Common use of Termination of Lease Clause in Contracts

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described below.

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described in Section 20(b) below.

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses Sections 24.1 (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent a) or other amounts would have been payable under the Lease, or alternatively(c) above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) The worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; , plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; , plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the awardavoided, plus 1%); and (ivd) any other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Leasethis Lease or which, or which in the ordinary course of things, would be likely to result from therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Event of DefaultPremises, including without limitation Reletting Expenses described belowreasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%).

Termination of Lease. Landlord may terminate Tenant’s interest under In the Lease, but no act event of the termination of this Lease by Landlord as provided for by subparagraph (i) of Section 19(b), Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other than notice additional sums payable by Tenant, or for which Tenant is liable or in respect of termination from which Tenant has agreed to indemnify Landlord to Tenant shall terminate this Lease. The Lease shall terminate on under any of the date specified in the notice of termination. Upon termination provisions of this Lease, Tenant will remain liable which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to Landlord for damages in recover an amount equal to the rent and other sums that would have been owing by Tenant under present value (calculated using a discount rate equal to six percent (6%) per annum) of the aggregate Base Rent payable for the period from the termination date stated in Landlord’s notice terminating this Lease for until the balance of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) unpaid rent which had been earned at the time of termination; (ii) the amount by which the unpaid rent date which would have been earned after termination until the time Expiration Date but for such termination, less the present value (calculated using a discount rate equal to six percent (6%) per annum) of award exceeds the amount fair rental value of rent loss that Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent Premises for the balance of same period (which fair rental value shall be calculated so as to include a reasonable vacancy period for reletting the term of the Lease after the time of award exceeds the amount of rent loss that Tenant proves could reasonably be avoided (discounting Premises and deductions for reasonable expenses and inducements incurred by Landlord to achieve such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Defaultreletting, including without limitation Reletting Expenses described belowattorneys’ fees and expenses, brokerage fees, advertising costs, rent abatements, tenant improvement allowances and the like).

Termination of Lease. Landlord may terminate Tenant’s Xxxxxx's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Xxxxxx's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described in Section 20(b) below.

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternativelyprovisions above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) the worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; plus rental which had been earned at the time of the termination; plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided avoided; plus (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations obligation under the Lease, this Lease or which in the ordinary course of things would be likely to result from therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Event of DefaultPremises, including without limitation Reletting Expenses described belowreasonable attorneys’ fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) any leasing commission, or (v) any other costs necessary or appropriate to relet the Premises; plus (e) at Landlord’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of California. As used in Subsection (a) and (b) above, the “worth at the time of award” is computed by allowing interest at the maximum lawful rate. As used in Subsections (c) above, the “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Mojave Airport at the time of award plus one percent (1%).

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, subparagraphs (i) or (iii) of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternativelySection 13.1, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) The worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; , plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; , plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the awardavoided, plus 1%); and (ivd) any other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Leasethis Lease or which, or which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including, but not limited to, reasonable attorneys' fees and court costs therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including, but not limited to, repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the Event laws, statutes, ordinances, rules or regulations of Defaultthe State of California. As used in subparagraphs (a) and (b) of Section 13.2, including without limitation Reletting Expenses described belowthe "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) of Section 13.2, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Premises at the time of award plus one percent (1%).

Termination of Lease. Landlord Lessor may terminate Tenant’s 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 date stated in such notice. Upon such termination, Lessor shall be 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 Lease, but no act by Landlord other than notice provisions of termination from Landlord to Tenant shall terminate this Lease. The Lease In addition, Lessor shall terminate on be entitled to recover as damages for the date specified 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 notice 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 termination. Upon 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 applicable provisions of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to over the rent and other sums that would have been owing by Tenant under this Lease then present value of the then aggregate fair total rental value of the Leased Premises for the balance of the Lease termTerm, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent such present worth to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly computed in each case on the days on basis of a three percent (3%) per annum discount from the respective dates upon which rent or other amounts such Total Rentals would have been payable under the Leasehereunder had this Lease not been terminated, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; plus (iii) any damages in addition thereto, including reasonable attorneys' fees and court costs, which Lessor shall have sustained by reason of the amount by which breach of any of the unpaid rent covenants of this Lease other than for the balance payment of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowTotal Rental.

