Common use of REMEDIES IN DEFAULT Clause in Contracts

REMEDIES IN DEFAULT. On the occurrence of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided herein, Landlord may, without limiting Landlord in the exercise of any other right or remedy that Landlord may have at law or in equity by reason of such default, the remedies of Landlord hereunder being cumulative and not exclusive of one another: (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion of the Term, plus the reasonable cost to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s right to possession, in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder as they become due hereunder.

REMEDIES IN DEFAULT. On the occurrence of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided herein, Landlord may, without limiting Landlord in the exercise of any other right or remedy that Landlord may have at law or in equity by reason of or such default, the remedies of Landlord hereunder being cumulative and not exclusive of one another: (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion of the Term, plus the reasonable cost to Landlord of any repairs (INTIALED: BF, MO) required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s right to possession, in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder as they become due hereunder.

REMEDIES IN DEFAULT. On In the occurrence event of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided hereinany such material default or breach by Tenant, Landlord maymay at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any other a right or remedy that which Landlord may have at law or in equity by reason of such defaultdefault or breach: 24a. Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the remedies cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount of which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; that portion of the leasing commission paid by Landlord hereunder being cumulative and not exclusive applicable to the unexpired term of one another: this Lease. Unpaid installments of rent or other items shall bear interest from the date due at the rate of ten (10%) per cent per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion of the Term, plus the reasonable cost to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value taking possession of the Premises over and recovering from Tenant the remaining portion amount specified in this paragraph, or the proceeding under the provisions of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain following Article 24.4. 24.b. Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect and whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord’s right 's rights and remedies under this Lease, include including the right to recover the Rent and other amounts payable hereunder as they become due hereunder.rent

REMEDIES IN DEFAULT. On In the occurrence event of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided hereinany such default or breach by Tenant, Landlord maymay at any time thereafter, in his sole discretion, with or without notice or demand and without limiting Landlord in the exercise of any other a right or remedy that which Landlord may have at law or in equity by reason of such default, default or breach: 23A. Terminate Tenant's right to possession of the remedies of Landlord hereunder being cumulative and not exclusive of one another: (a) perform on Tenant’s behalf, Premises by any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency)lawful means, in which event case this Lease shall terminate and Tenant shall reimburse immediately surrender possession of the Premises to Landlord. In such event Landlord for shall be entitled to recover from Tenant all expenses reasonably damages incurred by Landlord in doing soby reason of Tenant's default including, plus interest but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises; reasonable attorney's fees; the worth at the Default Rate, which expenses and interest shall be additional rent and shall be payable time of award by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion court having jurisdiction thereof of the Term, plus the reasonable cost to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period amount by which the Premises would not unpaid rent and other charges and Adjustments called for herein for the balance of the term after the time of such award exceeds the amount of such loss for the same period that Tenant proves could be leased reasonably avoided; and therefore no income would be realized for such period) reduced that portion of any leasing commission paid by Landlord and applicable to present value the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the above specified discount maximum legal rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain 23B. Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect and whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord’s right 's rights and remedies under this Lease, include including the right to recover the Rent rent and any other amounts payable hereunder charges and Adjustments as they may become due hereunder; or 23C. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State in which the Premises are located.

REMEDIES IN DEFAULT. On the occurrence of the Tenant a Licensee Default and after the applicable ap- plicable notice and cure period, and subject to terms and conditions provided herein, Landlord Licensor may, without limiting Landlord in the exercise of any other right or remedy that Landlord may have at law or in equity by reason of such default, the remedies of Landlord hereunder being cumulative as Licensor’s sole and not exclusive of one anotherremedies: (a) perform perform, on TenantLicensee’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Licensee Default (after giving Tenant Licensee written notice of LandlordLicensor’s intention to do so except in the case of emergency), in which event Tenant Licensee shall reimburse Landlord Licensor for all reasonable expenses reasonably incurred by Landlord Licensor in doing so, plus interest at the Default Rate, which expenses and interest shall will be additional rent Additional Fee and shall be payable by Tenant immediately on Licensee within thirty (30) days after written demand therefore therefor by LandlordLicensor; and/or (b) terminate this Lease License and collect liquidated damages from Tenant Licensee in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; , plus (ii) the aggregate rent Minimum Fee remaining over the unexpired portion of the Term, plus the reasonable cost to Landlord of Licensor for any repairs required to comply with Tenantand other costs of re-letting (such as broker’s obligationscommissions and the cost of adver- tising), all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual maturity closest to the then current expiration of the Term; , less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four eighteen (2418) months, may be considered as a leasing period by which the Premises would not be leased and therefore therefor no income would be realized for such period) reduced to present value at the above specified discount rate; value, plus (iv) LandlordLicensor’s costs and expenses incurred in the enforcement hereof including reasonable attorneys attorneys’ fees actually incurred as herein provided, or (c) maintain Tenant’s right to possession, in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder as they become due hereunder.

