Common use of Termination of Lease Clause in Contracts

Termination of Lease. The Lease shall terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s property.

Termination of Lease. The Lease One (1) week before vacating the Leased premises, Tenant will notify Landlord and make an appointment for inspection of the premises. Tenant may be present with Landlord during the inspection at which time Landlord will make an inspection report to determine any damages that are Tenant’s responsibility. Tenant shall terminate on pay for the Termination Daterepairs that are deemed Tenants’ responsibility before vacating the premises. This Lease Tenant will thoroughly clean the Leased premises and restore it to its original condition, normal wear and tears excepted, or pay the Landlord the cost of doing so. Any alterations made by Tenant without prior approval of Landlord shall only be terminated removed at the expense of Tenant, if Landlord requires it. Any alterations made by Tenant with prior approval of Landlord will remain part of the premises. ▇▇▇▇▇▇ agrees to pay for all cleaning necessary (including carpets) to restore the premises to satisfactory condition for a new Tenant. It is agreed that these charges are to be deducted from Tenant’s security deposit prior to the stated Termination Date upon the written its return. Tenant shall lock all doors and signed agreement of both Landlord and Tenant stating an exact date the Lease shall endwindows, and such return all keys to Landlord upon termination of Lease Agreement. ▇▇▇▇▇▇ will personally notify Landlord of the date shall be substituted in Tenant vacates the Leased premises and will provide Landlord with a forwarding address and telephone number of each person on Lease. Upon vacating the Leased premises and terminating this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and TenantLease, Tenant shall pay remove all personal property. Any property not removed by the end of Lease term will be considered abandoned and unwanted and may be disposed of within thirty (30) days of Tenant(s) termination of this Lease. Landlord Fair Use may remove and Occupancy in the amount of $ per , due and payable store such property if Tenant fails to Landlord on , 20 remove such property at the location listed in paragraph 5 titled “Rent; Time and Manner expense of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, ▇▇▇▇▇▇. Landlord shall not be deemed liable to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, loss or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing damage to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s such property.

Termination of Lease. The Landlord may terminate this Lease by written notice to Tenant of Landlord’s election to do so, whether or not Landlord has previously elected to continue the Lease in effect, with or without reentry. Upon Landlord’s notice of termination, Tenant immediately shall terminate on pay to Landlord the Termination Date. This amount of all Rent and other sums due under this Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement date of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as the New Termination Datetermination. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and TenantAlso, Tenant shall pay Landlord, at Landlord’s option, on demand, Landlord’s prospective damages over the remaining Lease Term (as if the Lease had not been terminated) as a lump sum in an amount determined by Landlord Fair Use which, so long as determined reasonably and Occupancy in good faith, shall be conclusive, binding on both Parties and enforceable by any court of competent jurisdiction. The prospective damages shall be an amount equal to Landlord’s calculation of the probable amount of $ per the difference by which the Rent for the full Lease Term, due plus all accrued and payable to Landlord on reasonably anticipated costs, 20 at damages and expenses for which the location listed in paragraph 5 titled “Rent; Time and Manner Tenant is or would become liable for under this Lease (including those arising out of Payment of Rent,” As allowable by lawTenant’s Default), by accepting one or more Fair Use and Occupancy payment(s) will exceed all offsetting actual Rent received from Tenant, all actual and reasonably anticipatable net reletting income over the remaining Lease Term, and all security deposits and other credits, if any, to Tenant’s account. The Parties agree that such lump-sum determination is a reasonable, appropriate and agreed-upon means of liquidating damages prior to the expiration of the period of the full Lease Term, that if Landlord elects such lump-sum settlement neither Landlord nor Tenant shall not be deemed entitled to have waivedany subsequent redetermination of damages over the remaining Lease Term, voidedand that on the payment of the lump sum, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant shall be released of all liability for any damages sustained as a result claim of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyadditional damages arising over the remaining Lease Term.

Termination of Lease. The Landlord can terminate this Lease and Tenant’s right to possession of the Premises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving written notice to Tenant of such termination shall terminate on the Termination Datethis Lease. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination DateUpon termination, Landlord at Landlord’s option may begin has the process of evicting Tenant as permitted and outlined right to recover all damages incurred by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy default, including: (a) The worth at the Unit past time of award of any unpaid rent that had been earned at the Termination Datetime of such termination; plus (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after the date of termination until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s default, including, but not limited to (i) expenses for cleaning, repairing or New Termination Date restoring the Premises, (Ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (Iii) brokers’ fees and commissions, advertising costs and other expenses of retelling the Premises, (iv) costs of carrying the Premises, such as applicable)taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys’ fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease, and (viii) reimbursement of any previously waived or abated Minimum Monthly Rent, Additional Rent or other charges; plus (e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under applicable law. FurtherAs used in paragraphs (a) and (b) above, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather the “worth at the time of award” shall be deemed to computed by allowing interest at the maximum permissible legal rate. As used in paragraph (c) above, the “worth at the time of award” shall be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy computed by discounting such amount at the discount rate of Landlord’s propertythe Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).

Termination of Lease. The If Landlord terminates this Lease under Section 14.02(a), then Tenant shall terminate pay to Landlord on demand the Termination Date. This Lease shall only amount of all loss and damage suffered by Landlord by reason of the termination, to be terminated prior to determined by one or a combination of the stated Termination Date upon following measures of damages: (i) Until Landlord is able, through good faith efforts (the written and signed agreement nature of both Landlord and Tenant stating an exact date the Lease shall end, and such date which shall be substituted in this Lease as at Landlord’s sole discretion), to relet the New Termination Date. Should Landlord find Premises, Tenant shall pay to Landlord, on or Tenant’s personal property remaining in the Unit beginning on before the first day after of each calendar month, the Termination Dateamounts required to be paid by Tenant under this Lease. After the Premises have been relet by Landlord, Tenant shall pay to Landlord on the 20th day of each calendar month, the difference between the amount required to be paid by Tenant under this Lease for that calendar month and the amount actually collected by Landlord for that month. If it becomes necessary for Landlord to bring suit to collect a deficiency, Landlord may allow the deficiency to accumulate and may bring an action on several or all of the accrued deficiencies at one time. No suit shall prejudice in any way Landlord’s option right to bring a similar action for any deficiency or deficiencies that arise later. Any amount collected by Landlord from subsequent tenants for any calendar month which exceeds the amounts required to be paid by Tenant under this Lease shall be retained by Landlord and credited to reduce Tenant’s liability for any subsequent calendar month for which the amount collected by Landlord is less than the amount required to be paid by Tenant, as Tenant’s sole right to that excess. (ii) When Landlord desires to do so, including after it has elected to proceed under Section 14.03(b)(i) immediately above (that election not being exclusive under this Lease), Landlord may begin demand a final settlement. On that demand, Landlord is entitled to receive from Tenant the process difference between the total of evicting all amounts required to be paid by Tenant as permitted and outlined under this Lease for the remainder of the Term minus the reasonable rental value of the Premises for that period, with such difference to be discounted to a present value based on a rate equal to the rate of interest allowed by law. If Landlord chooses law in Texas when the parties to a contract have not to begin the eviction processagreed on a particular rate of interest (or, and in the absence of such a new Lease between Landlord and Tenantstipulated rate, at the rate of 10% per annum). (iii) Landlord’s election to proceed under Section 14.03(b)(i) above shall not prejudice its right thereafter to cancel that election in favor of the remedy described in Section 14.03(b)(ii) above, so long as at the time of that cancellation, Tenant shall pay Landlord Fair Use and Occupancy is still in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertydefault.

Termination of Lease. The Lease shall terminate on If a Condemning Authority notifies Landlord that the Termination Date. This Lease shall only be terminated prior to Condemning Authority will effect a Taking of all or any material part of the stated Termination Date upon the written and signed agreement of both Property, Landlord will notify Tenant and Tenant stating an exact date will reasonably determine whether the Taking will render the Premises and/or other portions of the Property which Tenant has the right to use hereunder (including parking areas) unsuitable for Tenant’s intended purposes. If Tenant reasonably concludes that the Taking will render the Premises and/or other portions of the Property which Tenant has the right to use hereunder unsuitable for Tenant’s intended purposes, Tenant will have the right to terminate the Lease shall endby written notice to Landlord. The parties agree that (without limiting the reasons that such determination may be made by Tenant) a determination by Tenant that a Taking will render the Premises (or other portion of the Property, and such date shall be substituted in this Lease as the New Termination Date. Should Landlord find Tenant or applicable) unsuitable for Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant intended purposes shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall conclusively be deemed to be collecting reasonable monies owed for purposes hereof if such Taking affects: (a) 10% or more of the rentable area of the Premises, or (b) 10% or more of the parking spaces which Tenant has the right to Landlord use under this Lease. If a Condemning Authority takes all or any material part of the Building or if a Taking reduces the value of the Property by 50% or more (as reasonably determined by Landlord), regardless of whether the Premises is affected and regardless of whether the Taking will render the Premises unsuitable for Tenant’s continued possessionintended purposes, usethen Landlord, in Landlord’s sole and absolute discretion, by notifying Tenant prior to the date that the Condemning Authority takes possession of the portion of the Property taken, may terminate this Lease effective on the date that the Condemning Authority takes possession of the portion of the Property taken. In the event of any termination of this Lease pursuant to this Section 12.1: (i) Landlord and Tenant will document such termination, (ii) this Lease will terminate as of the earlier of the date the Condemning Authority takes possession of the portion of the Property taken or the date on which the Premises (or other applicable portion of the Property) first becomes unsuitable for Tenant’s intended purposes, and occupancy (iii) Tenant will pay Rent to the date of Landlord’s propertytermination.

Termination of Lease. The Lessor may terminate this Lease or Lessee’s right to possession of the Premises by notice to Lessee or any other lawful means, in which case this Lease shall terminate on and Lessee shall immediately surrender possession of the Termination DatePremises to Lessor. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and In such date event Lessor shall be substituted in this Lease as entitled to recover from Lessee: (i) The worth at the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in time of award of the Unit beginning on unpaid Rentals which had been earned at the first day time of termination; (ii) The worth at the time of award of the amount by which the unpaid Rentals which would have been earned after termination until the Termination Date, Landlord at Landlord’s option may begin the process time of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in award exceeds the amount of $ per , due and payable to Landlord on , 20 such rental loss that Lessee proves could have been reasonably avoided; (iii) The worth at the location listed time of award (computed by discounting at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid Rentals for the balance of the Term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) Any other amounts necessary to compensate Lessor for detriment proximately caused by the default by Lessee or which in paragraph 5 titled “Rent; Time the ordinary course of events would likely result, including without limitation the reasonable costs and Manner expenses incurred by Lessor for: (A) Retaking possession of Payment the Premises; (B) Cleaning and making repairs and alterations (including installation of Rent,” As allowable leasehold improvements, whether or not the same shall be funded by lawa reduction of rent, by accepting one direct payment or more Fair Use otherwise) necessary to return the Premises to good condition and Occupancy payment(spreparing the Premises for reletting; (C) from TenantRemoving, Landlord transporting, and storing any of Lessee’s property left at the Premises (although Lessor shall not be deemed have no obligation to have waivedremove, voidedtransport, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for store any damages sustained of the property); (D) Reletting the Premises, including without limitation, brokerage commissions, advertising costs, and attorneys’ fees; (E) Attorneys’ fees, expert witness fees and court costs; (F) Any unamortized real estate brokerage commissions paid in connection with this Lease; and (G) Costs of carrying the Premises, such as a result of Tenant’s continued occupancy repairs, maintenance, taxes and insurance premiums, utilities and security precautions, if any. The “worth at the Unit past time of award” of the Termination Dateamounts referred to in Articles 23.a.(i) and 23.a.(ii) is computed by allowing interest at an annual rate equal to the greater of: ten percent (10%); or five percent (5%) plus the rate established by the Federal Reserve Bank of San Francisco, as of the 25th day of the month immediately preceding the default by Lessee, on advances to member banks under Section 13 and 13(a) of the Federal Reserve Act, as not in effect or New Termination Date hereafter from time to time amended (as applicablethe “Stipulated Rate”). Further, The computation of the amount of rental loss that could be or could have been reasonably avoided by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing Lessor pursuant to a new Lease but rather California Civil Code section 1951.2 shall take into account the use restrictions set forth in Article 8.a. above except to the extent that Lessee proves that under all circumstances the enforcement of the use restriction would be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyunreasonable.

