Common use of Termination Upon Default Clause in Contracts

Termination Upon Default. In any notice given pursuant to any one or more Events of Default, Landlord in its sole discretion, may elect to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil Procedure, and provided that Landlord’s notice states such an election, Tenant’s right to possession shall terminate and this Lease shall terminate, unless on or before the date specified in such notice all arrears of Rent, and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, shall have been paid by Tenant and all other breaches of this Lease by Tenant shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedure. Upon such termination, Landlord may recover from Tenant (a) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could reasonably have been avoided; (c) the worth at the time of award of the amount by which the unpaid rent 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 (d) any other amounts necessary to compensate Landlord for all 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. The “worth at the time of award” of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the interest rate set forth in Section 14.8. The worth at the time of award of the amount referred to in clause (c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. Unpaid rent shall include Escalations as well as Monthly Base Rent. For the purpose of determining unpaid rent under clause (c) above, Escalations for the balance of the Term shall be projected based upon the annual average rate of increase, if any, in Escalations from the Commencement Date through the time of award.

Termination Upon Default. In any notice given pursuant to any one or more Events of Default, Landlord in its sole discretion, discretion may elect to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil Procedure, and provided that Landlord’s notice states such an election, Tenant’s right to possession shall terminate and this Lease shall terminate, unless on or before the date specified in such notice all arrears of Rentrent and all other sums payable by Tenant under this Lease, and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees fees, incurred in connection with such default, shall have been paid by Tenant and all other breaches of this Lease by Tenant at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedure. Upon such termination, Landlord may recover from Tenant (a) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could reasonably have been avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord for all 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, specifically including, but not limited to, leasing commissions and advertising expenses incurred, expenses of remodeling the Premises or any portion thereof for a new tenant, whether for the same or a different use, and any special concessions made to obtain any new tenant. The “worth at the time of award” of the amounts amount referred to in clauses (a) and (b) above shall be is computed by allowing interest at the discount rate of the Federal Reserve Bank of San Francisco plus 5% per annum at the date of termination, but in no event in excess of the maximum rate of interest rate set forth in Section 14.8permitted by law. The worth at the time of award of the amount referred to in clause (c) above shall be above, is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. Unpaid rent shall include Escalations as well as Monthly Base Rent. For the purpose of determining unpaid rent under clause (c) above, Escalations the monthly rent reserved in this Lease shall be deemed to be the sum of the Base Rent and the amounts last payable by Tenant as reimbursement of expenses pursuant to Paragraph 5(a) hereof for the balance calendar year in which Landlord terminated this Lease as provided herein. Tenant waives any rights of reinstatement, redemption or relief from forfeiture under California Civil Code Section 3275 or California Code of Civil Procedure Sections 1174 and 1179, or under any other applicable present or future law. After terminating this Lease, Landlord may remove any and all personal property located in the Term Premises and place such property in a public or private warehouse or elsewhere at the sole cost and expense of Tenant. In the event that Tenant shall not immediately pay the cost of storage of such property after the same has been stored for a period of thirty (30) days or more, Landlord may sell any or all thereof at a public or private sale in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to or demand upon Tenant. Tenant waives all claims for damages that may be projected based upon caused by Landlord’s removing or storing or selling the annual average rate property as herein provided, and Tenant shall indemnify and hold Landlord free and harmless from and against any and all losses, costs and damages, including without limitation all costs of increase, if any, court and attorneys’ fees of Landlord occasioned thereby. Tenant hereby appoints Landlord as Tenant’s attorney-in-fact with the rights and powers necessary in Escalations from order to effectuate the Commencement Date through the time provisions of awardthis Paragraph.