REMEDIES IN DEFAULT. On the occurrence of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided herein, Landlord may, without limiting Landlord in the exercise of any other right or remedy that Landlord may have at law or in equity by reason of or such default, the remedies of Landlord hereunder being cumulative and not exclusive of one another: (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion of the Term, plus the reasonable cost to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s right to possession, in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder as they become due hereunder.

REMEDIES IN DEFAULT. On In the occurrence event of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided hereinany such material default or breach by Tenant, Landlord maymay at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any other a right or remedy that which Landlord may have at law or in equity by reason of such defaultdefault or breach: 24a. Terminate Tenant's right to possession of the Premises by any lawful means. In which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the remedies cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; that portion of the leasing commission paid by Landlord hereunder being cumulative and not exclusive applicable to the unexpired term of one another: this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of eighteen percent(18%) per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (a) perform on Tenant’s behalftaking possession of the premises and recovering from Tenant the amount specified in this paragraph, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) proceeding under the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion provisions of the Term, plus the reasonable cost to Landlord of any repairs required to comply with following Article 24b. 24b. Maintain Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect and whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord’s right 's rights and remedies under this Lease, include including the right to recover the Rent and other amounts payable hereunder rent as they become it becomes due hereunder. 24c.Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decision of the State of Nevada.

REMEDIES IN DEFAULT. On the occurrence of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided herein, Landlord may, without limiting Landlord in the exercise of any other right or remedy that Landlord may have at law or in equity by reason of or such default, the remedies of Landlord hereunder being cumulative and not exclusive of one another: (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on On demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion of the Term, plus the reasonable cost to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s right to possession, in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder as they become due hereunder.

REMEDIES IN DEFAULT. On Upon a default, Landlord shall have the occurrence of following remedies, in addition to all other rights and remedies provided by law in equity or otherwise provided in this Lease, to which Landlord may resort cumulatively or in the Tenant Default alternative: (i) Landlord may continue this Lease in full force and after the applicable notice and cure periodeffect, and subject this Lease shall continue in full force and effect as long as Landlord does not terminate this Lease, and Landlord shall have the right to terms and conditions provided herein, collect rental when due; (ii) Landlord may, with or without limiting terminating this Lease, re-enter the Premises and remove all persons and property from the Premises, such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. No re-entry or taking possession of the Premises by Landlord in the exercise pursuant to this paragraph shall be construed as an election to terminate this Lease unless a written notice of any other right or remedy that such intention is given to Tenant; (iii) Landlord may terminate Tenant’s right to possession of the Premises at any time by giving written notice to that effect, and relet the premises or any part thereof. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, brokers’ commissions, expenses of cleaning, redecorating, and further improving the Premises and like costs. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. Upon termination, Landlord shall have the right to remove all of Tenant’s personal property and store same at law or in equity by reason of such default, the remedies of Landlord hereunder being cumulative Tenant’s cost and not exclusive of one anotherto recover from Tenant as damages: (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest worth at the Default Rate, time of award of any unpaid rental and other sums due and payable which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) had been earned at the sum of all amounts due hereunder to the date time of termination; plus (b) the worth at the time of award of the amount by which the unpaid rental and other sums which would have been payable after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (c) the worth at the time of award of the amount by which the unpaid rental and other sums due for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (d) any other amounts to compensate Landlord for all 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 aggregate rent remaining over 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 unexpired portion Premises; plus (e) at Landlord’s election, such other amounts and remedies in addition to or in lieu of the Termforegoing as may be permitted from time to time by the laws of the State of California. The “worth at the time of award” of the amounts referred to in subparagraphs 19(a) and 19(b) above is computed by allowing interest at the interest rate specified below on the unpaid rental and other sums due and payable from the termination date through the date of award. The “worth at the time of award” of the amount referred to in subparagraph 19(c) is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, plus or under any other present or future law, in the reasonable cost to event Tenant is evicted or Landlord takes possession of the Premises by reason of any repairs required default of Tenant hereunder. The interest rate under the Lease shall mean the greater of ten percent (10%) per annum or five percent (5%) in excess of the discount rates of the Federal Reserve Bank of San Francisco in effect on the twenty-fifth (25th) day of the calendar month immediately prior to comply with Tenant’s obligations, all reduced to present value using a discount rate equal the event giving rise to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s right to possession, in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder as they become due hereunderimposition.

