Massachusetts Commercial Lease Agreement

Damages Upon Tenant’s Default

Posted by @hackercounsel

Landlord and Tenant agree that they cannot foresee when in the Lease Term a breach for nonpayment of rent may occur, what the commercial rental market would be at the time of a breach, or what the cost of finding another tenant and the length of time the Premises might remain vacant might be. Therefore, Tenant further agrees that notwithstanding re-entry and termination pursuant to the terms above, Tenant shall be liable for liquidated damages in the amount of all rents and additional rents due for the years (including fractions of a year, if any) remaining in the Lease Term, as well as charges (said charges to be based upon the prior year charges, which may include, without limitation any Real Estate Tax, Common Area Maintenance, insurance, condominium association fee, utility usage, or other charges that may be applicable and owed by Tenant in said prior year, multiplied by the remaining years and fractions thereof, if any, of the Lease Term).


Forked by @twneale on June 10, 2013