NYC 9/11 Public Portal Document
shall re-enter the Demised Premises under the provisions of Article 31, or in the event of the
termination of this Lease, or of re-entry, by or under any summary dispossess or other proceeding
or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant
shall pay to Landlord as damages, at the election of Landlord either:
(a) a sum which at the time of such termination of this Lease or at the time of
any such re-entry by Landlord, as the case may be, represents the then value of the excess, if
any, of:
(1) the aggregate of the fixed rent and the additional rent payable
hereunder which would have been payable by Tenant (conclusively presuming the additional rent
to be the same as was payable for the year immediately preceding such termination) for the period
commencing with such earlier termination of this Lease or the date of any such re-entry, as the
case may be, and ending with the Expiration Date, had this Lease not so terminated or had
Landlord not so re-entered the Demised Premises; over
(2) the aggregate rental value of the Demised Premises for the same
period; or
(b) sums equal to the fixed rent and the additional rent (as above presumed)
payable hereunder which would have been payable by Tenant had this Lease not so terminated, or
had Landlord not so re-entered the Demised Premises, payable upon the due dates therefor
specified herein following such termination or such re-entry and until the Expiration Date,
provided, however, that if Landlord shall relet the Demised Premises during said period.
Landlord shall credit Tenant with the net rents received by Landlord from such reletting, such net
rents to be determined by first deducting from the gross rents as and when received by Landlord
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NYC-WTC_000170027
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