REMEDIES IN DEFAULT. On In the occurrence event of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided hereinany such material default or breach by Tenant, Landlord maymay at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any other a right or remedy that which Landlord may have at law or in equity by reason of such defaultdefault or breach: 24.a. Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the remedies cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; that portion of the leasing commission paid by Landlord hereunder being cumulative and not exclusive applicable to the unexpired term of one another: this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten (10%) per cent per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (a) perform on Tenant’s behalftaking possession of the Premises and recovering from Tenant the amount specified in this paragraph, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) proceeding under the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion provisions of the Term, plus the reasonable cost to Landlord of any repairs required to comply with following Article 24.b. 24.b. Maintain Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect and whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord’s right 's rights and remedies under this Lease, include including the right to recover the Rent and other amounts payable hereunder as they become due hereunder.rent INITIAL:___________ ___________

REMEDIES IN DEFAULT. On the occurrence Time is of the Tenant Default essence hereof. If any rents above reserved, or any part thereof, shall be arid remain unpaid when the same shall become due, or if Lessee shall violate or default in any of the covenants and after agreements herein contained then the applicable Lessor may terminate this lease upon giving the notice and cure periodrequired by law, and subject reenter said premises, but not withstanding such reentry by the Lessor, the liability of the Lessee for the rent provided for herein shall not be extinguished for balance of the term of this lease, and Lessee covenants and agrees to terms make good to Lessor any deficiency arising from a reentry and conditions provided herein, Landlord may, without limiting Landlord reletting of the premises at a lessor rental than hereby agreed to. The Lessee shall pay such deficiency each month as the amount thereof is ascertained by the Lessor. Lessee shall pay to Lessor in the exercise of any other right or remedy that Landlord may have at law or in equity by reason event of such defaultreletting, as soon as ascertained, the remedies of Landlord hereunder being cumulative and not exclusive of one another: (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion of the Term, plus the reasonable cost to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred by Lessor in such reletting including without limitation advertising costs, prorated share of real estate commissions, completion of construction and tenant improvements necessary for the enforcement hereof including reasonable attorneys fees new lessee or in making such alterations and repairs as herein providedto put the premises in as good a leasable condition as when Lessee entered this Lease. Lessor shall have the right, at Lessor's option, to suspend or (c) maintain Tenant’s right to possession, discontinue any services or obligations otherwise required of Lessor in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include during the right continuance of any default or breach and such suspension or discontinuance shall not be deemed or construed to recover be an eviction or ejection of Lessee. No receipt of money by the Rent Lessor from the Lessee after the termination of the lease in any way, or after giving of any notice, shall reinstate, continue or extend the term of this lease or affect any notice given to the Lessee prior to receipt of such money. The foregoing remedy of the Lessor shall not be exclusive, but shall be cumulative and other amounts payable hereunder as they become due hereunderin addition to all remedies now or hereafter allowed by law or elsewhere provided.

REMEDIES IN DEFAULT. On In the occurrence event of the Tenant Default any such default or breach by Lessee, in addition to any other remedies available to Lessor at law or in equity, Lessor may at any time thereafter, with or without notice or demand and after the applicable notice and cure period, and subject to terms and conditions provided herein, Landlord may, without limiting Landlord Lessor in the exercise of any other a right or remedy that Landlord which Lessor may have by reason of such default or breach at law or in equity equity: a. Re-enter and Take Possession. Re-enter said Premises, with or without process of law, using such force as may be required and remove all persons, fixtures or chattels therefrom. In the event of any such retaking of possession of Premises by reason of such defaultLessor herein provided, the remedies of Landlord hereunder being cumulative Lessee shall remove all personal property located thereon and not exclusive of one another: (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention upon failure to do so except upon demand of Lessor, Lessor may in addition to any other remedies allowed by law, remove and store the case of emergency)same in any place selected by Lessor, in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing soincluding but not limited to a public warehouse, plus interest at the Default Rateexpense and risk of Lessee. If Lessee shall fail to pay any sums due hereunder together with the cost of storing any such property after it has been stored for a period of thirty (30) days or more, which expenses and interest shall be additional rent Lessor may sell any or all of such property at public or private sale and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) apply the sum proceeds of all amounts due hereunder such sale first, to the date cost of terminationsuch sale; plus (ii) second, to the aggregate rent remaining over the unexpired portion payment of the Termcharges for storage, plus if any; and third, to the reasonable cost to Landlord payment of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate other sums of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, money which may be considered as a leasing period due from Lessee to Lessor under the terms of this Lease; and the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by which Lessor's re-entering and taking possession of Premises or removing and storing or selling the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees property of Lessee as herein provided, and will indemnify and save Lessor harmless from loss, costs or (c) maintain Tenant’s right damages occasioned Lessee thereby, and no such re-entry shall be considered or construed to possessionbe a forcible entry. Upon such re-entry, in which case Lessor may elect either to declare this Lease forfeited and the Lease terminated, or without terminating the Lease, to re-let all or any part of the Premises as the agent of and for the account of the Lessee upon such terms and conditions as Lessor may deem advisable, for a term which may expire before or after the expiration date of this Lease. RE-ENTRY OR TAKING POSSESSION OF SAID PREMISES BY LESSOR SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION BE GIVEN TO LESSEE. Notwithstanding such re-entry by Lessor, or whether the Lease is terminated or not, the liability of Lessee for the rent provided for herein shall continue in effect and Landlord not be extinguished for the balance of the Term of this Lease. The rents received on such re-letting shall be entitled applied first to enforce all the expenses of Landlord’s right re-letting and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder collection as they become due hereunder.hereinafter provided. b.

