LOSS AND DAMAGE WHICH LANDLORD MAY SUFFER BY REASON OF SUCH
TERMINATION OF THIS LEASE OR OF TENANT'S RIGHT TO POSSESSION HEREUNDER, WHETHER
THROUGH INABILITY TO RELET THE PREMISES OR THROUGH DECREASE IN RENTAL OR
OTHERWISE.
LANDLORD MAY, AT ITS OPTION AND WITH OR WITHOUT TERMINATING THIS
LEASE, ALSO DECLARE THE POSITIVE DIFFERENCE, IF ANY, BETWEEN (I) THE ENTIRE
AMOUNT OF THE RENTAL WHICH WOULD BECOME DUE AND PAYABLE DURING THE REMAINDER OF
THE TERM OF THIS LEASE AND THE AMOUNT OF ANY RENTAL ABATED DURING ANY FREE RENT
PERIOD, DISCOUNTED TO PRESENT VALUE USING A DISCOUNT RATE EQUAL TO THE PRIME
RATE IN EFFECT AS OF THE DATE OF SUCH DECLARATION, AND (II) THE FAIR RENTAL
VALUE OF THE PREMISES DURING THE REMAINDER OF THE TERM OF THIS LEASE (TAKING
INTO ACCOUNT, AMONG OTHER FACTORS, THE ANTICIPATED DURATION OF THE PERIOD THE
PREMISES WILL BE UNOCCUPIED PRIOR TO RELETTING AND THE ANTICIPATED COST OF
RELETTING THE PREMISES), ALSO DISCOUNTED TO PRESENT VALUE USING A DISCOUNT RATE
EQUAL TO THE PRIME RATE IN EFFECT AS OF THE DATE OF SUCH DECLARATION, TO BE DUE
AND PAYABLE IMMEDIATELY, IN WHICH EVENT SUCH SUM SHALL BE DUE AND PAYABLE
IMMEDIATELY AND TENANT AGREES TO PAY THE SAME AT ONCE. TOGETHER WITH ALL RENTAL
AND OTHER SUMS THERETOFORE DUE, AT THE OFFICE OF LANDLORD IN ATLANTA, GEORGIA;
IT BEING UNDERSTOOD AND AGREED THAT SUCH PAYMENT SHALL BE AND CONSTITUTE
LANDLORD'S LIQUIDATED DAMAGES, LANDLORD AND TENANT ACKNOWLEDGING AND AGREEING
THAT IT IS DIFFICULT OR IMPOSSIBLE TO DETERMINE' THE ACTUAL DAMAGES LANDLORD
WOULD SUFFER FROM TENANT'S BREACH HEREOF AND THAT THE AGREED UPON LIQUIDATED
DAMAGES ARE NOT PUNITIVE OR PENALTIES AND ARE JUST, FAIR AND REASONABLE, ALL IN
ACCORDANCE WITH O.C.G.A. - 13-6-7.
27
(B)
LANDLORD, WITH OR WITHOUT TERMINATING THIS LEASE, MAY IMMEDIATELY OR AT
ANY TIME THEREAFTER RELET THE PREMISES OR ANY PART THEREOF FOR SUCH TIME OR
TIMES. AT SUCH RENTAL OR RENTALS AND UPON SUCH OTHER TERMS AND CONDITIONS AS
LANDLORD IN ITS REASONABLE DISCRETION MAY DEEM ADVISABLE. AND LANDLORD MAY MAKE
ANY ALTERATIONS OR REPAIRS TO THE PREMISES WHICH IT MAY DEEM NECESSARY OR PROPER
IN ITS REASONABLE DISCRETION TO FACILITATE SUCH RELETTING: AND TENANT SHALL PAY
ALL REASONABLE COSTS OF SUCH RELETTING INCLUDING, BUT NOT LIMITED TO THE COST OF
ANY SUCH REASONABLE ALTERATIONS AND REPAIRS TO THE PREMISES, ATTORNEYS' FEES AND
REASONABLE BROKERAGE COMMISSIONS: AND IF THIS LEASE SHALL NOT HAVE BEEN
TERMINATED, TENANT SHALL CONTINUE TO PAY ALL RENTAL AND ALL OTHER CHARGES DUE
UNDER THIS LEASE UP TO AND INCLUDING THE DATE OF BEGINNING OF PAYMENT OF RENT BY
ANY SUBSEQUENT TENANT OF PART OR ALL OF THE PREMISES, AND THEREAFTER TENANT
SHALL PAY MONTHLY DURING THE REMAINDER OF THE TERM OF THIS LEASE THE POSITIVE
DIFFERENCE, IF ANY, BETWEEN THE RENT AND OTHER CHARGES COLLECTED FROM ANY SUCH
SUBSEQUENT TENANT OR TENANTS AND THE RENTAL AND OTHER CHARGES RESERVED IN THIS
LEASE, BUT TENANT SHALL NOT BE ENTITLED TO RECEIVE ANY EXCESS OF ANY