Termination Upon Default. In any notice given pursuant to any one or more Events If an Event of DefaultDefault shall occur, Landlord in its sole discretion, at any time thereafter may elect give a written termination notice to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil ProcedureTenant, and provided that Landlord’s on the date specified in such notice states (which shall be not less than three (3) days after the giving of such an election, notice) Tenant’s 's right to possession shall terminate and this Lease shall terminate, unless on or before such date all rent and other sums payable by Tenant under this Lease (together with interest thereon at the date specified in such notice all arrears of Rent, maximum rate allowable by law) and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, shall have been paid by Tenant and all other breaches of this Lease by Tenant at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedureremedied. Upon such termination, Landlord may recover from Tenant Tenant: (a) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could reasonably have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result results therefrom. The “"worth at the time of award” " of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the interest rate set forth in Section 14.8of ten percent (10%) per annum. The worth at the time of award of the amount referred to in clause (c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%. Unpaid rent shall include Escalations as well as Monthly Base Rent). For the purpose purposes of determining unpaid rent under clause clauses (a), (b) and (c) above, Escalations for the balance of the Term monthly rent reserved in this Lease shall be projected based upon deemed to be the annual average rate of increaserent due under Sections 4 and 5 above, if any, in Escalations from the Commencement Date through the time of awardas adjusted by Section 6.

Termination Upon Default. In Following the occurrence of (i) Subtenant’s failure to pay any installment of the Base Monthly Rental on or before three (3) business days after notice given pursuant from Sublandlord to Subtenant that said payment is due, or (ii) Subtenant’s failure to perform in any one material respect any of Subtenant’s material covenants, agreements or more Events obligations hereunder on or before fifteen (15) days after written notice thereof from Sublandlord, provided that if such failure to perform cannot reasonably be remedied within a 15 day period, Subtenant shall not be in default if it commences the cure of Defaultsuch failure to perform within said fifteen (15) days and diligently prosecutes such cure to completion (an Event of default), Landlord Sublandlord shall have the right, so long as the default continues, to terminate the Sublease by written notice to Subtenant setting forth: (i) the default; (ii) the requirements to cure it; and (iii) a demand for possession, which shall be effective three (3) days after it is given. Sublandlord shall not be deemed to have terminated this Sublease other than by delivering written notice of termination to Subtenant as provided above. Upon the effectiveness of such termination, Sublandlord in its sole discretion, discretion may elect to declare a forfeiture of this Lease as Sublease to the extent provided in Section 1161 of the California Code of Civil Procedure, and provided that LandlordSublandlord’s notice states such an election, TenantSubtenant’s right to possession of the Subleased Premises shall terminate and this Lease Sublease shall terminate, unless on or before the date specified in such notice all arrears of RentRent and all other sums payable by Subtenant under this Sublease, and all costs and expenses incurred by or on behalf of Landlord Sublandlord hereunder, including reasonable attorneys’ fees incurred in connection with such default, Event of Default shall have been paid by Tenant Subtenant and all other material breaches of this Lease Sublease by Tenant Subtenant at the time existing shall have been fully remedied to the reasonable satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedure. Sublandlord Upon such termination, Landlord Sublandlord may recover from Tenant Subtenant: (a) the worth at the time of award of the unpaid rent Rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of such rental Rent loss that Tenant Subtenant proves could reasonably have been avoided; (c) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the Term of this Sublease after the time of award exceeds the amount of such rental Rent loss that Tenant Subtenant proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord Sublandlord for all the detriment proximately caused by TenantSubtenant’s failure to perform its obligations under this Lease Sublease or which in the ordinary course of things would be likely to result therefrom. The “worth at the time of award” of the amounts amount referred to in clauses (a) and (b) above shall be is computed by allowing interest at the interest rate set forth in Section 14.8of ten percent (10%) per annum. The “worth at the time of award award” of the amount referred to in clause (c) above shall be is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. Unpaid rent shall include Escalations as well as Monthly Base Rent. For the purpose of determining unpaid rent Rent under clause (c) above, Escalations for the balance monthly rent reserved in this Sublease shall be deemed to be the sum of the Term shall be projected based upon the annual average rate of increase, if any, in Escalations from the Commencement Date through the time of awardBase Monthly Rent.