Termination of Lease. Terminate this Lease by giving Tenant written notice thereof, in which event Tenant shall immediately surrender the Premises to Landlord and Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus (ii) 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 rent such Rent loss that Tenant proves reasonably could reasonably have been avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term of the Lease Term after the time of award exceeds the amount of rent such Rent loss that Tenant proves reasonably could reasonably be avoided avoided; plus (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course would be likely to result therefrom; plus (v) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. As used in clauses (i) and (ii) above, the “worth at the time of award” is computed by allowing interest at the Default Rate. As used in clause (iii) above, the “worth at the time of award” is computed by discounting such amount by at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); . Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and (iv) any other amount necessary to compensate Landlord for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the detriment proximately caused Premises after any termination of this Lease. If Landlord elects to proceed under this Section 18(a), Landlord may remove all of Tenant’s property from the Premises (which shall be deemed abandoned by Tenant’s failure ) and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to perform the extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as Landlord in its obligations under the Lease, or which in the ordinary course would be likely to result sole discretion may determine (including a term different from the Event Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of Defaultthe Building, including without limitation Reletting Expenses described belowand Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder.

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses Sections 19.1 (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent a) or other amounts would have been payable under the Lease, or alternatively(c) above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) The worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; , plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; , plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the awardavoided, plus 1%); and (ivd) any other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Leasethis Lease or which, or which in the ordinary course of things, would be likely to result from therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Event of DefaultPremises, including without limitation Reletting Expenses described belowreasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus [***].

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternativelyprovisions above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) the worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; plus rental which had been earned at the time of the termination; plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided avoided; plus (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations obligation under the Lease, this Lease or which in the ordinary course of things would be likely to result from therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Event of DefaultPremises, including without limitation Reletting Expenses described belowreasonable attorneys’ fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) any leasing commission, or (v) any other costs necessary or appropriate to relet the Premises.; plus (e) at Landlord’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of California. As used in Subsection (a) and (b) above, the “worth at the time of award” is computed by allowing interest at the maximum lawful rate. As used in Subsections (c) above, the “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Mojave Airport at the time of award plus one percent (1%).

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, subparagraphs (i) or (iii) of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternativelySection 13.1, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) the worth at the time of award of any unpaid rent which had been earned at the time of the termination; , plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; , plus (iiic) the worth at the time of award of the amount by which the unpaid rent for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the awardavoided, plus 1%); and (ivd) any all other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Leasethis Lease or which, or which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including, but not limited to, reasonable attorneys’ fees and court costs therefor, (ii) maintaining or preserving the Premises after any default, or (iii) any other costs necessary or appropriate to relet the Premises, plus (iv) at Landlord’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Laws. As used in subparagraphs (a) and (b) of Section 13.2, the Event “worth at the time of Defaultaward” is computed by allowing interest at the lesser of the Interest Rate and the maximum lawful rate. As used in subparagraph (c) of Section 13.2, including without limitation Reletting Expenses described belowthe “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).

Termination of Lease. Landlord may may, by written notice, terminate Tenant’s interest under this Lease and recover possession of the Premises. Once Landlord has terminated this Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Leaseimmediately surrender the Premises to Landlord. The Lease shall terminate on the date specified in the notice of termination. Upon On termination of this Lease, Landlord may recover from Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance all of the Lease term, less following: (a) the net proceeds, if any, worth at the time of the award of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) unpaid rent which Rent that had been earned at the time of the termination, to be computed by allowing interest at the Default Rate (as defined below); (iib) the worth at the time of the award of the amount by which the unpaid rent which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be computed by allowing interest at the Default Rate; (iiic) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the term of the Lease lease Term after the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be avoided (computed by discounting such that amount by at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the this Lease, or which in the ordinary course of things would be likely to result from the Event therefrom; and (e) any other amounts, in addition to or in lieu of Defaultthose listed above, including without limitation Reletting Expenses described belowthat may be permitted by applicable law.

