Common use of Termination of Right to Possession Clause in Contracts

Termination of Right to Possession. If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease, Landlord shall use commercially reasonable efforts to relet the Premises to another tenant (a "Substitute Tenant") on then market terms which Landlord is then quoting for comparable space in other buildings owned by Landlord in Worldgate Office Park or which Landlord would quote if comparable space is not then available in Worldgate Office Park; provided, however, (i) Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting, (ii) Landlord shall have no obligation to solicit or entertain negotiations with any other prospective tenants for the Premises until Landlord obtains full and complete possession of the Premises; (iii) Landlord shall not be obligated to lease the Premises to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar office uses in comparable buildings in the same market area as the Building, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord's then current leasing policies for comparable space in the Building; (iv) Landlord shall not be obligated to enter into a lease with any proposed tenant whose use would: (1) violate any restriction, covenant or requirement contained in the lease of another tenant of the Building; (2) adversely affect the reputation of the Building; or (3) be incompatible with the operation of the Building as a first class building; and (v) Landlord shall not be obligated to enter into a lease with any proposed Substitute Tenant which does not have, in Landlord's reasonable opinion, sufficient financial resources or operating experience to operate the Premises in a first class manner. Tenant shall reimburse Landlord for the actual costs and expenses (or reasonable estimate thereof) of reletting the Premises, including, but not limited to, all brokerage, advertising, legal, alteration, redecorating, repairing and other expenses reasonably incurred to secure a new tenant for the Premises or portion thereof. In addition, if the consideration collected by Landlord upon any such reletting or sale, after payment of the expenses of reletting, the Premises or sale of the Building which have not been reimbursed by Tenant, is insufficient to pay monthly the full amount of the Rent, Tenant shall pay to Landlord the amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent and pay Landlord for the expenses of reletting, then the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.

Termination of Right to Possession. If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease, Landlord may relet the Premises or any part thereof. If Landlord terminates Tenant's right to possession, but not the Lease, Landlord shall use commercially reasonable efforts to mitigate Tenant's damages as required 38 45 by applicable law and to relet the Premises on such terms as Landlord shall reasonably deem appropriate (and Landlord hereby reaffirms its obligations under applicable law to another tenant (a "Substitute Tenant") on then market terms which Landlord is then quoting for comparable space in other buildings owned by Landlord in Worldgate Office Park or which Landlord would quote if comparable space is not then available in Worldgate Office Parkmitigate damages); provided, however, (i) Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting, (ii) Landlord shall have no obligation to solicit or entertain negotiations with any other prospective tenants for the Premises until Landlord obtains full and complete possession of the Premises; (iii) Landlord shall not be obligated to lease the Premises to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar office uses in comparable buildings in the same market area as the Building, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord's then current leasing policies for comparable space in the Building; (iv) Landlord shall not be obligated to enter into a lease with any proposed tenant whose use would: (1) violate any restriction, covenant or requirement contained in the lease of another tenant of the Building; (2) adversely affect the reputation of the Building; or (3) be incompatible with the operation of the Building as a first class building; and (v) Landlord shall not be obligated to enter into a lease with any proposed Substitute Tenant which does not have, in Landlord's reasonable opinion, sufficient financial resources or operating experience to operate the Premises in a first class manner. Tenant shall reimburse Landlord for the actual costs and expenses (or reasonable estimate thereof) of reletting the Premises, Premises including, but not limited to, all brokerage, advertising, legal, alteration, redecorating, repairing repairs and other expenses reasonably incurred to secure a new tenant for the Premises or portion thereofPremises. In addition, if the consideration collected by Landlord upon any such reletting or salereletting, after payment of the expenses of reletting, reletting the Premises or sale of the Building which have not been reimbursed by Tenant, is insufficient to pay monthly the full amount of the Rent, Tenant shall pay to Landlord the amount of each monthly deficiency as it becomes due. If such the consideration actually received by Landlord is greater than the amount necessary to pay the full amount of the Rent and pay Landlord for the expenses of relettingmonthly Rent, then the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.