Termination Upon Default. In any notice given pursuant to any one or more Events If an Event of DefaultDefault shall occur, Landlord in its sole discretion, at any time thereafter may elect give a written termination notice to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil ProcedureTenant, and provided that Landlord’s on the date specified in such notice states (which shall be not less than three (3) days after the giving of such an election, notice) Tenant’s 's right to possession shall terminate and this Lease shall terminate, unless on or before the such date specified in such notice all arrears of Rent, rental and all other sums payable by Tenant under this Lease (together with interest thereon at the then maximum legal rate) and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, hereunder shall have been paid by Tenant and all other breaches of this Lease by Tenant at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedure. Upon such termination, Landlord may accumulatively recover from Tenant Tenant: (a) the worth at the time of award of the unpaid rent rental which had been earned at the time of termination; and (b) the worth at the time of award of the amount by which the unpaid rent rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could reasonably have been reasonably avoided; and (c) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the Term term of this Lease after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which which, in the ordinary course of things events, would be likely to result therefrom. The “"worth at the time of award” " of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the interest rate set forth in Section 14.8then maximum legal rate. The worth at the time of award of the amount referred to in clause (c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco Minneapolis, Minnesota at the time of award plus one percent (1%. Unpaid rent shall include Escalations as well as Monthly Base Rent). For the purpose of determining unpaid rent rental under clause clauses (a), (b) and (c) above, Escalations for the balance monthly rent reserved in this Lease shall be deemed to be the sum of the Term shall be projected based upon the annual average rate of increase, if any, in Escalations from the Commencement Date through the time of awardamounts last payable by Tenant pursuant to Paragraph 3 above.

Termination Upon Default. In If an Event of Default shall occur, Lessor at any time thereafter may give a written termination notice given pursuant to any one or more Events of Default, Landlord in its sole discretion, may elect to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil ProcedureLessee, and provided that Landlord’s on the date specified in such notice states (which shall be not less than three days after the giving of such an election, Tenant’s notice) Lessee's right to possession shall terminate and this Lease shall terminate, unless on or before the such date specified in such notice all arrears of Rent, or rental and all other sums payable by Lessee under this Lease (together with the late charges and interest provided for in paragraph 33 hereof) and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, Lessor hereunder shall have been paid by Tenant Lessee and all other breaches of this Lease by Tenant Lessee at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil ProcedureLessor. Upon such termination, Landlord Lessor may recover from Tenant Lessee: (a) the worth at the time of award of the unpaid rent rental which had has been earned at as of the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant Lessee proves could reasonably have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the Term term of this Lease after the time of award exceeds the amount of such rental loss that Tenant Lessee proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord Lessor for all the detriment proximately caused by Tenant’s Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things events would be likely to result therefrom. The “"worth at the time of award” " of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the interest rate set forth in Section 14.8of ten percent (10%) per annum. The worth at the time of award of the amount referred to in clause (c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%. Unpaid rent shall include Escalations as well as Monthly Base Rent). For the purpose of determining unpaid rent rental under clause clauses (a), (b) and (c) above, Escalations for the balance monthly real reserved in this Lease shall be deemed to be the sum of the Term shall be projected based upon rental due under paragraph 3 above the annual average rate amounts last payable by Lessee pursuant to paragraph 4 above and any other monetary obligations of increase, if any, in Escalations from the Commencement Date through the time of awardLessee hereunder.

Termination Upon Default. In (a) If an Event of Default shall occur, Lessor at any time thereafter may give a written termination notice given pursuant to any one or more Events of Default, Landlord in its sole discretion, may elect to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil ProcedureLessee, and provided that Landlord’s on the date specified in such notice states such an election, Tenant’s Lessee's right to possession shall terminate and this Lease shall terminate, unless on or before the such date specified in such notice all arrears of Rent, rental and all other sums payable by Lessee under this Lease and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, Lessor hereunder shall have been paid by Tenant Xxxxxx and all other breaches of this Lease by Tenant Xxxxxx at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil ProcedureXxxxxx. Upon such termination, Landlord Lessor may recover from Tenant Lessee: (a) the worth at the time of award of the unpaid rent rental which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant Lessee proves could reasonably have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the Term term of this Lease after the time of award exceeds the amount of such rental loss that Tenant Lessee proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord Lessor for all the detriment proximately caused by Tenant’s Xxxxxx's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. The “"worth at the time of award” " of the amounts referred to in clauses (a) and (b) above shall be is computed by allowing interest at the interest rate set forth in Section 14.8of 10% per annum or, if a higher rate is legally permissible, at the highest rate legally permitted. The "worth at the time of award award" of the amount referred to in clause (c) above shall be is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. Unpaid rent shall include Escalations as well as Monthly Base Rent. For the purpose of determining unpaid rent under clause (c) above, Escalations for the balance of the Term shall be projected based upon the annual average rate of increase, if any, in Escalations from the Commencement Date through the time of award.

