Common use of Lump Sum Liquidated Damages Clause in Contracts

Lump Sum Liquidated Damages. If this Lease is terminated due to an Event of Default, then Tenant covenants, as an additional cumulative obligation after termination, to pay forthwith to Landlord at Landlord’s election made by notice to Tenant at any time after termination, as liquidated damages a single lump sum payment equal to the sum of (i) all sums provided for in this Lease to be paid by Tenant and not then paid at the time of such election, plus either (ii) the present value (calculated at the Federal Reserve discount rate or equivalent) of the excess of all of the Rent reserved for the remainder of the Lease Term over all of the fair market rent reasonably projected by Landlord to be received on account of the Premises during such period, which Rent from reletting shall be reduced by reasonable projections of vacancies and by Landlord’s Reletting Expenses described above to the extent not theretofore paid to Landlord, or (iii) an amount equal to the sum of all of the Rent and other sums due hereunder and payable with respect to the twelve (12) month period next following the date of termination. Because Landlord’s damages resulting from Tenant’s default and subsequent termination are difficult to ascertain as of the Date of this Lease, the parties agree that the foregoing agreed-to sum represents a reasonable forecast of Landlord’s expected damages as a result of Tenant’s breach and early termination.

Lump Sum Liquidated Damages. If this Lease is terminated due to an for Tenant’s Event of Default, then Tenant covenants, as an additional additional, cumulative obligation after any such termination, to pay forthwith to Landlord at Landlord’s election made by written notice to Tenant at any time after termination, as liquidated damages damages, a single lump sum payment equal to the sum of (i) all sums provided for in this Lease then due and owing from Tenant to be paid by Tenant and not then paid Landlord at the time of such election, plus either (ii) either, as Landlord elects, (A) the excess of the present value (calculated at the Federal Reserve discount rate or equivalent) of the excess of all of the Rent reserved for the remainder residue of the Lease Term (with Additional Rent deemed to increase five (5%) percent in each year on a non-compounding basis) over all the present value of the fair market rent reasonably projected by Landlord to be received aggregate Fair Market Rent and Additional Rent payable on account of the Premises during such period, which Fair Market Rent from reletting shall be reduced by reasonable projections of vacancies and by Landlord’s Reletting Expenses described above to the extent not theretofore paid to Landlord, or (iiiB) an amount equal to the sum of all of the Rent and other sums due hereunder and payable under the Lease with respect to the twelve (12) -month period next following the date of termination. Because Landlord’s damages resulting from Tenant’s default The Federal Reserve discount rate (or equivalent) shall be used in calculating such present values under clause (ii)(A). From and subsequent termination are difficult after the date on which Tenant pays to ascertain as of Landlord in full the Date amount elected by Landlord pursuant to clause (ii) of this Leasesubsection (c), no further damages shall accrue pursuant to the parties agree that the foregoing agreed-preceding Section 13.02(b), but Tenant shall nonetheless remain liable for all damages accruing under Section 13.02(b) prior to sum represents a reasonable forecast of Landlord’s expected damages as a result of Tenant’s breach and early terminationsuch date.