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of clauses (a) or (c) of Section 17.1 above. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) the worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; , plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; , plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the awardavoided, plus 1%); and (ivd) any other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Leasethis Lease or which, or which in the ordinary course of things, would be likely to result therefrom (specifically including, but not limited to, brokerage commissions applicable to the remaining Term of this Lease and advertising expenses incurred, reasonably necessary 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 a new tenant) plus, at Landlord’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the Event laws of Defaultthe State of California. As used in clauses (a) and (b) above, including without limitation Reletting Expenses described belowthe “worth at the time of award” is computed by allowing interest at the Interest Rate. As used in clause (c) above, the “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Project at the time of award plus one percent (1 %).

Termination of Lease. Landlord may terminate Tenant’s interest under the LeaseTerminate this Lease and all rights of Tenant hereunder by any lawful means, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate in which case this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, and Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting shall immediately surrender possession of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). In such event Landlord shall be entitled to either collect damages recover from Tenant monthly on the days on which rent or other amounts would have been payable under the Leaseall damages incurred by Landlord by reason of Tenant's default including, or alternativelybut not limited to, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) 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 rent such rental loss that Tenant proves could reasonably have been reasonably avoided; plus (iii) the worth at the time of aware of the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent such rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, avoided; plus 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Xxxxxx's failure to perform its Tenant's obligations under the Lease, this Lease or which in the ordinary course of events would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commissions. The "worth at the time of award" for purposes of subsections (i) and (ii) above is computed by allowing interest at the maximum legal rate, and the "worth at the time of award" for purposes of subsection (iii) is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the Event amount specified in this paragraph, or (y) proceeding under the provisions of Default, including without limitation Reletting Expenses described below.the following Article 24(b);

Termination of Lease. Terminate this Lease by giving Tenant written notice thereof, in which event Tenant shall immediately surrender the Premises to Landlord and Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) the worth at the time of award of any unpaid rent Rent which had been earned at the time of such termination; plus (ii) 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 rent such Rent loss that Tenant proves reasonably could reasonably have been avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term of the Lease Term after the time of award exceeds the amount of rent such Rent loss that Tenant proves reasonably could reasonably be avoided avoided; plus (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Xxxxxx’s failure to perform its obligations under this Lease or which in the ordinary course would be likely to result therefrom; plus (v) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. As used in clauses (i) and (ii) above, the “worth at the time of award” is computed by allowing interest at the Default Rate. As used in clause (iii) above, the “worth at the time of award” is computed by discounting such amount by at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); . Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and (iv) any other amount necessary to compensate Landlord for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Xxxxxx’s right of occupancy of the detriment proximately caused Premises after any termination of this Lease. If Landlord elects to proceed under this Section 18(a), Landlord may remove all of Tenant’s property from the Premises (which shall be deemed abandoned by Tenant’s failure ) and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to perform the extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as Landlord in its obligations under the Lease, or which in the ordinary course would be likely to result sole discretion may determine (including a term different from the Event Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of Defaultthe Building, including without limitation Reletting Expenses described belowand Landlord shall not be obligated to accept any prospective tenant proposed by Xxxxxx unless such proposed tenant meets all of Landlord’s leasing criteria. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder.

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses Section 19.1 (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent a) or other amounts would have been payable under the Lease, or alternatively(c) above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: , as damages, the following (iin addition to any other damages recoverable under applicable law): (a) the worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided avoided; plus (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, this Lease or which in the ordinary course of things would be likely to result from therefrom, including, but not limited to any costs or expenses incurred by Landlord in (i) retaking possession of the Event of DefaultPremises, including without limitation Reletting Expenses described belowreasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions or (v) any other costs boattree\misc\tierra.lse 27 necessary or appropriate to relet the Premises; plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State where the Shopping Center is situated. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%).

