samples: Sublease (Mindspeed Technologies, Inc)

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