Termination of Lease. The Lessor may terminate this Lease or Lessee's -------------------- right to possession of the Premises by notice to Lessee or any other lawful means, in which case this Lease shall terminate on and Lessee shall immediately surrender possession of the Termination DatePremises to Lessor. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and In such date event Lessor shall be substituted in this Lease as entitled to recover from Lessee: (i) The worth at the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in time of award of the Unit beginning on unpaid Rentals which had been earned at the first day time of termination; (ii) The worth at the time of award of the amount by which the unpaid Rentals which would have been earned after termination until the Termination Date, Landlord at Landlord’s option may begin the process time of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in award exceeds the amount of $ per , due and payable to Landlord on , 20 such rental loss that Lessee proves could have been reasonably avoided; (iii) The worth at the location listed time of award (computed by discounting at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid Rentals for the balance of the Term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) Any other amounts necessary to compensate Lessor for detriment proximately caused by the default by Lessee or which in paragraph 5 titled “Rent; Time the ordinary course of events would likely result, including without limitation the reasonable costs and Manner expenses incurred by Lessor for: (A) Retaking possession of Payment the Premises; (B) Cleaning and making repairs and alterations (including installation of Rent,” As allowable leasehold improvements, whether or not the same shall be funded by lawa reduction of rent, by accepting one direct payment or more Fair Use otherwise) necessary to return the Premises to good condition and Occupancy payment(spreparing the Premises for reletting; (C) from TenantRemoving, Landlord transporting, and storing any of Lessee's property left at the Premises (although Lessor shall not be deemed have no obligation to have waivedremove, voidedtransport, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for store any damages sustained as a result of Tenant’s continued occupancy at the Unit past property); (D) Reletting the Termination DatePremises, or New Termination Date (as applicable). Furtherincluding without limitation, by accepting one or more Fair Use and Occupancy payment(s) from Tenantbrokerage commissions, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useadvertising costs, and occupancy attorneys' fees; (E) Attorneys' fees, expert witness fees and court costs; (F) Any unamortized real estate brokerage commissions paid in connection with this Lease; and (G) Costs of Landlord’s propertycarrying the Premises, such as repairs, maintenance, taxes and insurance premiums, utilities and security precautions, if any.

Termination of Lease. The Lessor may terminate this Lease and all rights -------------------- of Lessee hereunder by giving Lessee written notice that this Lease is terminated, in which event the Term of this Lease shall terminate and all right, title and interest of Lessee hereunder shall expire on the Termination Datedate stated in such notice. This Lease Upon such termination, Lessor shall only be terminated prior entitled to recover from Lessee all the fixed dollar amounts of Total Rental accrued and unpaid for the period up to and including such date of termination, as well as all other additional sums payable by Lessee or for which Lessee is liable or in respect of which Lessee has agreed to indemnify Lessor under the provisions of this Lease. In addition, Lessor shall be entitled to recover as damages for the loss of the bargain and not as a penalty (i) the unamortized cost to Lessor, computed and determined in accordance with generally accepted accounting principles, of the Lessee improvements and alterations, if any, paid for and installed by Lessor pursuant to this Lease, plus (ii) the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate Total Rental at the same annual rate for the remainder of the Term as then in effect pursuant to the stated Termination Date upon applicable provisions of this Lease, over the written and signed agreement then present value of both Landlord and Tenant stating an exact date the then aggregate fair total rental value of the Leased Premises for the balance of the Lease shall endTerm, and such date shall present worth to be substituted computed in each case on the basis of a three percent (3%) per annum discount from the respective dates upon which such Total Rentals would have been payable hereunder had this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Datenot been terminated, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(splus (iii) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages in addition thereto, including reasonable attorneys' fees and court costs, which Lessor shall have sustained as a result by reason of Tenant’s continued occupancy at the Unit past breach of any of the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new covenants of this Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord other than for Tenant’s continued possession, use, and occupancy the payment of Landlord’s propertyTotal Rental.

Termination of Lease. The Lessor may terminate this Lease or Lessee's right -------------------- to possession of the Premises by notice to Lessee or any other lawful means, in which case this Lease shall terminate on and Lessee shall immediately surrender possession of the Termination DatePremises to Lessor. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and In such date event Lessor shall be substituted in this Lease as entitled to recover from Lessee: (i) The worth at the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in time of award of the Unit beginning on unpaid Rentals which had been earned at the first day time of termination; (ii) The worth at the time of award of the amount by which the unpaid Rentals which would have been earned after termination until the Termination Date, Landlord at Landlord’s option may begin the process time of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in award exceeds the amount of $ per , due and payable to Landlord on , 20 such rental loss that Lessee proves could have been reasonably avoided; (iii) The worth at the location listed time of award (computed by discounting at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid Rentals for the balance of the Term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) Any other amounts necessary to compensate Lessor for detriment proximately caused by the default by Lessee or which in paragraph 5 titled “Rent; Time the ordinary course of events would likely result, including without limitation the reasonable costs and Manner expenses incurred by Lessor for: (A) Retaking possession of Payment the Premises; (B) Cleaning and making repairs and alterations (including installation of Rent,” As allowable leasehold improvements, whether or not the same shall be funded by lawa reduction of rent, by accepting one direct payment or more Fair Use otherwise) necessary to return the Premises to good condition and Occupancy payment(spreparing the Premises for reletting; (C) from TenantRemoving, Landlord transporting, and storing any of Lessee's property left at the Premises (although Lessor shall not be deemed have no obligation to have waivedremove, voidedtransport, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for store any damages sustained as a result of Tenant’s continued occupancy at the Unit past property); (D) Reletting the Termination DatePremises, or New Termination Date (as applicable). Furtherincluding without limitation, by accepting one or more Fair Use and Occupancy payment(s) from Tenantbrokerage commissions, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useadvertising costs, and occupancy attorneys' fees; (E) Attorneys' fees, expert witness fees and court costs, (F) Any unamortized real estate brokerage commissions paid in connection with this Lease; and (G) Costs of Landlord’s propertycarrying the Premises, such as repairs, maintenance, taxes and insurance premiums. utilities and security precautions, if any.

Termination of Lease. The Terminate this Lease and all of Tenant's rights and obligations hereunder by delivery of written notice to Tenant. Such termination shall terminate on the Termination Date. This Lease shall only be terminated prior effective upon delivery of such notice to the stated Termination Date upon the written and signed agreement of both Landlord Tenant and Tenant stating an exact date shall immediately surrender possession of the Lease shall endPremises to Landlord. In such event, and such date Landlord shall be substituted in entitled to recover from Tenant and Tenant shall pay to Landlord immediately upon demand, all damages incurred by Landlord by reason of Tenant's default, including without limitation (a) all Rent due and payable under this Lease as of the New Termination Date. Should effective date of the termination; (b) any amount necessary to compensate Landlord find Tenant for all detriment proximately caused by Tenant's failure to perform its obligations under this Lease or Tenant’s personal property remaining which in the Unit beginning on ordinary course of things would be likely to result therefrom, including but not limited to, any costs or expenses incurred in (i) maintaining or preserving the first day Premises after such default, (ii) recovering possession of the Premises, removing persons and property from the Premises and storing such property, including court costs and reasonable attorneys' fees incurred in connection therewith (iii) reletting, renovating or altering the Premises, and (iv) real estate commission paid or payable in connection with reletting the Premises; and (c) an amount equal to the difference between the present worth, as of the effective date of the termination, of the Rent for the balance of the Term remaining after the Termination Dateeffective date of the termination (assuming no termination) and the present worth, Landlord at Landlord’s option may begin as of the process effective date of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction processtermination, and in the absence of a new Lease between Landlord fair and Tenantreasonable market rent for the Premises for the same period. For purposes of this section, Tenant present worth shall pay Landlord Fair Use and Occupancy in the amount be computed by utilizing a discount rate of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date six percent (as applicable6%). FurtherNothing in this section shall limit or prejudice Landlord's right to prove and obtain damages in an amount equal to the maximum amount allowed by the Laws, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy regardless of Landlord’s propertywhether such damages are greater than the amounts set forth herein.

Termination of Lease. The Lessor may terminate this Lease or Lessee’s right to possession of the Premises by notice to Lessee or any other lawful means, in which case this Lease shall terminate on and Lessee shall immediately surrender possession of the Termination DatePremises to Lessor. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and In such date event Lessor shall be substituted in this Lease as entitled to recover from Lessee: (i) The worth at the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in time of award of the Unit beginning on unpaid Rentals which have been earned at the first day time of termination; (ii) The worth at the time of award of the amount by which the unpaid Rentals which would have been earned after termination until the Termination Date, Landlord at Landlord’s option may begin the process time of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in award exceeds the amount of $ per , due and payable to Landlord on , 20 such rental loss that Lessee proves could have been reasonably avoided; (iii) The worth at the location listed in paragraph 5 titled “Rent; Time and Manner time of Payment of Rent,” As allowable award (computed by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy discounting at the Unit past discount rate of the Termination DateFederal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid Rentals for the balance of the Term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) Any other amounts necessary to compensate Lessor for all the detriment proximately caused by the default by Lessee or which in the ordinary course of events would likely result therefrom, including without limitation the reasonable costs and expense incurred by Lessor for: (A) Retaking possession of the Premises; (B) Cleaning and making repairs and alterations (including installation of leasehold improvements, whether or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather the same shall be deemed funded by a reduction of rent, direct payment or otherwise) necessary to be collecting reasonable monies owed return the Premises to Landlord good condition and preparing the Premises for Tenantreletting; (C) Removing, transporting and storing any of Lessee’s continued possessionproperty left at the Premises (although Lessor shall have no obligation to remove, usetransport or store any of the property); (D) Reletting the Premises, including without limitation, brokerage commissions, advertising costs and occupancy attorneys’ fees; (E) Attorneys’ fees, expert witness fees and court costs; (F) Any unamortized real estate brokerage commissions paid in connection with this Lease; and (G) Costs of Landlord’s propertycarrying the Premises, such as repairs, maintenance, taxes and insurance premiums, utilities and security precautions, if any.