Termination of Lease. Landlord may terminate Tenant’s interest under the LeaseTerminate this Lease and all rights of -------------------- Tenant hereunder by any lawful means, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate in which case this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting Xxxxxx shall immediately surrender possession of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). In such event Landlord shall be entitled to either collect damages recover from Tenant monthly on the days on which rent or other amounts would have been payable under the Leaseall damages incurred by Landlord by reason of Tenant' s default including, or alternativelybut not limited to, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) 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 rent such rental loss that Tenant proves could reasonably have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent such rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, avoided; plus 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Xxxxxx's failure to perform its Tenant's obligations under the Lease, this Lease or which in the ordinary course of events would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commissions actually paid. The "worth at the time of award" for purposes of subsections (i) and (ii) above is computed by allowing interest at the maximum legal rate, and the "worth at the time of award" for purposes of subsection (iii) is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 %). In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the Event amount specified in this paragraph, (y) proceeding under the provisions of Defaultthe following Article 24(b), including without limitation Reletting Expenses described below.and/or (z) exercise any other remedy allowed by law;

Termination of Lease. Landlord may terminate Tenant’s Xxxxxx's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant Xxxxxx will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s Xxxxxx's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described below.

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, clauses (a) or (c) of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternativelySection 17.1 above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) the worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; , plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; , plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the awardavoided, plus 1%); and (ivd) any other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Leasethis Lease or which, or which in the ordinary course of things, would be likely to result therefrom (specifically including, but not limited to, brokerage commissions applicable to the remaining Term of this Lease and advertising expenses incurred, reasonably necessary 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 a new tenant) plus, at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the Event laws of Defaultthe State of California. As used in clauses (a) and (b) above, including without limitation Reletting Expenses described belowthe "worth at the time of award" is computed by allowing interest at the Interest Rate. As used in clause (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Project at the time of award plus one percent (1%).

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, clauses (i) or (iii) of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternativelySection 13.1, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) the worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; , plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; , plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the awardavoided, plus 1%); and (ivd) any other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Leasethis Lease or which, or which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including, but not limited to, reasonable attorneys' fees and court costs therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including, but not limited to, repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable laws. As used in subsections (a) and (b) of this Section 13.2, the Event "worth at the time of Defaultaward" is computed by allowing interest at the maximum lawful rate. As used in subsection (c) of this Section 13.2, including without limitation Reletting Expenses described belowthe "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Premises at the time of award plus one percent (1%).

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be he entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 21.2.

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon No termination of this Lease pursuant to this Section or repossession of the Premises or any part thereof shall relieve Tenant of its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. Tenant will remain liable shall pay to Landlord Landlord, as and for liquidated and agreed damages in an amount equal to for Tenant's default, (i) the then present value of the rent and other sums that and charges to be paid by Tenant until what would have been owing by Tenant under this Lease for the balance end of the Lease termterm in the absence of such termination or repossession (the "Scheduled Amount"), less (ii) the then present value of the net proceeds, if any, of any re-letting the reletting of the Premises by Landlord subsequent to the termination(including any parts thereof), for any periods within such term, after deducting all of Landlord’s 's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, attorney fees, alteration costs and expenses of preparation of such reletting (the "Reletting Expenses (as defined belowAmount"). Landlord The Tenant shall be entitled to either collect damages from the benefit of all Reletting Amounts, whenever arising or determined, and Landlord shall promptly pay to Tenant monthly on the days on which rent or other amounts would have been payable any overpayments that are made to Landlord under the Leaseprior sentence as additional Reletting Amounts are determined. Landlord shall use reasonable efforts to re-let the Premises and otherwise mitigate damages. Exercise of any remedy hereunder by the Landlord shall not exclude the right to exercise any other remedy hereunder, or alternatively, but in no event will Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent be entitled to be paid more than once for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowsame loss.

