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Agmt04 Recycled Water (PVG Mana
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Agmt04 Recycled Water (PVG Mana
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Last modified
10/24/2017 9:28:59 AM
Creation date
8/12/2004 10:11:43 AM
Metadata
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Template:
Agreement
Contractor Name
Recycled Water (PVG Management)
PROJECT NAME
production & delivery / sublease
RMP File Number
802
Date
7/27/2004
MO Ref
04-152 04-93
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<br /> '.~ . <br /> 7.3 Damages. <br /> Should landlord elect to terminate this Lease under the provisions of <br /> Section 7.2 above, Landlord may recover as damages from Tenant the following: <br /> (a) Past Rent: The worth at the time of the award of any unpaid Rent <br /> which has been earned at the time of termination; plus <br /> (b) Rent Prior to A ward: The worth at the time of the award of the amount <br /> by which the unpaid Rent which would have been earned after termination until the time <br /> of award exceeds the amount of such rental loss that Tenant proves could have been <br /> reasonably avoided; plus <br /> (c) Rent After Award: The worth at the time ,of the award of the amount <br /> by which the unpaid Rent for the balance of the term after the time of award exceeds the <br /> amount of the rental loss that Tenant proves could have been reasonably avoided; plus <br /> (d) Proximately Caused Damages: Any other amount necessary to <br /> compensate Landlord for all detriment proximately caused by Tenant's failure to perform <br /> its obligations under this Lease or which in the ordinary course of things would be likely to <br /> result therefrom, including, but not limited to, any costs or expenses (including reasonable <br /> attorneys' fees), incurred by Landlord in (i) retaking possession of the Premises; (ii) <br /> maintaining the Premises after Tenant's default; (iii) preparing the Premises for reletting <br /> to a new tenant, including any repairs or alterations; and (iv) reletting the Premises, <br /> including brokers' commissions. <br /> "The worth at the time of the award" as used in Subsections (a) and <br /> (b) above is to be computed by allowing interest at the rate of ten percent (10%) per <br /> annum. "The worth at the time of the award" as used in Subsection (c) above is to be <br /> computed by discounting the amount at the discount rate of the Federal Reserve Bank <br /> situated nearest to the Premises at the time of the award plus one percent (1 %). <br /> 7.4 landlord's Default. <br /> If Landlord fails to perform any covenant, condition, or agreement contained <br /> in this Lease within thirty (30) days after receipt of written notice from Tenant specifying a <br /> default and the relevant Lease provision, or if Landlord fails within that thirty-day period <br /> after notice to commence to cure any such default which cannot reasonably be cured <br /> within thirty (30) days, then landlord shall be liable to Tenant for any damages sustained <br /> by Tenant as a result of Landlord's breach; provided, however, that it is expressly <br /> understood and agreed that any money judgment against Landlord resulting from any <br /> 36 <br /> i T' ¡ _.. <br />
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