Termination of Lease. The Lease One (1) week before vacating the leased premises, Tenant may notify Landlord and make an appointment for inspection of the premises. Tenant may be present with Landlord during the inspection at which time Landlord will make an inspection report to determine any damages that are Tenant's responsibility. Tenant shall terminate on pay for the Termination Daterepairs that are deemed ▇▇▇▇▇▇'s responsibility before vacating the premises. This Lease Landlord reserves the right for a final inspection after tenant vacates property. Tenant will thoroughly clean the leased premises and restore it to its original condition normal wear and tear excepted, or pay Landlord the cost of doing so. Any alterations made by Tenant without prior written approval of Landlord shall only be terminated removed at the expense of Tenant, if Landlord requires it. Any alterations made by Tenant with prior approval of Landlord will remain part of the premises. ▇▇▇▇▇▇ agrees to pay for all cleaning necessary (including carpets) to restore the premises to satisfactory condition for a new tenant. It is agreed that these charges are to be deducted from Tenant's security deposit prior to its return. Tenant shall lock all doors and windows. Tenant shall have utilities taken out of ▇▇▇▇▇▇'s name and arrange to pay the stated Termination Date upon final utility bills. ▇▇▇▇▇▇ will personally notify Landlord of the written and signed agreement of both Landlord and date Tenant stating an exact date vacates the Lease shall endleased premises, and such date shall be substituted in will provide Landlord with a forwarding address and telephone number of Contact Person. Upon vacating the leased premises and terminating this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and TenantLease, Tenant shall pay remove all personal property. Any property not removed by the end of the Lease term will be considered abandoned and unwanted. Landlord Fair Use may remove and Occupancy in the amount of $ per , due and payable store such property if Tenant fails to Landlord on , 20 remove such property at the location listed in paragraph 5 titled “Rent; Time and Manner expense of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, ▇▇▇▇▇▇. Landlord shall not be deemed liable to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, loss or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing damage to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s such property.

Termination of Lease. The Lessor may terminate this Lease or Lessee’s right to possession of the Premises by notice to Lessee or any other lawful means, in which case this Lease shall terminate on and Lessee shall immediately surrender possession of the Termination DatePremises to Lessor. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and In such date event Lessor shall be substituted in this Lease as entitled to recover from Lessee: (i) The worth at the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in time of award of the Unit beginning on unpaid Rentals which had been earned at the first day time of termination; (ii) The worth at the time of award of the amount by which the unpaid Rentals which would have been earned after termination until the Termination Date, Landlord at Landlord’s option may begin the process time of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in award exceeds the amount of $ per , due and payable to Landlord on , 20 such rental loss that Lessee proves could have been reasonably avoided; (iii) The worth at the location listed time of award (computed by discounting at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid Rentals for the balance of the Term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) Any other amounts necessary to compensate Lessor for detriment proximately caused by the default by Lessee or which in paragraph 5 titled “Rent; Time the ordinary course of events would likely result, including without limitation the reasonable costs and Manner expenses incurred by Lessor for: (A) Retaking possession of Payment the Premises; (B) Cleaning and making repairs and alterations (including installation of Rent,” As allowable leasehold improvements, whether or not the same shall be funded by lawa reduction of rent, by accepting one direct payment or more Fair Use otherwise) necessary to return the Premises to good condition and Occupancy payment(spreparing the Premises for reletting; (C) from TenantRemoving, Landlord transporting, and storing any of Lessee’s property left at the Premises (although Lessor shall not be deemed have no obligation to have waivedremove, voidedtransport, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for store any damages sustained of the property); (D) Reletting the Premises, including without limitation, brokerage commissions, advertising costs, and attorneys’ fees; (E) Attorneys’ fees, expert witness fees and court costs; (F) Any unamortized real estate brokerage commissions paid in connection with this Lease; and (G) Costs of carrying the Premises, such as a result of Tenant’s continued occupancy repairs, maintenance, taxes and insurance premiums, utilities and security precautions, if any. The “worth at the Unit past time of award” of the Termination Dateamounts referred to in Articles 23.a.(i) and 23.a.(ii) is computed by allowing interest at an annual rate equal to the greater of: ten percent (10%); or five percent (5%) plus the rate established by the Federal Reserve Bank of San Francisco, as of the 25th day of the month immediately preceding the default by Lessee, on advances to member banks under Section 13 and 13(a) of the Federal Reserve Act, as now in effect or New Termination Date hereafter from time to time amended (as applicablethe “Stipulated Rate”). Further, The computation of the amount of rental loss that could be or could have been reasonably avoided by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing Lessor pursuant to a new Lease but rather California Civil Code section 1951.2 shall take into account the use restrictions set forth in Article 8.a. above except to the extent that Lessee proves that under all circumstances the enforcement of the use restriction would be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyunreasonable.

Termination of Lease. The Landlord may terminate this Lease and ▇▇▇▇▇▇’s right to possession of the Premises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord in order to perform acts of maintenance, cure defaults, preserve the Premises or to attempt to relet the Premises, or the appointment of a receiver in order to protect the Landlord’s interest under this Lease, shall not be deemed a termination of Tenant’s right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Paragraph 23 of this Lease shall terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall endin lieu of, and such date shall be substituted not in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Dateaddition to, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by any other notice required under Utah law. If Landlord chooses not terminates this Lease and ▇▇▇▇▇▇’s right to begin possession of the eviction processPremises, and in Landlord may recover from Tenant: (1) The actual worth at the absence time of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the award of unpaid rent which had been earned at the time of termination; plus (2) The actual worth at the time of the 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 $ per , due and payable to Landlord on , 20 such rental loss that Tenant proves could have been reasonably avoided; plus (3) The actual worth at the location listed time of the award of the amount by which the unpaid rent for the balance of the Lease Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (4) Other actual amounts directly contributable to Tenant’s default of this Lease to compensate the Landlord for the detriment solely caused by Tenant’s failure to perform its obligations under this Lease or which in paragraph 5 titled “Rent; Time the ordinary course of things would be likely to result therefrom, including any legal expenses, brokers commissions or finders fees (in connection with reletting the Premises and Manner the pro rata portion of Payment any leasing commission paid by Landlord in connection with this Lease which is applicable to the portion of Rent,” As allowable the Lease Term, including option periods, which is unexpired as of the date on which this Lease terminated), the costs of repairs, cleanup, refurbishing, removal and storage or disposal of Tenant’s personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does not remove (including those alterations which Tenant is required to remove pursuant to an election by lawLandlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by accepting one Landlord in regaining possession of and reletting (or more Fair Use attempting to relet) the Premises. Tenant shall also reimburse Landlord for the pro rata portion of leasehold improvement costs paid by Landlord to install leasehold improvements on the Premises which is applicable to that portion of the Lease Term including any terminated option periods which is unexpired as of the date on which this Lease terminated, discounted to present value. In any such event, and Occupancy payment(s) from Tenantat Landlord’s expense, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained provide documentation in support of the actual amounts claimed as being incurred as a result of Tenant’s continued occupancy default of this Lease. All computations of the “actual worth at the Unit past time of the Termination Dateaward” of amounts recoverable by Landlord under (1) and (2) hereof shall be computed by allowing interest at the maximum lawful contract rate per annum. The “worth at the time of the award” recoverable by Landlord under (3) and the discount rate for purposes of determining any amounts recoverable under (4), or New Termination Date if applicable, shall be computed by discounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank, San Francisco, California, at the time of the award plus one percent (as applicable1%). FurtherUpon termination of this Lease, whether by accepting one lapse of time or more Fair Use otherwise, ▇▇▇▇▇▇ shall immediately vacate the Premises and Occupancy payment(s) from Tenant, Landlord is not agreeing deliver possession to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useLandlord, and occupancy of Landlord’s propertyLandlord shall have the right to re-enter the Premises.

Termination of Lease. The Landlord may terminate this Lease and Tenant’s right to possession of the Premises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord in order to perform acts of maintenance, cure defaults, preserve the Premises or to attempt to relet the Premises, or the appointment of a receiver in order to protect the Landlord’s interest under this Lease, shall not be deemed a termination of Tenant’s right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Section 23 of this Lease shall terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall endin lieu of, and such date shall be substituted not in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Dateaddition to, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by any notice required under applicable Oregon law. If Landlord chooses not to begin the eviction process, and in the absence of a new terminates this Lease between Landlord and Tenant’s right to possession of the Premises, Tenant shall pay Landlord Fair Use and Occupancy in may recover from Tenant: (i) The amount of unpaid rent which had been earned at the time of termination; plus (ii) The amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of $ per such rental loss that Tenant proves could have been reasonably avoided; plus (iii) The amount by which the unpaid rent for the balance of the Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (iv) Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, due including any legal expenses, brokers commissions or finders fees (in connection with reletting the Premises and payable the pro rata portion of any leasing commission paid by Landlord in connection with this Lease which is applicable to Landlord the portion of the Term, including option periods, which is unexpired as of the date on which this Lease terminated), 20 at the location listed in paragraph 5 titled “Rent; Time costs of repairs, cleanup, refurbishing, removal and Manner of Payment of Rent,” As allowable by law, by accepting one storage or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result disposal of Tenant’s continued occupancy personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does not remove (including those alterations which Tenant is required to remove pursuant to an election by Landlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of and reletting (or attempting to relet) the Premises. Tenant shall also reimburse Landlord for the pro rata portion of TI Allowance paid by Landlord to install Tenant Improvements on the Premises which is applicable to that portion of the Term including any terminated option periods which is unexpired as of the date on which this Lease terminated, discounted to present value. All computations of the “worth at the Unit past time of the Termination Date, or New Termination Date award” of amounts recoverable by Landlord under (as applicable). Further, by accepting one or more Fair Use i) and Occupancy payment(s(ii) from Tenant, Landlord is not agreeing to a new Lease but rather hereof shall be deemed to be collecting reasonable monies owed to computed by allowing interest at the maximum lawful contract rate per annum. The “worth at the time of the award” recoverable by Landlord for Tenant’s continued possession, use, under (iii) and occupancy of Landlord’s property.the

