Rights of Recovery. Should Landlord at any time terminate this Lease for any breach, it may recover from Tenant all damages it may incur by reason of such breach, including, without limitation, the cost of recovering the Premises, reasonable attorneys’ fees, and the excess, if any, of the present value of the rent reserved under this Lease, for the remainder of the stated term, over the then-reasonable present rental value of the Premises, for the remainder of the stated term. All such amounts shall be immediately due and payable from Tenant to Landlord. For purposes of determining the rent reserved hereunder, the rent for the remainder of the unexpired term shall be equal to the sum of all rents then being paid by Tenant pursuant to Article III. The failure of Landlord to relet the Premises shall not affect Tenant’s liability. The recovery provided for in this paragraph shall be in addition to any other rights and remedies Landlord shall have hereunder or under any federal, state or local law, regulation or ordinance.
Appears in 2 contracts
Sources: Grain Facility Lease and Sublease (BioFuel Energy Corp.), Grain Facility Lease (BioFuel Energy Corp.)