Termination Upon Default. In any notice given pursuant to any one or more Events of Default, Landlord in its sole discretion, discretion may elect to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil Procedure, and provided that Landlord’s 's notice states such an election, Tenant’s 's right to possession shall terminate and this Lease shall terminate, unless on or before the date specified in such notice all arrears of Rentrent and all other sums payable by Tenant under this Lease, and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees ' fees, incurred in connection with such default, shall have been paid by Tenant and all other breaches of this Lease by Tenant at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedure. Upon such termination, Landlord may recover from Tenant (a) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could reasonably have been avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental rent loss that Tenant proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. The “"worth at the time of award” " of the amounts amount referred to in clauses (a) and (b) above shall be is computed by allowing interest at the discount rate of the Federal Reserve Bank of San Francisco plus 5% per annum at date of termination, but in no event in excess of the maximum rate of interest rate set forth in Section 14.8permitted by law. The worth at the time of award of the amount referred to in clause (c) above shall be is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. Unpaid rent shall include Escalations as well as Monthly Base Rent. For the purpose of determining unpaid rent under clause (c) above, Escalations the monthly rent reserved in this Lease shall be deemed to be the sum of the Base Rent and the amounts last payable by Tenant as reimbursement of expenses pursuant to Paragraphs 5(a)(ii) and (iii) hereof for the balance of the Term shall be projected based upon the annual average rate of increase, if any, calendar year in Escalations from the Commencement Date through the time of awardwhich Landlord terminated this Lease provided herein.

Termination Upon Default. In any notice given pursuant to any one or more Events If an Event of DefaultDefault shall occur, Landlord in its sole discretion, at any time thereafter may elect give a written termination notice to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil ProcedureTenant, and provided that Landlord’s on the date specified in such notice states (which shall be not less than three (3) days after the giving of such an election, notice) Tenant’s 's right to possession shall terminate and this Lease shall terminate, unless on or before the such date specified in such notice all arrears of Rent, rental and all other sums payable by Tenant under this Lease (together with interest thereon at the then maximum legal rate) and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, hereunder shall have been paid by Tenant and all other breaches of this Lease by Tenant at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedure. Upon such termination, Landlord may accumulatively recover from Tenant Tenant: (a) the worth at the time of award of the unpaid rent rental which had been earned at the time of termination; and (b) the worth at the time of award of the amount by which the unpaid rent rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could reasonably have been reasonably avoided; and (c) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the Term term of this Lease after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord for all 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. The “worth at the time of award” of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the interest rate set forth in Section 14.8. The worth at the time of award of the amount referred to in clause (c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. Unpaid rent shall include Escalations as well as Monthly Base Rent. For the purpose of determining unpaid rent under clause (c) above, Escalations for the balance of the Term shall be projected based upon the annual average rate of increase, if any, in Escalations from the Commencement Date through the time of award.the