Termination of Lease. The At the expiration or earlier termination of the Lease shall terminate on for whatever reason or upon Tenant vacating the Termination Date. This Lease shall only be terminated Premises with the permission of Landlord prior to the stated Termination Date expiration hereof, Tenant shall, if so required by Landlord, remove all or specified improvements including, without limitation, all improvements installed by landlord or Tenant in the Premises and regardless of whether Landlord or Tenant is or was responsible for the cost thereof, Tenant shall thereupon become obligated to restore the Premises to their original condition, save for such improvements as Landlord permits to remain. Should Tenant not be required to remove any of such improvements, they shall, upon the written and signed agreement expiration or earlier termination of both this Lease for any other reason, remain in the Premises as the property of Landlord and without any compensation being paid therefore to Tenant. Moreover, all obligations of Tenant stating an exact date under the Lease which have arisen on or before its expiration or earlier termination, all obligations to pay amounts due hereunder and/or pursuant to adjustment provided for by the Lease shall endsurvive the expiration or earlier termination of the Lease. (i) Tenant shall pay Landlord forthwith on demand all charges as determined and allocated by Landlord, acting reasonably, in respect of all special services provided to or for the benefit of Tenant beyond building standard services, the costs for which are included in Operating Expenses, such special services including, without limitation, charges for security, hoisting, supervision, waste removal and receiving, storing and handling materials and articles. (ii) Landlord shall have the right, to be exercised by written notice to Tenant, to require that Landlord be the exclusive supplier, at Tenant’s expense, of such date shall be substituted materials or services for Tenant in respect of the Premises and the Project not otherwise expressly provided for in this Lease as the New Termination Date. Should Landlord find Tenant may designate from time to time (“Services”) including, without limitation: replacement of tubes, bulbs and ballasts; waste removal; any services requiring drilling or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Dateotherwise penetrating floors, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted walls and outlined by lawceilings; and locksmithing and security arrangements. If Landlord chooses does not require that it be the supplier of Services, only persons approved by Landlord, acting reasonably, may supply Services to begin the eviction process, Tenant but subject to reasonable rules and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable regulations established by law, by accepting one or more Fair Use and Occupancy payment(sLandlord. (iii) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant liable for any damages sustained as a result caused in performance of Tenant’s continued occupancy at the Unit past the Termination Dateany maintenance or cleaning provided hereunder, no matter how caused, whether by negligence or New Termination Date (as applicable)otherwise. Further, by accepting one Landlord shall not be liable for any indirect or more Fair Use and Occupancy payment(s) consequential damage arising from Tenant, Landlord is not agreeing any default in or failure to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyperform any such maintenance or cleaning.

Termination of Lease. The Lease shall Landlord may terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as and Tenant's right to possession of the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by lawPremises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord chooses not in order to begin perform acts of maintenance, cure defaults, preserve the eviction processPremises or to attempt to relet the Premises, and in or the absence appointment of a new Lease between Landlord and Tenantreceiver in order to protect the Landlord's interest under this Lease, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result termination of Tenant’s continued occupancy 's right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Paragraph 23 of this Lease shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure. If Landlord terminates this Lease and Tenant's right to possession of the Premises, Landlord may recover from Tenant: i. The worth at the Unit past time of the Termination Dateaward of unpaid rent which had been earned at the time of termination; plus ii. The worth at the time of the 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 rental loss that Tenant proves could have been reasonably avoided; plus iii. The worth at the time of the award of the amount by which the unpaid rent for the balance of the Lease Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus iv. Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including any legal expenses, brokers commissions or New Termination Date finders fees (in connection with reletting the Premises and the pro rata portion of any leasing commission paid by Landlord in connection with this Lease which is applicable to the portion of the Lease Term, including option periods, which is unexpired as applicableof the date on which this Lease terminated). Further, the costs of repairs, cleanup, refurbishing, removal and storage or disposal of Tenant's personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does not remove (including those alterations which Tenant is required to remove pursuant to an election by accepting one or more Fair Use Landlord and Occupancy payment(s) from Tenant, Landlord is not agreeing actually removes whether notice to a new Lease but rather remove shall be deemed delivered to be collecting reasonable monies owed Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of and reletting (or attempting to relet) the Premises. Tenant shall also reimburse Landlord for Tenant’s continued possessionthe pro rata portion of leasehold improvement costs paid by Landlord to install leasehold improvements on the Premises which is applicable to that portion of the Lease Term including any terminated option periods which is unexpired as of the date on which this Lease terminated, use, and occupancy of Landlord’s propertydiscounted to present value.

Termination of Lease. The Landlord can terminate this Lease and Tenant’s right to possession of the Premises by giving written notice of termination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving written notice to Tenant of such termination shall terminate on the Termination Datethis Lease. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination DateUpon termination, Landlord at Landlord’s option may begin has the process of evicting Tenant as permitted and outlined right to recover all damages incurred by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy default, including: (a) The worth at the Unit past time of award of any unpaid rent that had been earned at the Termination Datetime of such termination; plus (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after the date of termination until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s default, Including, but not limited to (i) expenses for cleaning, repairing or New Termination Date restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers’ fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises, such as applicable)taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys’ fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease, and (viii) payment of any previously waived or abated Minimum Monthly Rent and/or Additional Rent; plus (e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under applicable law. FurtherAs used in paragraphs (a) and (b) above, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather the “worth at the time of award” shall be deemed to computed by allowing interest at the maximum permissible legal rate. As used in paragraph (c) above, the “worth at the time of award” shall be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy computed by discounting such amount at the discount rate of Landlord’s propertythe Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).

Termination of Lease. The Lease shall Landlord may terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as and ▇▇▇▇▇▇’s right to possession of the New Termination DatePremises. Should If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord find Tenant in order to perform acts of maintenance, cure defaults, preserve the Premises or Tenant’s personal property remaining to attempt to relet the Premises, or the appointment of a receiver in order to protect the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction processinterest under this Lease, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed a termination of Tenant’s right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Paragraph 23 of this Lease shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure. If Landlord terminates this Lease and ▇▇▇▇▇▇’s right to possession of the Premises, Landlord may recover from Tenant: (1) The worth at the time of the award of unpaid rent which had been earned at the time of termination; plus (2) The worth at the time of the award of the amount by which the unpaid rent which would have waivedbeen earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (3) The worth at the time of the award of the amount by which the unpaid rent for the balance of the Lease Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (4) Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, voidedincluding any legal expenses, brokers’ commissions or precluded Landlordfinders fees (in connection with reletting the Premises and the pro rata portion of any leasing commission paid by Landlord in connection with this Lease which is applicable to the portion of the Lease Term, including option periods, which is unexpired as of the date on which this Lease terminated), the costs of repairs, cleanup, refurbishing, removal and storage or disposal of Tenant’s ability personal property, equipment, fixtures and anything else that Tenant is required under this Lease to evict remove but does not remove (including those alterations which Tenant is required to remove pursuant to an election by Landlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of and reletting (or attempting to relet) the Premises. Tenant shall also reimburse Landlord for the pro rata portion of leasehold improvement costs paid by Landlord to install leasehold improvements on the Premises which is applicable to that portion of the Lease Term including any terminated option periods which is unexpired as of the date on which this Lease terminated, discounted to present value. All computations of the “worth at the time of the award” of amounts recoverable by Landlord under (1) and (2) hereof shall be computed by allowing interest at the maximum lawful contract rate per annum. The “worth at the time of the award” recoverable by Landlord under (3) and the discount rate for purposes of determining any amounts recoverable under (4), if applicable, shall be computed by discounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank, San Francisco, California, at the time of the award plus one percent (1%). Upon termination of this Lease, whether by lapse of time or otherwise, ▇▇▇▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at shall immediately vacate the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use Premises and Occupancy payment(s) from Tenant, Landlord is not agreeing deliver possession to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useLandlord, and occupancy of Landlord’s propertyLandlord shall have the right to re-enter the Premises.

Termination of Lease. The Lease shall Landlord may terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as and Tenant's right to possession of the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by lawPremises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord chooses not in order to begin perform acts of maintenance, cure defaults, preserve the eviction processPremises or to attempt to relet the Premises, and in or the absence appointment of a new Lease between Landlord and Tenantreceiver in order to protect the Landlord's interest under this Lease, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result termination of Tenant’s continued occupancy 's right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. If Landlord terminates this Lease and Tenant's right to possession of the Premises, Landlord may recover from Tenant: (1) The worth at the Unit past time of the Termination Dateaward of unpaid rent which had been earned at the time of termination; plus (2) The worth at the time of the 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 rental loss that Tenant proves could have been reasonably avoided; plus (3) The worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (4) Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including any legal expenses, brokers commissions or New Termination Date finders fees (in connection with reletting the Premises and the pro rata portion of any leasing commission paid by Landlord in connection with this Lease which is applicable to the portion of the Term, including option periods, which is unexpired as of the date on which this Lease terminated), the costs of repairs, cleanup, refurbishing, removal and storage or disposal of Tenant's personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does not remove (including those alterations which Tenant is required to remove pursuant to an election by Landlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of and reletting (or attempting to relet) the Premises. Tenant shall also reimburse Landlord for the pro rata portion of leasehold improvement costs paid by Landlord to install leasehold improvements on the Premises which is applicable to that portion of the Term including any terminated option periods which is unexpired as of the date on which this Lease terminated, discounted to present value. All computations of the "worth at the time of the award" of amounts recoverable by Landlord under (1) and (2) hereof shall be computed by allowing interest at the maximum lawful contract rate per annum. The "worth at the time of the award" recoverable by Landlord under (3) and the discount rate for purposes of determining any amounts recoverable under (4), if applicable, shall be computed by discounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank, San Francisco, California, at the time of the award plus one percent (1%). FurtherUpon termination of this Lease, whether by accepting one lapse of time or more Fair Use otherwise, Tenant shall immediately vacate the Premises and Occupancy payment(s) from Tenant, Landlord is not agreeing deliver possession to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useLandlord, and occupancy of Landlord’s propertyLandlord shall have the right to re-enter the Premises.

Termination of Lease. The Lease shall Landlord may terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as and Tenant's right to possession of the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by lawPremises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord chooses not in order to begin perform acts of maintenance, cure defaults, preserve the eviction processPremises or to attempt to relet the Premises, and in or the absence appointment of a new Lease between Landlord and Tenantreceiver in order to protect Landlord's interest under this Lease, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result termination of Tenant’s continued occupancy 's right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Paragraph 23 of this Lease shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure. If Landlord terminates this Lease and Tenant's right to possession of the Premises, Landlord may recover from Tenant: (1) The worth at the Unit past time of the Termination Dateaward of unpaid rent which had been earned at the time of termination; plus (2) The worth at the time of the 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 rental loss that Tenant proves could have been reasonably avoided; plus (3) The worth at the time of the award of the amount by which the unpaid rent for the balance of the Lease Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (4) Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including any legal expenses, brokers commissions or New Termination Date finders fees to the extent allocable to the remaining Lease Term, the costs of repairs, cleanup, refurbishing, removal and storage or disposal of Tenant's personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does not remove (as applicableincluding those alterations which Tenant is required to remove pursuant to an election by Landlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of and reletting (or attempting to relet) the Premises in each case to the extent allocable to the remaining Lease Term. All computations of the "worth at the time of the award" of amounts recoverable by Landlord under (1) and (2) hereof shall be computed by allowing interest at the lesser of the highest rate permitted by applicable law or ten percent (10%) per annum (the "Interest Rate"). FurtherThe "worth at the time of the award" recoverable by Landlord under (3) and the discount rate for purposes of determining any amounts recoverable under (4), by accepting one or more Fair Use and Occupancy payment(s) from Tenantif applicable, Landlord is not agreeing to a new Lease but rather shall be deemed computed by discounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank, San Francisco, California, at the time of the award plus one percent (1%). Upon termination of this Lease, whether by lapse of time or otherwise, Tenant shall immediately vacate the Premises and deliver possession to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useLandlord, and occupancy of Landlord’s propertyLandlord shall have the right to re-enter the Premises.

