Common use of Termination of Sublease Clause in Contracts

Termination of Sublease. (a) The Authority has the right to obtain possession of all or any part of Landlord’s leased premises under the Master Lease upon 60 days prior notice to Landlord, if the Authority, in its sole discretion, determines that efficient Airport operations require the use thereof. Therefore, the Authority has the right to notify Landlord and require Landlord to terminate this Sublease and Landlord has the right to so terminate this Sublease and require Tenant to fulfill its removal and surrender obligations hereunder. Landlord, upon as much prior notice in writing to Tenant as possible under the circumstances, may so terminate this Sublease. Tenant specifically acknowledges that this termination provision is a material inducement to Landlord in entering into this Sublease with Tenant. Except as specifically provided in this Section 6.04, such termination and the removal and surrender obligations of Tenant, shall in no event give rise to any claims, causes of actions, suits, or damages that Tenant may have or rights to payment to Tenant by either Landlord or the Authority including, without limitation: (i) any and all awards in the nature of land damages under all applicable laws, including, without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), as amended, and Massachusetts General Laws, Chapters 79 and 79A, and (ii) any and all rights under the terms of this Sublease, and (iii) incidental, consequential or severance damages on account of Xxxxxx’s occupancy and/or abandonment of the Premises. In the event of such termination, within 60 days following the date that Tenant shall have vacated and surrendered the Premises in the condition required under this Sublease, paid all Rentals and performed all of its other accrued obligations under this Sublease through to the effective date of such termination, Landlord shall pay to Tenant a sum equal to the unamortized investment of the Cost of Fixed Improvements in the amount reasonably approved by Landlord in accordance with the requirements set forth in Section 6.04(c) below and the Master Lease.

Termination of Sublease. (a) The Authority has In the right event of any such default by Subtenant and beyond any applicable notice and cure periods, then in addition to obtain possession of all any other remedies available to Sublandlord at law or any part of Landlord’s leased premises under in equity, Sublandlord shall have the Master Lease upon 60 days prior notice to Landlord, if the Authority, in its sole discretion, determines that efficient Airport operations require the use thereof. Therefore, the Authority has the right to notify Landlord and require Landlord immediate option to terminate this Sublease and Landlord has the right all rights of Subtenant hereunder by giving Subtenant a notice of termination. If Sublandlord elects so to so terminate this Sublease and require Tenant to fulfill its removal and surrender obligations hereunder. Landlord, upon as much prior notice in writing to Tenant as possible under the circumstances, may so terminate this Sublease. Tenant specifically acknowledges , then Sublandlord may recover from Subtenant: (a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Subtenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that this termination provision is a material inducement Subtenant proves could be reasonably avoided; plus (d) any other amount necessary to Landlord in entering into compensate Sublandlord for all of the detriment proximately caused by Subtenant's failure to perform its obligations under this Sublease with Tenant. Except as specifically provided in this Section 6.04, such termination and the removal and surrender obligations of Tenant, shall in no event give rise to any claims, causes of actions, suits, or damages that Tenant may have or rights to payment to Tenant by either Landlord or the Authority including, without limitation: (i) any and all awards which in the nature ordinary course of land damages things would be likely to result therefrom; plus (e) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. As used in clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. As used in 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 of San Francisco at the time of award plus 1%. In addition, Sublandlord shall also have the option to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned the Premises. Sublandlord shall be entitled to enforce all applicable lawsSublandlord's rights and remedies under this Sublease, including, without limitation, the Uniform Relocation Assistance right to recover Rent as it becomes due. Sublandlord has the remedy set forth in California Civil Code Section 1951.4 (Sublandlord may continue this Sublease in effect after Subtenant's breach and Real Property Acquisition Policies Act abandonment and recover rent as it becomes due, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, in addition to and independent of 1970 any of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's Sublease Costs (P.L. 91-646as defined in Exhibit E), calculated as amended, and Massachusetts General Laws, Chapters 79 and 79A, and (ii) any and all rights under the terms of this Sublease, and (iii) incidental, consequential or severance damages on account of Xxxxxx’s occupancy and/or abandonment of the Premises. In the event of such termination, within 60 days following the date that Tenant shall have vacated and surrendered the Premises in the condition required under this Sublease, paid all Rentals and performed all of its other accrued obligations under this Sublease through to the effective date of such termination, Landlord shall pay to Tenant a sum equal to the unamortized investment termination of the Cost of Fixed Improvements in the amount reasonably approved by Landlord in accordance with the requirements set forth in Section 6.04(c) below and the Master LeaseSublease.