Termination Upon Default. In (a) If an Event of Default shall occur, Lessor at any time thereafter may give a written termination notice given pursuant to any one or more Events of Default, Landlord in its sole discretion, may elect to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil ProcedureLessee, and provided that Landlord’s on the date specified in such notice states such an election, Tenant’s Lessee's right to possession shall terminate and this Lease shall terminate, unless on or before the such date specified in such notice all arrears of Rent, rental and all other sums payable by Lessee under this Lease and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, Lessor hereunder shall have been paid by Tenant Lessee and all other breaches of this Lease by Tenant Lessee at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil ProcedureLessor. Upon such termination, Landlord Lessor may recover from Tenant Lessee: (a) the worth at the time of award of the unpaid rent rental which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant Lessee proves could reasonably have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the Term term of this Lease after the time of award exceeds the amount of such rental loss that Tenant Lessee proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord Lessor for all the detriment proximately caused by Tenant’s Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. The “"worth at the time of award” " of the amounts referred to in clauses (a) and (b) above shall be is computed by allowing interest at the interest rate set forth in Section 14.8of 10% per annum or, if a higher rate is legally permissible, at the highest rate legally permitted. The "worth at the time of award award" of the amount referred to in clause (c) above shall be is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. Unpaid rent For purposes of this paragraph, all rental sums shall include Escalations as well as Monthly Base Rentbe computed an the basis of the average monthly amount thereof accruing during the 24-month period immediately preceding the occurrence of an event of default unless a 24-month period of this Lease has not elapsed, in which case the average monthly amount shall be based upon the entire period of Lessee's occupancy of the Premises. For As used herein, the "time of the award" shall be deemed to be the time of entry of judgment on Lessor's claim or the similar point of determination if the matter is determined by a tribunal other than a court. The amount recoverable by Lessor pursuant to subsection (d) above shall include, but shall not be limited to, any reasonable costs or expenses incurred by Lessor in maintaining or preserving the Premises after such default, preparing the Premises for reletting to a new tenant, accomplishing any repairs or alterations to the Premises for the purpose of determining unpaid rent under clause (c) abovesuch reletting, Escalations for rectifying any damage thereto occasioned by the balance act or omission of Lessee and any other cost reasonably necessary or appropriate to relet the Term shall be projected based upon the annual average rate of increase, if any, in Escalations from the Commencement Date through the time of awardPremises.

Termination Upon Default. In any notice given pursuant to any one or more Events If an Event of DefaultDefault shall occur, Landlord in its sole discretion, at any time there after may elect give a written termination notice to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil ProcedureTenant, and provided that Landlord’s on the date specified in such notice states (which shall be not less than three (3) days after the giving of such an election, notice) Tenant’s 's right to possession shall terminate and this Lease shall terminate, unless on or before such date all rent and other sums payable by Tenant under this Lease (together with interest thereon at the date specified in such notice all arrears of Rent, maximum rate allowable by law) and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, shall have been paid by Tenant and all other breaches of this Lease by Tenant at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedureremedied. Upon such termination, Landlord may recover from Tenant Tenant: (a) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could reasonably have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result results therefrom. The “"worth at the time of award” " of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the interest rate set forth in Section 14.8of ten percent (10%) per annum. The worth at the time of award of the amount referred to in clause (c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%. Unpaid rent shall include Escalations as well as Monthly Base Rent). For the purpose purposes of determining unpaid rent under clause clauses (a), (b) and (c) above, Escalations for the balance of the Term monthly rent reserved in this Lease shall be projected based upon deemed to be the annual average rate of increaserent due under Sections 4 and 5 above, if any, in Escalations from the Commencement Date through the time of awardas adjusted by Section 6.