REMEDIES IN DEFAULT. On In the occurrence event of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided hereinany such default or breach by Tenant, Landlord maymay at any time thereafter, in his sole discretion, with or without notice or demand and without limiting Landlord in the exercise of any other a right or remedy that which Landlord may have at law or in equity by reason of such default, default or breach: 23A. Terminate Tenant's right to possession of the remedies of Landlord hereunder being cumulative and not exclusive of one another: (a) perform on Tenant’s behalf, Premises by any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), lawful means,in which event case this Lease shall terminate and Tenant shall reimburse immediately surrender possession of the Premises to Landlord. In such event Landlord for shall be entitled to recover from Tenant all expenses reasonably damages incurred by Landlord in doing soby reason of Tenant's default including, plus interest but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises; reasonable attorney's fees; the worth at the Default Rate, which expenses and interest shall be additional rent and shall be payable time of award by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion court having jurisdiction thereof of the Term, plus the reasonable cost to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period amount by which the Premises would not unpaid rent and other charges and Adjustments called for herein for the balance of the term after the time of such award exceeds the amount of such loss for the same period that Tenant proves could be leased reasonably avoided; and therefore no income would be realized for such period) reduced that portion of any leasing commission paid by Landlord and applicable to present value the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the above specified discount maximum legal rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain 23B. Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect and whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord’s right 's rights and remedies under this Lease, include including the right to recover the Rent rent and any other amounts payable hereunder charges and Adjustments as they may become due hereunder; or 23C. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State in which the Premises are located.

REMEDIES IN DEFAULT. On In the occurrence event of a default by Tenant, Landlord, at any time thereafter, may give a written termination notice to Tenant, and on the date specified in such notice (which shall be not less than three (3) days after the giving of such notice), Tenant's right to possession shall terminate and this Lease shall terminate, unless on or before such date all sums identified in such three (3) day notice have been paid by Tenant and all other breaches of this Lease by Tenant at the time existing shall have been fully remedied to the satisfaction of Landlord. If Landlord terminates this Lease pursuant to the provisions of this Section, Landlord shall have all the rights and remedies of a landlord provided by Section 1951.2 of the Tenant Default California Civil Code or any successor code section. Upon such termination, in addition to any other rights and after the remedies to which Landlord may be entitled under applicable notice and cure period, and subject to terms and conditions provided hereinlaw, Landlord may, without limiting Landlord in the exercise of any other right or remedy that Landlord may have at law or in equity by reason of such default, the remedies of Landlord hereunder being cumulative and not exclusive of one anotherrecover from Tenant: (a) perform on Tenant’s behalf, the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent loss that Tenant proves could have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term of this Lease after the time of award exceeds the amount of such rent loss that Tenant proves could be reasonably avoided; and (d) any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention other amount necessary to do so except in the case of emergency), in which event Tenant shall reimburse compensate Landlord for all expenses reasonably incurred the detriment proximately caused by Landlord Tenant's failure to perform its obligations under this Lease or which in doing so, plus the ordinary course of things would be likely to result therefrom. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to lesser of (i) the sum of all amounts due hereunder to the date of termination; plus twelve percent (12%) per annum, or (ii) the aggregate rent remaining over highest rate permitted by applicable law. The worth at the unexpired portion time of award of the Term, plus the reasonable cost amount referred to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using in clause (c) above shall be computed by discounting such amount at a discount rate equal to the interest discount rate of a governmental security having a mutual closest to the then current expiration Federal Reserve Board of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value San Francisco at the above specified discount rate; time of award plus one percent (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s right to possession, in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder as they become due hereunder1%).