Termination of Right to Possession. If Landlord terminates Tenant's ’s right to possession of the Premises without terminating this Lease, Landlord may relet the Premises or any part thereof. In such case, Landlord shall use commercially reasonable efforts to mitigate Tenant’s damages as required by applicable law and to relet the Premises to another tenant (a "Substitute Tenant") on then market such terms which as Landlord is then quoting for comparable space shall reasonably deem appropriate and at such rents as then-prevailing in other buildings owned by Landlord in Worldgate Office Park or which Landlord would quote if comparable space is not then available in Worldgate Office Parkthe Submarket; provided, however, (i) Landlord may first lease Landlord's ’s other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting, (ii) Landlord shall have no obligation to solicit or entertain negotiations with any other prospective tenants for the Premises until Landlord obtains full and complete possession of the Premises; (iii) Landlord shall not be obligated to lease the Premises to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar office uses in comparable buildings in the same market area as the Building, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord's then current leasing policies for comparable space in the Building; (iv) Landlord shall not be obligated to enter into a lease with any proposed tenant whose use would: (1) violate any restriction, covenant or requirement contained in the lease of another tenant of the Building; (2) adversely affect the reputation of the Building; or (3) be incompatible with the operation of the Building as a first class building; and (v) Landlord shall not be obligated to enter into a lease with any proposed Substitute Tenant which does not have, in Landlord's reasonable opinion, sufficient financial resources or operating experience to operate the Premises in a first class manner. Tenant shall reimburse Landlord for the actual reasonable, out-of-pocket costs and expenses (or reasonable estimate thereof) of reletting the Premises, Premises including, but not limited to, all brokerage, advertising, legal, alteration, redecorating, repairing repairs and other expenses reasonably incurred to secure a new tenant for the Premises (collectively, the “Costs of Reletting”); provided, however, if the term for the new tenant extends beyond what would have been the stated expiration date of the Term hereof in the absence of such Default, then such Costs of Reletting shall be amortized over the lease term of any such subsequent tenant, together with an applied interest rate of 6%, and Tenant shall only be liable for such Costs of Reletting (together with applicable interest) for the period attributable to the period through the expiration of the Term (or portion thereofthe date the term would have expired but for a Default and election to terminate the Lease). In addition, if the consideration collected by Landlord upon any such reletting or salereletting, after payment of the expenses of reletting, reletting the Premises or sale of the Building which have not been reimbursed by Tenant, is insufficient to pay monthly the full amount of the Rent, Tenant shall pay to Landlord the amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent and pay Landlord for the expenses of relettingmonthly Rent, then the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.. D.

Termination of Right to Possession. If Landlord terminates Tenant's ’s right to possession of the Premises without terminating this Lease, Landlord may relet the Premises or any part thereof. If Landlord terminates Tenant’s right to possession, but not the Lease, Landlord shall use commercially reasonable efforts to mitigate Tenant’s damages as required by applicable law and to relet the Premises on such terms as Landlord shall reasonably deem appropriate (and Landlord hereby reaffirms its obligations under applicable law to another tenant (a "Substitute Tenant") on then market terms which Landlord is then quoting for comparable space in other buildings owned by Landlord in Worldgate Office Park or which Landlord would quote if comparable space is not then available in Worldgate Office Parkmitigate damages); provided, however, (i) Landlord may first lease Landlord's ’s other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting, (ii) Landlord shall have no obligation to solicit or entertain negotiations with any other prospective tenants for the Premises until Landlord obtains full and complete possession of the Premises; (iii) Landlord shall not be obligated to lease the Premises to a Substitute Tenant for a rental less than the current fair market rental then prevailing for similar office uses in comparable buildings in the same market area as the Building, nor shall Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord's then current leasing policies for comparable space in the Building; (iv) Landlord shall not be obligated to enter into a lease with any proposed tenant whose use would: (1) violate any restriction, covenant or requirement contained in the lease of another tenant of the Building; (2) adversely affect the reputation of the Building; or (3) be incompatible with the operation of the Building as a first class building; and (v) Landlord shall not be obligated to enter into a lease with any proposed Substitute Tenant which does not have, in Landlord's reasonable opinion, sufficient financial resources or operating experience to operate the Premises in a first class manner. Tenant shall reimburse Landlord for the actual costs and expenses (or reasonable estimate thereof) of reletting the Premises, Premises including, but not limited to, all brokerage, advertising, legal, alteration, redecorating, repairing repairs and other expenses reasonably incurred to secure a new tenant for the Premises or portion thereofPremises. In addition, if the consideration collected by Landlord upon any such reletting or salereletting, after payment of the expenses of reletting, reletting the Premises or sale of the Building which have not been reimbursed by Tenant, is insufficient to pay monthly the full amount of the Rent, Tenant shall pay to Landlord the amount of each monthly deficiency as it becomes due. If such the consideration actually received by Landlord is greater than the amount necessary to pay the full amount of the Rent and pay Landlord for the expenses of relettingmonthly Rent, then the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.