Termination of Lease. Landlord may terminate Tenant’s interest under this Lease and recover possession of the Premises. Once Landlord has terminated this Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Leaseimmediately surrender the Premises to Landlord. The Lease shall terminate on the date specified in the notice of termination. Upon On termination of this Lease, Landlord may recover from Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance all of the Lease term, less following: (a) the net proceeds, if any, worth at the time of the award of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) unpaid rent which Rent that had been earned at the time of the termination, to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (iib) the worth at the time of the award of the amount by which the unpaid rent which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (iiic) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the term of the Lease Term after the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be avoided (computed by discounting such that amount by at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); and (ivd) any Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the this Lease, including brokerage commissions and advertising expenses, expenses of remodeling the Premises for a new tenant (whether for the same or which a different use), and any special concessions made to obtain a new tenant; and (e) any other amounts, in the ordinary course would addition to or in lieu of those listed above, that may be likely to result from the Event of Default, including without limitation Reletting Expenses described belowpermitted by applicable law.

Termination of Lease. Landlord Lessor may terminate Tenant’s Lessee's interest under the this Lease, but no act by Landlord Lessor other than written notice from Lessor to Lessee of termination from Landlord to Tenant shall terminate this Lease. The This Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant Lessee will remain liable to Landlord Lessor for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant Lessee under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord Lessor subsequent to the termination, after deducting all of Landlord’s Lessor's Reletting Expenses (as defined belowin Section 23.2). Landlord Lessor shall be entitled to either collect damages from Tenant Lessee monthly on the days on which rent Rent or other amounts would have been payable under the this Lease, or alternatively, Landlord Lessor may accelerate Tenant’s Lessee's obligations under the this Lease and recover from TenantLessee: (i) unpaid rent Rent which had been earned at the time of termination; (ii) the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of rent Rent loss that Tenant Lessee proves could reasonably have been avoided; (iii) the amount by which the unpaid rent Rent for the balance of the term of the this Lease after the time of award exceeds the amount of rent Rent loss that Tenant Lessee 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 1%); and (iv) any other amount necessary to compensate Landlord Lessor for all the detriment proximately caused by Tenant’s Lessee's failure to perform its obligations under the this Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 23.2.

Termination of Lease. Landlord may may, by written notice, terminate Tenant’s interest under this Lease and recover possession of the Premises. Once Landlord has terminated this Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Leaseimmediately surrender the Premises to Landlord. The Lease shall terminate on the date specified in the notice of termination. Upon On termination of this Lease, Landlord may recover from Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance all of the Lease term, less following: (a) the net proceeds, if any, worth at the time of the award of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) unpaid rent which Rent that had been earned at the time of the termination, to be computed by allowing interest at the Default Rate (as defined below); (iib) the worth at the time of the award of the amount by which the unpaid rent which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be computed by allowing interest at the Default Rate; (iiic) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the term of the Lease Term after the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be avoided (computed by discounting such that amount by at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the this Lease, or which in the ordinary course of things would be likely to result from the Event therefrom; and (e) any other amounts, in addition to or in lieu of Defaultthose listed above, including without limitation Reletting Expenses described belowthat may be permitted by applicable law.

Termination of Lease. Landlord may terminate Tenant’s interest under the LeaseLease and re-enter the Premises and take possession thereof, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease termTerm, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent Rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) unpaid rent Rent which had been earned at the time of termination; (ii) the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of rent Rent loss that Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent Rent for the balance of the term Term of the Lease after the time of award exceeds the amount of rent Rent loss that Tenant 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 Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 21.2.

