Carbonite 2011 Annual Report Download - page 151
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(ii) the amount (discounted to present value) by which, at the time of the termination of this Lease (or at any time thereafter if Landlord shall have
initially elected damages under clause (i) above), (x) the aggregate of the rent and other charges projected over the period commencing with such
termination and ending on the last day as of which the Term of the Lease would have expired, but for such Event of Default, exceeds (ii) the
aggregate projected market rental value (including other charges) for the Tenant Space for such period.
Actions to collect amounts due by Tenant provided for in clause (i) of this Section 1.3 may be brought from time to time by Landlord during the
aforesaid period, on one or more occasions, without the necessity of Landlord’s waiting until the expiration of such period, and in no event shall Tenant
be entitled to any excess of rental (or rental plus other sums) obtained by reletting over and above the rental provided for in this Lease.
1.4 Repossession of Tenant Space . If Landlord elects to repossess the Tenant Space without terminating this Lease, Tenant shall be liable
for and shall pay to Landlord all rental and other indebtedness accrued to the date of such repossession, plus Rent required to be paid by Tenant to
Landlord during the remainder of the Term of this Lease until the expiration of the Term of this Lease, diminished by any net sums thereafter received
by Landlord through reletting the Tenant Space during said period (after deducting expenses incurred by Landlord as provided in Section 1.5 below). In
no event shall Tenant be entitled to any excess of any rental obtained by reletting over and above the rental herein reserved. Actions to collect amounts
due by Tenant as provided in this Section 1.4 may be brought from time to time, on one or more occasions, without the necessity of Landlord’s waiting
until the expiration of the Term of this Lease.
1.5 Landlord’s Expenses . Upon an Event of Default, Tenant shall also be liable for and shall pay to Landlord, in addition to any sum
provided to be paid pursuant to this Lease: (i) the costs and expenses of securing new tenants, including expenses for refixturing, alterations and other
costs in connection with preparing the Tenant Space for the new tenant and any reasonable or necessary alterations, (ii) the cost, incurred by Landlord in
good faith, of removing and storing Tenant’s or other occupant’s property, and (iii) all reasonable expenses incurred by Landlord in enforcing
Landlord’s remedies, including reasonable attorneys’ fees. Past due rental and other past due payments shall bear interest from maturity at the Default
Rate (as defined in Section 3.5 of this Lease) until paid.