San Francisco Uses in Termination of Sublease Clause

Termination of Sublease from Sublease Agreement

This Sublease Agreement (the Sublease) is entered into as of this 13 th day of June, 2011, by and between 1000 Master Tenant LLC, a Washington limited liability company (Sublandlord) and Jones Soda Co., a Washington corporation (Subtenant).

Termination of Sublease. Sublandlord may terminate the Sublease and re-enter the Premises and take possession thereof, but no act by Sublandlord other than written notice from Sublandlord to Subtenant of termination shall terminate this Sublease. The Sublease shall terminate on the date specified in the notice of termination. Upon termination of this Sublease, Subtenant will remain liable to Sublandlord for damages in an amount equal to the Rent and other sums that would have been owing by Subtenant under this Sublease for the balance of the Sublease Term, less the net proceeds, if any, of any reletting of the Premises by Sublandlord subsequent to the termination, after deducting all Sublandlords Reletting Expenses (as defined below). Sublandlord shall be entitled to either collect damages from Subtenant monthly on the days on which Rent or other amounts would have been payable under the Sublease, or alternatively, Sublandlord may accelerate Subtenants obligations under the Sublease and recover from Subtenant: (i) unpaid Rent which had been earned at the time of termination; (ii) the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of Rent loss that Subtenant proves could reasonably have been avoided; (iii) the amount by which the unpaid Rent for the balance of the Term of the Sublease after the time of award exceeds the amount of Rent loss that Subtenant proves could reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%)); and (iv) any other amount necessary to compensate Sublandlord for all the detriment proximately caused by Subtenants failure to perform its obligations under the Sublease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described in Section 21.2.