Termination of Lease. The Lease shall Landlord may terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as the New Termination Date. Should Landlord find Tenant or and Tenant’s personal property remaining right to possession of the Premises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord in order to perform acts of maintenance, cure defaults, preserve the Unit beginning on Premises or to attempt to relet the first day after Premises, or the Termination Date, Landlord at appointment of a receiver in order to protect the Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction processinterest under this Lease, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result termination of Tenant’s continued occupancy right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Section 23 of this Lease shall be in lieu of, and not in addition to, any notice required under Sections 1161 et seq. of the California Code of Civil Procedure. If Landlord terminates this Lease and Tenant’s right to possession of the Premises, Landlord may recover from Tenant: (i) The worth at the Unit past time of the Termination Dateaward of unpaid rent which had been earned at the time of termination; plus (ii) The worth at the time of the 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 rental loss that Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (iv) Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including any legal expenses, brokers commissions or New Termination Date finders fees (in connection with reletting the Premises and the pro rata portion of any leasing commission paid by Landlord in connection with this Lease which is applicable to the portion of the Term, including option periods, which is unexpired as of the date on which this Lease terminated), the costs of repairs, cleanup, refurbishing, removal and storage or disposal of Tenant’s personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does not remove (including those alterations which Tenant is required to remove pursuant to an election by Landlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of and reletting (or attempting to relet) the Premises. Tenant shall also reimburse Landlord for the pro rata portion of leasehold improvement costs paid by Landlord to install leasehold improvements on the Premises which is applicable to that portion of the Term including any terminated option periods which is unexpired as of the date on which this Lease terminated, discounted to present value. All computations of the “worth at the time of the award” of amounts recoverable by Landlord under (1) and (2) hereof shall be computed by allowing interest at the maximum lawful contract rate per annum. The “worth at the time of the award” recoverable by Landlord under (3) and the discount rate for purposes of determining any amounts recoverable under (4), if applicable, shall be computed by discounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank, San Francisco, California, at the time of the award plus one percent (1%). FurtherUpon termination of this Lease, whether by accepting one lapse of time or more Fair Use otherwise, Tenant shall immediately vacate the Premises and Occupancy payment(s) from Tenant, Landlord is not agreeing deliver possession to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useLandlord, and occupancy of Landlord’s propertyLandlord shall have the right to re-enter the Premises.

Termination of Lease. The If Landlord terminates this Lease pursuant to -------------------- the terms and provisions of this Section 16, Landlord may recover from Tenant and Tenant shall terminate pay to Landlord, on demand, the Rent and other charges payable by Tenant to Landlord through the date of termination, and, in addition, shall pay to Landlord as damages, at the election of Landlord, either: (x) an accelerated lump sum amount equal to the present value (calculated using a discount rate equal to Landlord's reasonable estimate of the yield, as of the date of termination, produced by United States Treasury general obligation bills or notes (as the case may be) maturing on the Termination date nearest in time to the Expiration Date. This ) of the amount by which Landlord's reasonable estimate of the aggregate amount of Rent owing from the date of such termination through the Expiration Date plus Landlord's reasonable estimate of the aggregate expenses of reletting the Premises exceeds Landlord's reasonable estimate of the fair rental value of the Premises for the same period (after deducting from such fair rental value the time needed to relet the Premises and the amount of concessions which would normally be given to a new tenant); or (y) amounts equal to the Rent which would have been payable by Tenant had this Lease not been so terminated, payable upon the due dates therefor specified herein following such termination and until the Expiration Date; provided, however, if Landlord shall only re-let the Premises during such period, then Landlord shall credit Tenant with the net rents received by Landlord from such re-letting, such net rents to be terminated determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses incurred or paid by Landlord in tenninating this Lease, as well as the expenses of re-letting, including altering and preparing the Premises for new tenants, brokerage commissions, and all other similar and dissimilar expenses properly chargeable against the Premises and the rental therefrom, it being understood that any such re-letting rday be for a period equal to or shorter or longer than the remaining Tenn of this Lease; and provided, further, that (i) in no event shall Tenant be entitled to receive any excess of such net rents over the sums payable by Tenant to Landlord hereunder and (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph or to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the stated Termination Date upon commencement of such suit. If the written Premises or any part thereof shall be re-let in combination with other space, a proper apportionment on a square foot area basis shall be made of the rent received from re-letting and signed agreement other expenses of both such reletting. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord and Tenant stating an exact date the Lease shall endfrom time to time at its election, and such date shall be substituted in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather nothing contained herein shall be deemed to be collecting reasonable monies owed require Landlord to Landlord for Tenant’s continued possession, use, and occupancy postpone suit until the date when the Term of Landlord’s propertythis Lease would have expired if it had not been terminated hereunder.

Termination of Lease. The Lessor may terminate this Lease and all rights of Lessee hereunder by giving Lessee written notice that this Lease is terminated, in which event the Term of this Lease shall terminate and all right, title and interest of Lessee hereunder shall expire on the Termination Datedate stated in such notice. This Lease Upon such termination, Lessor shall only be terminated prior entitled to recover from Lessee all the fixed dollar amounts of Total Rental accrued and unpaid for the period up to and including such date of termination, as well as all other additional sums payable by Lessee or for which Lessee is liable or in respect of which Lessee has agreed to indemnify Lessor under the provisions of this Lease. In addition, Lessor shall be entitled to recover as damages for the loss of the bargain and not as a penalty (i) the unamortized cost to Lessor, computed and determined in accordance with generally accepted accounting principles, of the Lessee improvements and alterations, if any, paid for and installed by Lessor pursuant to this Lease, plus (ii) the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate Total Rental at the same annual rate for the remainder of the Term as then in effect pursuant to the stated Termination Date upon applicable provisions of this Lease, over the written and signed agreement then present value of both Landlord and Tenant stating an exact date the then aggregate fair total rental value of the Leased Premises (based on gross rent) for the balance of the Lease shall endTerm, and such date shall present worth to be substituted computed in each case on the basis of a five percent (5%) per annum discount from the respective dates upon which such Total Rentals would have been payable hereunder had this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Datenot been terminated, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(splus (iii) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages in addition thereto, including reasonable attorneys’ fees and court costs, which Lessor shall have sustained as a result by reason of Tenant’s continued occupancy at the Unit past breach of any of the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new covenants of this Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord other than for Tenant’s continued possession, use, and occupancy the payment of Landlord’s propertyTotal Rental.

Termination of Lease. The Lease shall terminate on Upon the Termination Datetermination of this Lease, or the termination of Tenant’s right to possession as the result of Tenant’s breach of this Lease, Landlord may exercise any or all of the following rights: i. To relet the Premises for such rent and terms as are commercially reasonable under the circumstances. This Lease shall only be terminated prior to If the stated Termination Date upon the written rent and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in additional rent reserved under this Lease as (and any of the New Termination Date. Should Landlord find Tenant costs, expenses or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at damages indicated below) shall not be realized by Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use be liable for the damages sustained by Landlord, including without limitation, deficiency in rent, reasonable attorneys’ fees and Occupancy collection costs, brokerage fees, and expenses of placing the Premises in good order. Landlord’s putting the amount of $ per , due and payable to Landlord on , 20 at Premises in good order or preparing the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) same for rental shall not release Tenant from Tenant, this Lease. Landlord shall not be deemed required to have waivedrelet the Premises in advance of or for more favorable terms than available space within the Building or Project. Tenant shall not be entitled to receive any excess of net rent collected over the sums due hereunder. Any damage or loss of rent sustained by Landlord may be recovered by Landlord, voidedat Landlord’s option, at the time of the first reletting, in separate actions thereafter, or precluded deferred until the expiration of the term of this Lease. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exclusive of any other rights and remedies provided to Landlord under applicable law. ii. To remove any and all persons and property from the Premises pursuant to such rights and remedies as the laws of the State of Nevada shall then provide. Said property may, at Landlord’s ability option, be stored or otherwise dealt with as such laws may then provide or permit, including but not limited to evict Tenant the right of Landlord to store the same, or to ▇▇▇ Tenant any part thereof, in a warehouse or elsewhere at the expense and risk of and for any damages sustained as a result the account of Tenant’s continued occupancy at . Landlord shall not be liable for damage to or the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy loss of Landlord’s such property. iii. To enforce any other rights or remedies set forth in this Lease or otherwise applicable hereto by operation of law or contract.

Termination of Lease. The Landlord may terminate this Lease and/or Tenant’s right to possession of the Premises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord in order to perform acts of maintenance, cure defaults, preserve the Premises or to attempt to relet the Premises, or the appointment of a receiver in order to protect the Landlord’s interest under this Lease, shall not be deemed a termination of Tenant’s right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Paragraph 23 of this Lease shall terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall endin lieu of, and such date shall be substituted not in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Dateaddition to, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by any notice required under applicable law. If Landlord chooses terminates this Lease and Tenant’s right to possession of the Premises, Landlord may recover from Tenant: (1) The worth at the time of the award of unpaid rent which had been earned at the time of termination; plus (2) The worth at the time of the 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 rental loss that Tenant proves could have been reasonably avoided; plus (3) The worth at the time of the award of the amount by which the unpaid rent for the balance of the Lease Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (4) Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including any legal expenses, brokers’ commissions or finders fees (in connection with reletting the Premises and the pro rata portion of any leasing commission paid by Landlord in connection with this Lease which is applicable to the portion of the Lease Term, including option periods, which is unexpired as of the date on which this Lease terminated), the costs of repairs, cleanup, refurbishing, removal and storage or disposal of Tenant’s personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does not remove (including those alterations which Tenant is required to begin the eviction processremove pursuant to an election by Landlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of and reletting (or attempting to relet) the absence Premises. Tenant shall also reimburse Landlord for the pro rata portion of a new leasehold improvement costs paid by Landlord to install leasehold improvements on the Premises which is applicable to that portion of the Lease between Term including any terminated option periods which is unexpired as of the date on which this Lease terminated, discounted to present value. All computations of the “worth at the time of the award” of amounts recoverable by Landlord under (1) and Tenant(2) hereof shall be computed by allowing interest at the maximum lawful contract rate per annum. The “worth at the time of the award” recoverable by Landlord under (3) and the discount rate for purposes of determining any amounts recoverable under (4), if applicable, shall be computed by discounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank, San Francisco, California at the time of the award plus one percent (1%). Upon termination of this Lease, whether by lapse of time or otherwise, Tenant shall pay Landlord Fair Use immediately vacate the Premises and Occupancy in the amount of $ per deliver possession to Landlord, due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed have the right to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at re-enter the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyPremises.