Termination Upon Default. In Except as otherwise specifically provided in this Agreement, in the event any JVP fails or refuses to pay in full when due under the terms of this Agreement, any costs, expenses or fees, then all of said defaulting JVP's options, rights, and interests under this Agreement and in any of the Prospects shall immediately terminate without the requirement of any further or additional notice, all of Pohle's obligations anx xxxxxnsibilities under the terms of this Agreement shall immediately cease with respect to such defaulting JVP, AND THE WORKING INTEREST(S) THAT WOULD OTHERWISE HAVE BEEN ACQUIRED BY THE JVP IN DEFAULT SHALL BE OFFERED TO THE REMAINING PARTICIPANTS ON A PROPORTIONATE RIGHT OF FIRST REFUSAL BASIS. IN THE EVENT THAT ANY PORTION OF THE PROPORTIONATE INTEREST SUBSCRIBED TO BY A PARTICIPANT IS NOT ACQUIRED BY FIRST RIGHT OF REFUSAL, THEN POHLE SHALL HAVE the righx xxx not the obligation, to replace said defaulting JVP with another person, firm or entity meeting the financial and other qualifications deemed necessary in Pohle's sole discretion. Xx xxx event a JVP is unable to pay its forward expenses, a 30-day written notice must be given pursuant to Pohle stating that the XXX xoes not intend to continue exercising its option. With respect to any one or more Events prospects that have outstanding payments due, the defaulting JVP will forfeit all monies and rights related to those prospects. The JVP will own its respective proportionate percentage in prospects for which the JVP's proportionate share of Default, Landlord in its sole discretion, may elect to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil Procedure, and provided that Landlord’s notice states such an election, Tenant’s right to possession shall terminate and this Lease shall terminate, unless on or before the date specified in such notice all arrears of Rent, and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, shall have been paid by Tenant in full and for which Pohle is not incurring axxxxxonal generation costs, with the exception of permitting and drilling costs. If the JVP does not pay a cash call for drilling, the JVP shall forfeit the prospect and all other breaches of this Lease by Tenant shall have been fully remedied costs paid to the satisfaction of Landlord. Provided date with respect to that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil Procedure. Upon such termination, Landlord may recover from Tenant (a) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could reasonably have been avoided; (c) the worth at the time of award of the amount by which the unpaid rent 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 (d) any other amounts necessary to compensate Landlord for all 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. The “worth at the time of award” of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the interest rate set forth in Section 14.8. The worth at the time of award of the amount referred to in clause (c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. Unpaid rent shall include Escalations as well as Monthly Base Rent. For the purpose of determining unpaid rent under clause (c) above, Escalations for the balance of the Term shall be projected based upon the annual average rate of increase, if any, in Escalations from the Commencement Date through the time of awardprospect.

Termination Upon Default. In If an Event of Default shall occur, Lessor at any time thereafter may give a written termination notice given pursuant to any one or more Events of Default, Landlord in its sole discretion, may elect to declare a forfeiture of this Lease as provided in Section 1161 of the California Code of Civil ProcedureLessee, and provided that Landlord’s on the date specified in such notice states (which shall be not less than three days after the giving of such an election, Tenant’s notice) Lessee's right to possession shall terminate and this Lease shall terminate, unless on or before the such date specified in such notice all arrears of Rent, or rental and all other sums payable by Lessee under this Lease (together with the late charges and interest provided for in paragraph 33 hereof) and all costs and expenses incurred by or on behalf of Landlord hereunder, including attorneys’ fees incurred in connection with such default, Lessor hereunder shall have been paid by Tenant Lessee and all other breaches of this Lease by Tenant Lessee at the time existing shall have been fully remedied to the satisfaction of Landlord. Provided that Landlord serves notice, if required, in accordance with the provisions of this Article, Tenant hereby waives any notice required by Section 1161 of the California Code of Civil ProcedureLessor. Upon such termination, Landlord Lessor may recover from Tenant Lessee; (a) the worth at the time of award of the unpaid rent rental which had has been earned at as of the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant Lessee proves could reasonably have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the Term term of this Lease after the time of award exceeds the amount of such rental loss that Tenant Lessee proves could be reasonably avoided; and (d) any other amounts amount necessary to compensate Landlord Lessor for all the detriment proximately caused by Tenant’s Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things events would be likely to result therefrom. The “"worth at the time of award” " of the amounts referred to in clauses (a) and (b) above shall be computed by allowing interest at the interest rate set forth in Section 14.8of ten percent (10%) per annum. The worth at the time of award of the amount referred to in clause (c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%. Unpaid rent shall include Escalations as well as Monthly Base Rent). For the purpose of determining unpaid rent rental under clause clauses (a), (b) and (c) above, Escalations for the balance monthly rent reserved in this Lease shall be deemed to be the sum of the Term shall be projected based upon rental due under paragraph 3 above and the annual average rate amounts last payable by Lessee pursuant to paragraph 4 above and any other monetary obligations of increase, if any, in Escalations from the Commencement Date through the time of awardLessee hereunder.