Termination of Sublease. (a) The Authority has Sublandlord may terminate the right to obtain possession of all or any part of Landlord’s leased premises under the Master Lease upon 60 days prior notice to Landlord, if the Authority, in its sole discretion, determines that efficient Airport operations require the use thereof. Therefore, the Authority has the right to notify Landlord and require Landlord to terminate this Sublease and Landlord has re-enter the right Premises and take possession thereof, but no act by Sublandlord other than written notice from Sublandlord to so terminate this Sublease and require Tenant to fulfill its removal and surrender obligations hereunder. Landlord, upon as much prior notice in writing to Tenant as possible under the circumstances, may so Subtenant of termination shall terminate this Sublease. Tenant specifically acknowledges The Sublease shall terminate on the date specified in the notice of termination. Upon termination of this Sublease, Subtenant will remain liable to Sublandlord for damages in an amount equal to the Rent and other sums that this termination provision is a material inducement to Landlord in entering into would have been owing by Subtenant under this Sublease with Tenantfor the balance of the Sublease Term, less the net proceeds, if any, of any reletting of the Premises by Sublandlord subsequent to the termination, after deducting all Sublandlord’s Reletting Expenses (as defined below). Except as specifically provided in this Section 6.04, such termination and Sublandlord shall be entitled to either collect damages from Subtenant monthly on the removal and surrender obligations of Tenant, shall in no event give rise to any claims, causes of actions, suitsdays on which Rent or other amounts would have been payable under the Sublease, or damages that Tenant alternatively, Sublandlord may have or rights to payment to Tenant by either Landlord or accelerate Subtenant’s obligations under the Authority including, without limitationSublease and recover from Subtenant: (i) any and all awards in unpaid Rent which had been earned at the nature time of land damages under all applicable laws, including, without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), as amended, and Massachusetts General Laws, Chapters 79 and 79A, and termination; (ii) any and all rights under the terms amount by which the unpaid Rent which would have been earned after termination until the time of this Sublease, and award exceeds the amount of Rent loss that Subtenant proves could reasonably have been avoided; (iii) incidental, consequential or severance damages on account of Xxxxxx’s occupancy and/or abandonment the amount by which the unpaid Rent for the balance of the Premises. In Term of the event Sublease after the time of award exceeds the amount of Rent loss that Subtenant proves could reasonably be avoided (discounting such terminationamount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, within 60 days following plus one percent (1%)); and (iv) any other amount necessary to compensate Sublandlord for all the date that Tenant shall have vacated and surrendered detriment proximately caused by Subtenant’s failure to perform its obligations under the Premises Sublease, or which in the condition required under this Subleaseordinary course would be likely to result from the Event of Default, paid all Rentals and performed all of its other accrued obligations under this Sublease through to the effective date of such termination, Landlord shall pay to Tenant a sum equal to the unamortized investment of the Cost of Fixed Improvements in the amount reasonably approved by Landlord in accordance with the requirements set forth including without limitation Reletting Expenses described in Section 6.04(c) below and the Master Lease21.2.

Termination of Sublease. (a) The Authority has In the right event of any such default by Subtenant which continues beyond any applicable notice and agreed cure period, then in addition to obtain possession of all any other remedies available to Sublandlord at law or any part of Landlord’s leased premises under in equity, Sublandlord shall have the Master Lease upon 60 days prior notice to Landlord, if the Authority, in its sole discretion, determines that efficient Airport operations require the use thereof. Therefore, the Authority has the right to notify Landlord and require Landlord immediate option to terminate this Sublease and Landlord has the right all rights of Subtenant hereunder by giving Subtenant a notice of termination. If Sublandlord elects so to so terminate this Sublease and require Tenant to fulfill its removal and surrender obligations hereunder. Landlord, upon as much prior notice in writing to Tenant as possible under the circumstances, may so terminate this Sublease. Tenant specifically acknowledges , then Sublandlord may recover from Subtenant: (a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Subtenant proves could have been reasonably avoided; plus (e) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that this termination provision is a material inducement Subtenant proves could be reasonably avoided; plus (d) any other amount necessary to Landlord in entering into compensate Sublandlord for all of the detriment proximately caused by Subtenant's failure to perform its obligations under this Sublease with Tenant. Except as specifically provided in this Section 6.04, such termination and the removal and surrender obligations of Tenant, shall in no event give rise to any claims, causes of actions, suits, or damages that Tenant may have or rights to payment to Tenant by either Landlord or the Authority including, without limitation: (i) any and all awards which in the nature ordinary course of land damages things would be likely to result therefrom. As used in clauses (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum rate allowable under applicable law, or, if no such maximum rate applies, at the rate of 10% per annum. As used in 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 of San Francisco at the time of award plus 1%. In addition, Sublandlord shall also have the option to maintain Subtenant's right to possession, in which case this Sublease will continue in effect whether or not Subtenant has vacated or abandoned the Premises. Sublandlord shall be entitled to enforce all applicable lawsSublandlord's rights and remedies under this Sublease, including, without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 right to recover Rent as it becomes due. Sublandlord has the remedy set forth in California Civil Code Section 1951.4 (P.L. 91-646), as amended, and Massachusetts General Laws, Chapters 79 and 79A, and (ii) any and all rights under the terms of this Sublease, and (iii) incidental, consequential or severance damages on account of Xxxxxx’s occupancy and/or abandonment of the Premises. In the event of such termination, within 60 days following the date that Tenant shall have vacated and surrendered the Premises in the condition required under this Sublease, paid all Rentals and performed all of its other accrued obligations under Sublandlord may continue this Sublease through in effect after Subtenant's breach and abandonment and recover rent as it becomes due, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). Further, in addition to and independent of any of Sublandlord's other rights and remedies upon a default by Subtenant hereunder, if Sublandlord elects to terminate this Sublease by reason of a default by Subtenant hereunder, Subtenant shall also be obligated to pay to Sublandlord a fee equal to the unamortized portion of Sublandlord's sublease costs, calculated as of the effective date of such termination, Landlord shall pay to Tenant a sum equal to the unamortized investment termination of the Cost of Fixed Improvements in the amount reasonably approved by Landlord in accordance with the requirements set forth in Section 6.04(c) below and the Master LeaseSublease.