Termination of Lease. The Lessor may terminate this Lease and all rights of Lessee hereunder by giving Lessee written notice that this Lease is terminated, in which event the Term of this Lease shall terminate and all right, title and interest of Lessee hereunder shall expire on the Termination Datedate stated in such notice. This Lease Upon such termination, Lessor shall only be terminated prior entitled to recover from Lessee all the fixed dollar amounts of Total Rental accrued and unpaid for the period up to and including such date of termination, as well as all other additional sums payable by Lessee or for which Lessee is liable or in respect of which Lessee has agreed to indemnify Lessor under the provisions of this Lease. In addition, Lessor shall be entitled to recover as damages for the loss of the bargain and not as a penalty (i) the unamortized cost to Lessor, computed and determined in accordance with generally accepted accounting principles, of the Lessee improvements and alterations, if any, paid for and installed by Lessor pursuant to this Lease, plus (ii) the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate Total Rental at the same annual rate for the remainder of the Term as then in effect pursuant to the stated Termination Date upon applicable provisions of this Lease, over the written and signed agreement then present value of both Landlord and Tenant stating an exact date the then aggregate fair total rental value of the Leased Premises for the balance of the Lease shall endTerm, and such date shall present worth to be substituted computed in each case on the basis of a three percent (3%) per annum discount from the respective dates upon which such Total Rentals would have been payable hereunder had this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Datenot been terminated, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(splus (iii) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages in addition thereto, including reasonable attorneys' fees and court costs, which Lessor shall have sustained as a result by reason of Tenant’s continued occupancy at the Unit past breach of any of the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new covenants of this Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord other than for Tenant’s continued possession, use, and occupancy the payment of Landlord’s propertyTotal Rental.

Termination of Lease. If Tenant shall neglect or fail to pay rent, perform or observe any of the covenants herein contained on Tenant’s part to be observed and performed, then Landlord shall have all the rights to repossess the Premises as provided by law. The Lease shall terminate on Tenant agrees to indemnify and reimburse Landlord, as provided by law, for all expenses incurred in obtaining possession of the Termination DatePremises, enforcing Tenant’s obligation under this lease, and all loss of rent which the Landlord may incur by reason of such repossession during the remainder of the term herein specified. This Lease shall only be terminated In the event Landlord retakes possession of the Premises, for any reason, prior to the stated Termination Date upon expiration of the written and signed agreement of both lease term, Tenant acknowledges that Landlord and Tenant stating an exact date through his attempts to rent the Lease shall endPremises will incur certain expenses, and such date therefore Tenant agrees to pay Landlord the sum of one-half one month’s Rent Installment payment as liquidated damages which both parties agree are reasonable charges that Landlord will incur in its effort to rent the Premises. Landlord shall be substituted re-enter and take possession only by lawful means pursuant to a court order or after the Premises have been surrendered or abandoned by Tenant and shall not re-enter by means of force, lockout, or termination of essential services. In the event of recovery of the Premises by the Landlord, the Landlord shall use his best efforts to re-rent the Premises on reasonable terms. Tenant agrees to pay Landlord any difference between rent agreed upon in this Lease as lease and rent collected from re- rental of Premises for the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process term of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertythis lease.

Termination of Lease. The If Landlord terminates this Lease pursuant to the terms and provisions of this Section 16, Landlord may recover from Tenant and Tenant shall terminate pay to Landlord, on demand, the Termination Rent and other charges payable by Tenant to Landlord through the date of termination, and, in addition, shall pay to Landlord as damages, at the election of Landlord, either: (x) an accelerated lump sum amount equal to the amount by which Landlord’s estimate of the aggregate amount of Rent owing from the date of such termination through the Expiration Date plus Landlord’s estimate of the aggregate expenses of reletting the Premises exceeds Landlord’s estimate of the fair rental value of the Premises for the same period (after deducting from such fair rental value the time needed to relet the Premises and the amount of concessions which would normally be given to a new tenant); or (y) amounts equal to the Rent which would have been payable by Tenant had this Lease not been so terminated, payable upon the due dates therefor specified herein following such termination and until the Expiration Date. This Lease ; provided, however, if Landlord shall only re-let the Premises during such period, that Landlord shall credit Tenant with the net rents received by Landlord from such re-letting, such net rents to be terminated determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses incurred or paid by Landlord in terminating this Lease, as well as the expenses of re-letting, including altering and preparing the Premises for new tenants, brokerage commissions, and all other similar and dissimilar expenses properly chargeable against the Premises and the rental therefrom, it being understood that any such re-letting may be for a period equal to or shorter or longer than the remaining Term of this Lease; and provided, further, that (i) in no event shall Tenant be entitled to receive any excess of such net rents over the sums payable by Tenant to Landlord hereunder and (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (y) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the stated Termination Date upon commencement of such suit. If the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date Premises or any part thereof shall be substituted re-let in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning combination with other space, a proper apportionment on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather square foot area basis shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, made of the rent received from re-letting and occupancy other expenses of Landlord’s propertysuch re-letting.

Termination of Lease. The Lease shall terminate on If Landlord terminates this Lease, Landlord may recover from Tenant the Termination Date. This Lease shall only be terminated prior sum of: (i) all Base Rent and all other amounts accrued hereunder to the date of such termination; (ii) the cost of reletting the whole or any part of the Premises, including brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled termination of this Lease); (iii) costs of removing and storing Tenant’s or any other occupant’s property; (iv) costs of repairing, altering, remodeling, or otherwise putting the Premises into the condition that Tenant was required to leave it on termination of this Lease; (v) all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys’ fees and court costs; and (vi) the excess of the then present value of the Rent Tenant would have been required to pay to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease as (excluding any extension periods), over the New Termination Datepresent value of any net amounts Tenant establishes Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration the availability of acceptable tenants and other market conditions affecting leasing. Should Landlord find Tenant or TenantSuch present values shall be calculated at a discount rate of ten percent (10%) per annum. However, if in Landlord’s personal property remaining in the Unit beginning on the first day after the Termination Datesole and absolute discretion, Landlord at disagrees with the net amounts Tenant established under subsection (vi) above, subject to Landlord’s option duty to mitigate its damages, Landlord may begin the process of evicting Tenant elect to continue to collect Rent as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , when Rent is due and payable to Landlord on , 20 at the location listed not recover from Tenant any amounts described in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(ssubsection (vi) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyabove.

Termination of Lease. The Landlord may terminate this Lease and T▇▇▇▇▇’s right to possession of the Premises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord in order to perform acts of maintenance, cure defaults, preserve the Premises or to attempt to relet the Premises, or the appointment of a receiver in order to protect the Landlord’s interest under this Lease, shall not be deemed a termination of Tenant’s right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Paragraph 23 of this Lease shall terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall endin lieu of, and such date shall be substituted not in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Dateaddition to, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by any other notice required under Utah law. If Landlord chooses not terminates this Lease and T▇▇▇▇▇’s right to begin possession of the eviction processPremises, and in Landlord may recover from Tenant: (1) The worth at the absence time of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the award of unpaid rent which had been earned at the time of termination; plus (2) The worth at the time of the 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 $ per , due and payable to Landlord on , 20 such rental loss that Tenant proves could have been reasonably avoided; plus (3) The worth at the location listed time of the award of the amount by which the unpaid rent for the balance of the Lease Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (4) Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in paragraph 5 titled the ordinary course of things would be likely to result therefrom, including any legal expenses, brokers commissions or finders fees (in connection with reletting the Premises and the pro rata portion of any leasing commission paid by Landlord in connection with this Lease which is applicable to the portion of the Lease Term, including option periods, which is unexpired as of the date on which this Lease terminated), the costs of repairs, cleanup, refurbishing, removal and storage or disposal of Tenant’s personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does not remove (including those alterations which Tenant is required to remove pursuant to an election by Landlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of and reletting (or attempting to relet) the Premises. Tenant shall also reimburse Landlord for the pro rata portion of leasehold improvement costs paid by Landlord to install leasehold improvements on the Premises which is applicable to that portion of the Lease Term including any terminated option periods which is unexpired as of the date on which this Lease terminated, discounted to present value. All computations of the “Rent; Time worth at the time of the award” of amounts recoverable by Landlord under (1) and Manner (2) hereof shall be computed by allowing interest at the maximum lawful contract rate per annum. The “worth at the time of Payment the award” recoverable by Landlord under (3) and the discount rate for purposes of Rent,” As allowable determining any amounts recoverable under (4), if applicable, shall be computed by lawdiscounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank, San Francisco, California, at the time of the award plus one percent (1%). Upon termination of this Lease, whether by accepting one lapse of time or more Fair Use and Occupancy payment(s) from Tenantotherwise, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to T▇▇▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at shall immediately vacate the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use Premises and Occupancy payment(s) from Tenant, Landlord is not agreeing deliver possession to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useLandlord, and occupancy of Landlord’s propertyLandlord shall have the right to re-enter the Premises.

Termination of Lease. The Terminate this Lease and all of Tenant's rights and obligations hereunder by delivery of written notice to Tenant. Such termination shall terminate on the Termination Date. This Lease shall only be terminated prior effective upon delivery of such notice to the stated Termination Date upon the written and signed agreement of both Landlord Tenant and Tenant stating an exact date shall immediately surrender possession of the Lease shall endPremises to Landlord. In such event, and such date Landlord shall be substituted in entitled to recover from Tenant and Tenant shall pay to Landlord immediately upon demand, all damages incurred by Landlord by reason of Tenant's Event of Default, including without limitation (a) all Rent due and payable under this Lease as of the New Termination Date. Should effective date of the termination; (b) any amount necessary to compensate Landlord find Tenant for all detriment proximately caused by Tenant's failure to perform its obligations under this Lease or Tenant’s personal property remaining which in the Unit beginning on ordinary course of things would be likely to result therefrom, including but not limited to, any costs or expenses incurred in (i) maintaining or preserving the first day Premises after such default, (ii) recovering possession of the Premises, removing persons and property from the Premises and storing such property, including court costs and reasonable attorneys' fees incurred in connection therewith (iii) reletting, renovating or altering the Premises, and (iv) real estate commission paid or payable in connection with reletting the Premises, and (c) an amount equal to the difference between the present worth, as of the effective date of the termination, of the Rent for the balance of the Term remaining after the Termination Dateeffective date of the termination (assuming no termination) and the present worth, as of the effective date of the termination, of a fair and reasonable market Rent for the Premises for the same period. For purposes of this section, present worth shall be computed by utilizing a discount rate of six percent (6%). Nothing in this section shall limit or prejudice Landlord's right to prove and obtain damages in an amount equal to the maximum amount allowed by the Laws, regardless of whether such damages are greater than the amounts set forth herein; provided, however, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not agrees to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable use commercially reasonable efforts to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertymitigate its damages.

