THIS LEASE, LESS THE NET PROCEEDS, IF ANY, OF ANY RELETTING OF THE PREMISES BY
LANDLORD, AFTER DEDUCTING ALL LANDLORD'S EXPENSES IN CONNECTION WITH SUCH
RELETTING, INCLUDING, BUT WITHOUT LIMITATION, ALL REPOSSESSION COSTS, BROKERAGE
COMMISSIONS, LEGAL EXPENSES, ATTORNEYS' FEES, EXPENSES OF EMPLOYEES, ALTERATION
AND REPAIR COSTS, AND EXPENSES OF PREPARATION FOR SUCH RELETTING OF THE
PREMISES.
AS USED HEREIN, THE PHRASE "PREPARATION FOR SUCH RELETTING" SHALL
MEAN RESTORING THE PREMISES TO A CONDITION THAT IS SUITABLE FOR A NEW TENANT,
INCLUDING ANY AND ALL COSTS FOR TENANT FINISH WORK FOR A NEW TENANT.
LANDLORD
SHALL BE ENTITLED TO COLLECT SUCH DAMAGES FROM TENANT MONTHLY ON THE DAYS ON
WHICH THE RENT AND OTHER AMOUNTS WOULD HAVE BEEN PAYABLE UNDER THIS LEASE, AND
LANDLORD SHALL BE ENTITLED TO RECEIVE THE SAME FROM TENANT ON EACH SUCH DAY.
ALTERNATIVELY, AT THE OPTION OF LANDLORD, LANDLORD SHALL BE ENTITLED TO RECOVER
FORTHWITH AGAINST TENANT, AS DAMAGES FOR THE LOSS OF THE BARGAIN AND NOT AS A
PENALTY:
(I) THE WORTH AT THE TIME OF AWARD OF ANY UNPAID RENT AND OTHER SUMS
DUE AND PAYABLE WHICH HAD BEEN EARNED PRIOR TO RETURN OF POSSESSION OF THE
PREMISES TO LANDLORD; PLUS (II) THE WORTH AT THE TIME OF AWARD OF THE AMOUNT OF
UNPAID RENT AND OTHER SUMS WHICH WOULD HAVE BEEN PAYABLE AFTER THE DATE OF
RETURN OF POSSESSION OF THE PREMISES UNTIL THE TIME OF AWARD WHICH EXCEEDS THE
AMOUNT OF SUCH RENT LOSS THAT TENANT PROVES COULD HAVE BEEN REASONABLY AVOIDED
BY LANDLORD; PLUS (III) THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH
THE UNPAID RENT INCLUDING SUMS FOR ESTIMATED OPERATING COSTS WHICH WOULD HAVE
BEEN INCURRED AND ANY OTHER SUMS DUE FOR THE BALANCE OF THE TERM AFTER THE TIME
OF AWARD THAT EXCEEDS THE AMOUNT THAT TENANT PROVES COULD BE REASONABLY AVOIDED
BY LANDLORD; PLUS (IV) ANY OTHER AMOUNTS TO COMPENSATE LANDLORD FOR THE
DETRIMENT PROXIMATELY CAUSED BY TENANT'S FAILURE TO PERFORM TENANT'S OBLIGATIONS
UNDER THIS LEASE, OR WHICH, IN THE ORDINARY COURSE OF THINGS, WOULD BE LIKELY TO
RESULT THEREFROM, INCLUDING, WITHOUT LIMITATION, ANY COSTS OR EXPENSES INCURRED
BY LANDLORD:
(I) IN RETAKING POSSESSION OF THE PREMISES; (II) IN MAINTAINING,
REPAIRING, PRESERVING, RESTORING, REPLACING, CLEANING, ALTERING OR
REHABILITATING THE PREMISES OR ANY PORTION THEREOF, INCLUDING SUCH ACTS FOR
RELETTING TO A NEW TENANT OR TENANTS; (III) FOR LEASING COMMISSIONS; OR (IV) FOR
ANY OTHER COSTS NECESSARY OR APPROPRIATE TO RELET THE PREMISES; PLUS (V) AT
LANDLORD'S ELECTION, SUCH OTHER AMOUNTS AND REMEDIES IN ADDITION TO OR IN LIEU
OF THE FOREGOING AS MAY BE PERMITTED FROM TIME TO TIME BY THE LAWS OF THE STATE
OF COLORADO.
ANY AMOUNTS OWED BY TENANT TO LANDLORD SHALL BEAR PRE- AND
POST-JUDGMENT INTEREST AT TWELVE PERCENT (12%) COMPOUNDED ANNUALLY UNTIL PAID.
The "worth at the time of award" of the amounts due prior to the date of the
award is computed by allowing interest compounded annually, at the rate of Two
Percent (2%) over the prime rate