Termination of Lease. The Lessor may terminate this Lease and all rights -------------------- of Lessee hereunder by giving Lessee written notice that this Lease is terminated, in which event the Term of this Lease shall terminate and all right, title and interest of Lessee hereunder shall expire on the Termination Datedate stated in such notice. This Lease Upon such termination, Lessor shall only be terminated prior entitled to recover from Lessee all the fixed dollar amounts of Total Rental accrued and unpaid for the period up to and including such date of termination, as well as all other additional sums payable by Lessee or for which Lessee is liable or in respect of which Lessee has agreed to indemnify Lessor under the provisions of this Lease. In addition, Lessor shall be entitled to recover as damages for the loss of the bargain and not as a penalty (i) the unamortized cost to Lessor, computed and determined in accordance with generally accepted accounting principles, of the Lessee's contribution toward all improvements and alterations, if any, paid for and installed by Lessor pursuant to this Lease, plus (ii) the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate Total Rental at the same annual rate for the remainder of the Term as then in effect pursuant to the stated Termination Date upon applicable provisions of this Lease, over the written and signed agreement then present value of both Landlord and Tenant stating an exact date the then aggregate fair total rental value of the Leased Premises for the balance of the Lease shall endTerm, and such date shall present worth to be substituted computed in each case on the basis of a three percent (3%) per annum discount from the respective dates upon which such Total Rentals would have been payable hereunder had this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Datenot been terminated, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(splus (iii) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages in addition thereto, including reasonable attorneys' fees and court costs, which Lessor shall have sustained as a result by reason of Tenant’s continued occupancy at the Unit past breach of any of the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new covenants of this Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord other than for Tenant’s continued possession, use, and occupancy the payment of Landlord’s propertyTotal Rental.

Termination of Lease. The Landlord may terminate this Lease or Tenant's right to possession of the Premises by notice to Tenant or any other lawful means, in which case this Lease shall terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date shall immediately surrender possession of the Lease shall end, and Premises to Landlord. In such date event Landlord shall be substituted in this Lease as entitled to recover from Tenant: (i) The worth at the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in time of award of the Unit beginning on unpaid Rentals which had been earned at the first day time of termination; (ii) The worth at the time of award of the amount by which the unpaid Rentals which would have been earned after termination until the Termination Date, Landlord at Landlord’s option may begin the process time of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in award exceeds the amount of $ per , due and payable to Landlord on , 20 such rental loss that Tenant proves could have been reasonably avoided; (iii) The worth at the location listed time of award (computed by discounting at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid Rentals 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; and (iv) Any other amounts necessary to compensate Landlord for detriment proximately caused by the default by Tenant or which in paragraph 5 titled “Rent; Time the ordinary course of events would likely result, including without limitation the reasonable costs and Manner expense incurred by Landlord for: (A) Retaking possession of Payment the Premises; (B) Cleaning and making repairs and alterations (including installation of Rent,” As allowable leasehold improvements, whether or not the same shall be funded by lawa reduction of rent, by accepting one direct payment or more Fair Use otherwise) necessary to return the Premises to good condition and Occupancy payment(spreparing the Premises for reletting; (C) from Removing, transporting, and storing any of Tenant, 's property left at the Premises (although Landlord shall not be deemed have no obligation to have waivedremove, voidedtransport, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for store any damages sustained as a result of Tenant’s continued occupancy at the Unit past property); (D) Reletting the Termination DatePremises, or New Termination Date (as applicable). Furtherincluding without limitation, by accepting one or more Fair Use and Occupancy payment(s) from Tenantbrokerage commissions, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, useadvertising costs, and occupancy attorneys' fees; (E) Attorneys' fees, expert witness fees and court costs; (F) Any unamortized real estate brokerage commissions paid in connection with this Lease; and (G) Costs of Landlord’s propertycarrying the Premises, such as repairs, maintenance, taxes and insurance premiums, utilities and security precautions, if any.

Termination of Lease. The Upon the occurrence of a default by Tenant hereunder, Landlord may, terminate this Lease by giving written notice thereof to Tenant (whereupon all obligations and liabilities of Landlord hereunder shall terminate terminate) and, without further notice and without liability, repossess the Premises. Landlord shall be entitled to recover all loss and damage Landlord may suffer by reason of such termination, whether through inability to relet the Premises on satisfactory terms or otherwise, including without limitation, the Termination Date. This Lease shall only be terminated prior following (without duplication by any element of damages): (a) accrued Rent to the stated Termination Date upon date of termination and late charges, plus interest thereon at the written default interest rate from the date due through the date paid or date of any judgment or award by any court of competent jurisdiction, the unamortized cost of Tenant's improvements, brokers' fees and signed agreement commissions, attorneys' fees, moving allowances and any other costs incurred by Landlord in connection with making or executing this Lease, the cost of both Landlord recovering the Premises and Tenant stating an exact date the costs of reletting the Premises (including, without limitation, advertising costs, brokerage fees, leasing commissions, reasonable attorneys' fees and refurbishing costs and other costs in readying the Premises for a new tenant); (b) the present value of the Rent (discounted at a rate of interest equal to eight percent [8.0%] per annum [the "Discount Rate"]) that would have accrued under this Lease for the balance of the Lease term but for such termination, reduced by the reasonable fair market rental value of the Premises for such balance of the Lease term (determined from the present value of the actual base rents, discounted at the Discount Rate, received and to be received from Landlord's reletting of the Premises or, if the Premises are not relet, the base rents, discounted at the Discount Rate, that would be received from a comparable lease and comparable tenant for a comparable term and taking into account among other things, the condition of the Premises, market conditions and the period of time the Premises may reasonably remain vacant before Landlord is able to re-lease the same to a suitable replacement tenant, it being agreed that Landlord shall end, have no obligation to relet or attempt to relet the Premises); and such date shall be substituted in any other amounts necessary to compensate Landlord for all damages proximately caused by Tenant's failure to perform its obligations under this Lease as the New Termination DateLease. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process For purposes of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in computing the amount of $ per Rent herein that would have accrued for the termination date, due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant 's obligation for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather Percentage Rent shall be deemed projected based on Tenant's average annual Gross Sales for the 36 months (or lesser period, if 36 months of the Term have not expired) preceding Tenant's Default, and Tenant's obligations for Taxes, Center Expenses, and Promotion and Media Fund Charges shall be projected, based upon the average rate of increase, if any, in such items from the Commencement Date through the termination date; (c) plus any other costs or amounts necessary to be collecting reasonable monies owed to compensate Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyits damages.

Termination of Lease. The Lessor may terminate this Lease or Lessee’s right to possession of the Premises by notice to Lessee or any other lawful means, in which case this Lease shall terminate on and Lessee shall immediately surrender possession of the Termination DatePremises to Lessor. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall end, and In such date event Lessor shall be substituted in this Lease as entitled to recover from Lessee: (i) The worth at the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in time of award of the Unit beginning on unpaid Rentals which had been earned at the first day time of termination; (ii) The worth at the time of award of the amount by which the unpaid Rentals which would have been earned after termination until the Termination Date, Landlord at Landlord’s option may begin the process time of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in award exceeds the amount of $ per , due and payable to Landlord on , 20 such rental loss that Lessee proves could have been reasonably avoided; (iii) The worth at the location listed time of award (computed by discounting at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid Rentals for the balance of the Term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) Any other amounts necessary to compensate Lessor for detriment proximately caused by the default by Lessee or which in paragraph 5 titled “Rent; Time the ordinary course of events would likely result, including without limitation the reasonable costs and Manner expenses incurred by Lessor for: (A) Retaking possession of Payment the Premises; (B) Cleaning and making repairs and alterations (including installation of Rent,” As allowable leasehold improvements, whether or not the same shall be funded by lawa reduction of rent, by accepting one direct payment or more Fair Use otherwise) necessary to return the Premises to good condition and Occupancy payment(spreparing the Premises for reletting; (C) from TenantRemoving, Landlord transporting, and storing any of Lessee’s property left at the Premises (although Lessor shall not be deemed have no obligation to have waivedremove, voidedtransport, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for store any damages sustained of the property); (D) Retelling the Premises, including without limitation, brokerage commissions, advertising costs, and attorneys’ fees; (E) Attorneys’ fees, expert witless fees and court costs; (F) Any unamortized real estate brokerage commissions paid in connection with this Lease; and (G) Costs of carrying the Premises, such as a result of Tenant’s continued occupancy repairs, maintenance, taxes and insurance premiums, utilities and security precautions, if any. The “worth at the Unit past time of award” of the Termination Dateamounts referred to in Articles 23.a.(i) and 23.a.(ii) is computed by allowing interest at an amoral rate equal to the greater of: ten percent (10%); or five percent (5%) plus the rate established by the Federal Reserve Bank of San Francisco, as of the 25th day of the month immediately preceding the default by Lessee, on advances to member banks under Section 13 and 13(a) of the Federal Reserve Act, as now in effect or New Termination Date hereafter from time to time amended (as applicablethe “Stipulated Rate”). Further, The computation of the amount of rental loss that could be or could have been reasonably avoided by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing Lessor pursuant to a new Lease but rather California Civil Code section 1951.2 shall take into account the use restrictions set forth in Article 8.a. above except to the extent that Lessee proves that under all circumstances the enforcement of the use restriction would be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyunreasonable.

Termination of Lease. The In the event of the termination of this Lease by Landlord as provided for by Paragraph 24.A(ii). above, Landlord shall terminate on be entitled to recover from Tenant all sums which Landlord is entitled to recover under any provision of this Lease including, but not limited to, all rent accrued and unpaid for the Termination Date. This Lease shall only be terminated prior period up to and including such termination date, as well as all other additional sums payable by Tenant and an amount equal to the stated Termination Date upon excess of the written present value of Base Rent and signed agreement the CPI component of both the Additional Rent provided to be paid for the remainder of the Term over the present value of the Fair Market Rent value of the Premises and the CPI component of the Additional Rent for the remainder of the Term after deduction of all reasonably anticipated expenses of reletting. In the alternative, Landlord shall have the right, from time to time, to recover from Tenant, and Tenant stating an exact date the Lease shall endremain liable for, all Base Rent, Additional Rent and such date shall be substituted in other amounts due and owing under this Lease as accelerated and paid pursuant to the New Termination Dateprovisions of this Lease. Should Landlord find the present value of the Fair Market Rent value of the Premises and the CPI component of the Additional Rent after deduction of all anticipated expenses of reletting exceed the present value of the Base Rent and the CPI component of the Additional Rent provided to be paid by Tenant or Tenant’s personal property remaining in for the Unit beginning on remainder of the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from TenantTerm, Landlord shall not be deemed obligated to have waived, voided, or precluded Landlord’s ability pay to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result part of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertysuch excess.

Termination of Lease. The Upon this Lease being terminated other than by effluxion of time: (a) all rights and interests created or then existing in favor of the Tenant shall immediately terminate on and the Termination Date. This Lease shall only be terminated prior Landlord may re-enter the Leased Premises and repossess and enjoy the same as its former estate, anything to the stated Termination Date upon contrary notwithstanding, (b) notwithstanding any such termination of this Lease, the written and signed agreement provisions of both Landlord and Tenant stating an exact date the Lease shall end, and such date shall be substituted in this Lease relating to the consequences of termination shall survive, (c) the Landlord may use such force as it may deem necessary for the New Termination Date. Should purpose of gaining admittance to and retaking possession of the Leased Premises and the Tenant hereby releases the Landlord find Tenant from all actions, proceedings, claims and demands whatsoever for or Tenant’s personal property remaining in respect of any such forcible entry or any resulting loss or damage, and (d) the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay to the Landlord Fair Use on demand: (i) Minimum Rent and Occupancy Additional Rent and all other amounts payable up to the time of re-entry or to termination, whichever shall be the later, (ii) such reasonable expenses as the Landlord may incur or has incurred in connection with the re-entering, terminating, re-letting, collecting sums due or payable by the Tenant, realizing upon assets seized, including without limitation brokerage, legal fees and disbursements on a full indemnity basis, and the expenses of keeping the Leased Premises in good order, repairing the same and preparing them for re-letting, (iii) as liquidated damages for the loss of rental and other income of the Landlord expected to be derived from the Lease during the period which would have constituted the unexpired portion of the Term had it not been terminated an amount determined by reducing to present worth at an assumed interest rate of ten percent (10%) per annum, all Minimum Rent and Additional Rent to become payable during the period which would have constituted the unexpired portion of the Term, such determination to be made by the Landlord who may make reasonable estimates of any such other amounts which would have become due under this Lease, and may make such other assumptions of fact as may be reasonable in the amount of $ per circumstances, due less any Minimum Rent and payable to Additional Rent received by the Landlord from the Leased Premises and (iv) GST on amounts calculated in accordance with paragraphs 14.02(d)(i), 20 at the location listed in paragraph 5 titled “Rent; Time (ii) and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s(iii) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertyhereof.

Termination of Lease. The Upon the occurrence of any Event of Default, Landlord may terminate this Lease and Tenant's right to possession of the Premises. If Tenant has abandoned and vacated the Premises, the mere entry of the Premises by Landlord in order to perform acts of maintenance, cure defaults, preserve the Premises or to attempt to relet the Premises, or the appointment of a receiver in order to protect the Landlord's interest under this Lease, shall not be deemed a termination of Tenant's right to possession or a termination of this Lease unless Landlord has notified Tenant in writing that this Lease is terminated. Notification of any default described in Paragraph 23 of this Lease shall terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the written and signed agreement of both Landlord and Tenant stating an exact date the Lease shall endin lieu of, and such date shall be substituted not in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Dateaddition to, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by any notice required under applicable Arizona law. If Landlord chooses terminates this Lease and Tenant's right to possession of the Premises, Landlord may recover from Tenant. (1) The worth at the time of the award of unpaid rent which had been earned at the time of termination; plus (2) The worth at the time of the 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 rental loss that Tenant proves could have been reasonably avoided; plus (3) The worth at the time of the award of the amount by which the unpaid rent for the balance of the Lease Term after the time of the award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (4) Any other amounts necessary to compensate the Landlord for all of the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including any legal expenses, brokers commissions or finders fees (in connection with reletting the Premises and the pro rata portion of any leasing commission paid by Landlord in connection with this Lease which is applicable to the portion of the Lease Term, including option periods, which is unexpired as of the date on which this Lease terminated), the costs of repairs, cleanup, refurbishing (to the extent provided herein below), removal and storage or disposal of Tenant's personal property, equipment, fixtures and anything else that Tenant is required under this Lease to remove but does 680272v7 not remove (including those alterations which Tenant is required to begin the eviction processremove pursuant to an election by Landlord and Landlord actually removes whether notice to remove shall be delivered to Tenant), and any costs for alterations, additions and renovations incurred by Landlord in regaining possession of the absence Premises and reletting (or attempting to relet) the Premises, and restoring the Premises to the condition Tenant is required to surrender possession thereof pursuant to Paragraph 21 hereof. All computations of a new Lease between the "worth at the time of the award" of amounts recoverable by Landlord under (1) and Tenant(2) hereof shall be computed by allowing interest at the maximum lawful contract rate per annum. The "worth at the time of the award" recoverable by Landlord under (3) and the discount rate for purposes of determining any amounts recoverable under (4), if applicable, shall be computed by discounting the amount recoverable by Landlord at the discount rate of the Federal Reserve Bank, San Francisco, California, at the time of the award plus one percent (1%). Upon termination of this Lease, whether by lapse of time or otherwise, Tenant shall pay immediately vacate the Premises and deliver possession to Landlord, and Landlord Fair Use and Occupancy in shall have the amount of $ per , due and payable right to Landlord on , 20 at re-enter the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable Premises. If required by law, by accepting one or more Fair Use and Occupancy payment(s) from TenantLegal Requirements, Landlord shall not be deemed use commercially reasonable efforts to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any mitigate its damages sustained as following a result termination of this Lease resulting from an Event of Default by Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s property.

Termination of Lease. The In the event of any such default by Tenant not cured within the applicable notice and cure periods, then, in addition to any other remedies available to Landlord under Applicable Laws. Landlord shall have the option to terminate this Lease and all rights of Tenant hereunder by giving Tenant notice of termination. Such notice of termination may be made effective immediately and may be included in any notice hereinabove provided, pertaining to any default and in such case shall terminate on the Termination Date. This Lease shall only be terminated prior to the stated Termination Date conditioned upon the written and signed agreement failure of both Landlord and Tenant stating an exact date the Lease shall end, and to cure such date shall be substituted in this Lease as the New Termination Date. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination Date, Landlord at Landlord’s option may begin the process of evicting Tenant as permitted and outlined by lawdefault. If Landlord chooses elects to so terminate this Lease, then Landlord may recover from Tenant: (a) At Landlord's option either: (1) a sum which, at the time of such termination of this Lease represents the then value of the excess, if any discounted to present value with an interest rate of ten percent ( 10%) calculated as of the date of termination, of (x) the aggregate of the Base Rent and Additional Rent payable under this Lease through the Expiration Date, had this Lease not so terminated (conclusively presuming the Additional Rent to begin be the eviction processsame as was payable for the one (1) year period immediately preceding and ending on such termination, increased at the average rate of increase for each category of Additional Rent subject to increase hereunder, experienced during the period not exceeding three (3) years prior to such termination), over (y) the aggregate fair market rental value of the Demised Premises for the same period; (2) the amount of the Base Rent and Additional Rent (as above presumed) payable pursuant to this Lease had it not so terminated, payable on the due dates therefor hereunder following such termination through the Expiration Date (as had this Lease not so terminated), provided, however, that if Landlord shall re-let the Demised Premises during said period, Landlord shall credit Tenant with the net rents received by Landlord from such re-letting, (such net rents shall be determined by the deduction from the gross rents as and when received by Landlord from such re-letting) the expenses incurred or paid by Landlord in terminating this Lease, re-entering the Demised Premises, securing possession thereof, and of re-letting, but excluding altering and preparing the Demised Premises therefor, broker's commissions, and all other reasonable expenses properly chargeable to Tenant's default and re-letting of the Demised Premises) and in this connection, the following shall apply: (i) in no event shall Tenant be entitled to receive any excess of such net rent over the sums payable by Tenant to Landlord hereunder unless Landlord terminates after Tenant requests Landlord consent to assignment or sublet hereunder; (ii) any such re-letting may, at Landlord's option be for a shorter period or longer than the remaining Lease Term; (iii) nothing herein contained shall be construed as requiring Landlord to re-let, and Landlord shall have no obligation to do so except as may be required by Applicable Laws; and (iv) the parties agree that the amount of rent reserved upon such re-letting shall, prima facie, constitute the fair market value for the Demised Premises, or part thereof re-let during the term of such re-letting; or (3) at Landlord's option, any other measure of Landlord's damages permitted under Applicable Laws, including, without limitation, the acceleration of future Rents for the balance of the Lease Term discounted to present value with an interest rate often percept (10%) calculated as of the date of termination, following Tenant's default in the absence payment of a new Lease between any monthly installment, provided, that if Landlord and Tenantelect to accelerate as herein provided, Tenant shall pay be entitled to possession of the Demised Premises upon payment of the Rents reserved for the balance of the Lease Term and all other provisions of this Lease shall remain in effect; and (b) The amount of any unpaid Base Rent and Additional Rent hereunder accrued at the time of such termination; and (c) Any other, including any alternative, amount necessary or proper to compensate Landlord Fair Use for its damages, losses or expenses resulting from Tenant's default hereunder and Occupancy in permitted by Applicable Laws as well as any reasonable costs and expenses, and the reasonable amount of attorneys' fees incurred by Landlord resulting therefrom; and (d) Interest on the amount of $ per , due and payable to Landlord on , 20 at the location listed unpaid Rents in paragraph 5 titled “Rent; Time and Manner accordance with Section 1.07 of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy at the Unit past the Termination Date, or New Termination Date (as applicable). Further, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather shall be deemed to be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy of Landlord’s propertythis Lease.

Termination of Lease. The Landlord can terminate this Lease shall terminate on and Tenant's right to possession of the Termination Date. This Lease shall only be terminated prior to the stated Termination Date upon the Premises by giving written and signed agreement notice of both Landlord and Tenant stating an exact date the Lease shall endtermination, and then re-enter the Premises and take possession thereof. No act by Landlord other than giving written notice to Tenant of such date termination shall be substituted in terminates this Lease as the New Termination DateLease. Should Landlord find Tenant or Tenant’s personal property remaining in the Unit beginning on the first day after the Termination DateUpon termination, Landlord at Landlord’s option may begin has the process of evicting Tenant as permitted and outlined right to recover all damages incurred by law. If Landlord chooses not to begin the eviction process, and in the absence of a new Lease between Landlord and Tenant, Tenant shall pay Landlord Fair Use and Occupancy in the amount of $ per , due and payable to Landlord on , 20 at the location listed in paragraph 5 titled “Rent; Time and Manner of Payment of Rent,” As allowable by law, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord shall not be deemed to have waived, voided, or precluded Landlord’s ability to evict Tenant or to ▇▇▇ Tenant for any damages sustained as a result of Tenant’s continued occupancy 's default, including: (a) The worth at the Unit past time of award of any unpaid rent that had been earned at the Termination Datetime of such termination; plus (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after the date of termination until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (d) Any other amount necessary to compensate Landlord for all the detriment approximately caused by Tenant's default, including, but not limited to expenses for cleaning, repairing or New Termination Date restoring the Premises, (ii) expenses for altering, remodeling or otherwise improving the Premises for the purpose of reletting, (iii) brokers' fees and commissions, advertising costs and other expenses of reletting the Premises, (iv) costs of carrying the Premises such as applicable)taxes, insurance premiums, utilities and security precautions, (v) expenses in retaking possession of the Premises, (vi) attorneys' fees and costs, (vii) any unearned brokerage commissions paid in connection with this Lease and (viii) reimbursement of any previously waived or abated Minimum Monthly Rent and/or Additional Rent; plus (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under applicable California law. FurtherAs used in paragraphs (a) and (b) above, by accepting one or more Fair Use and Occupancy payment(s) from Tenant, Landlord is not agreeing to a new Lease but rather the "worth at the time of award" shall be deemed to computed by allowing interest at the maximum permissible legal rate. As used in paragraph (c) above, the "worth at the time of award" shall be collecting reasonable monies owed to Landlord for Tenant’s continued possession, use, and occupancy computed by discounting such amount at the discount rate of Landlord’s propertythe Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).