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of Terminate this Lease, in which event Tenant will remain liable shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have for damages possession or arrearages in an amount equal to the rent rent, enter upon and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting take possession of the Premises by and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages may recover from Tenant monthly on the days on which rent or other amounts would have been payable under following: The worth at the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) time of award of any unpaid rent which had has been earned at the time of such termination; (ii) plus 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 rent such rental loss that Tenant proves could reasonably have been reasonably avoided; (iii) plus The worth at the time of award of the amount by which the unpaid rent for the balance of the term of the Lease Term after the time of award exceeds the amount of rent such rental loss that Tenant proves could have been reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, avoided; plus 1%); and (iv) any Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, this Lease or which in the ordinary course of things would be likely to result therefrom, specifically including but not limited to, brokerage 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 a new tenant; and At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from the Event of Default, including without limitation Reletting Expenses described belowtime to time by applicable law.

Termination of Lease. Landlord may terminate Tenant’s interest under the LeaseTerminate this Lease and all rights of Tenant -------------------- hereunder by any lawful means, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate in which case this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, and Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting shall immediately surrender possession of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). In such event Landlord shall be entitled to either collect damages recover from Tenant monthly on the days on which rent or other amounts would have been payable under the Leaseall damages incurred by Landlord by reason of Tenant's default including, or alternativelybut not limited to, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) 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 rent such rental loss that Tenant proves could reasonably have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent such rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, avoided; plus 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its Tenant's obligations under the Lease, this Lease or which in the ordinary course of events would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commissions. The "worth at the time of award" for purposes of subsections (i) and (ii) above is computed by allowing interest at the maximum legal rate, and the "worth at the time of award" for purposes of subsection (iii) is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the Event amount specified in this paragraph, or (y) proceeding under the provisions of Default, including without limitation Reletting Expenses described below.the following Article 24(b);

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 20(b).

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described below.

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 21b.

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent Rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s Tenants obligations under the Lease and recover from Tenant: (i) unpaid rent Rent which had been earned at the time of termination; (ii) the amount by which the unpaid rent Rent which would have been earned after termination until the time of award exceeds the amount of rent Rent loss that Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent Rent for the balance of the term of the Lease after the time of award exceeds the amount of rent Rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 21(b).

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of reasonable Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, Lease or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 22b.

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses Sections 19.1 (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent a) or other amounts would have been payable under the Lease, or alternatively(c) above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) The worth at the time of award of any unpaid rent rental which had been earned at the time of the termination; , plus (iib) 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; , plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent rental loss that Tenant proves could be reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the awardavoided, plus 1%); and (ivd) any other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Leasethis Lease or which, or which in the ordinary course of things, would be likely to result from therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Event of DefaultPremises, including without limitation Reletting Expenses described below.reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%). 19.3

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that GNW/Warehouse Lease page 10 would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be he entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 21.2.

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord Landlord, other than written notice of termination from Landlord to Tenant of termination, shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: ; (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 20b.

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described below.

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent base Rent, additional Rent, and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 22b.

Termination of Lease. Landlord may terminate Tenant’s interest under this Lease and recover possession of the Premises. Once Landlord has terminated this Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Leaseimmediately surrender the Premises to Landlord. The Lease shall terminate on the date specified in the notice of termination. Upon On termination of this Lease, Landlord may recover from Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance all of the Lease term, less following: (a) The worth at the net proceeds, if any, time of the award of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) unpaid rent which Rent that had been earned at the time of the termination, to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (iib) The worth at the time of the award of the amount by which the unpaid rent which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (iiic) The worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the term of the Lease Term after the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be avoided (computed by discounting such that amount by at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); and (ivd) any Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the this Lease, including brokerage commissions and advertising expenses, expenses of remodeling the Premises for a new tenant (whether for the same or which a different use), and any special concessions made to obtain a new tenant; and (e) Any other amounts, in the ordinary course would addition to or in lieu of those listed above, that may be likely to result from the Event of Default, including without limitation Reletting Expenses described belowpermitted by applicable law.

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 21b.

Termination of Lease. If a Default occurs under Article 15.A, Landlord may terminate Tenant’s interest under shall have the Lease, but no act by Landlord other than notice of termination from Landlord right to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent reenter and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting of repossess the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent detainer suit or other amounts would have been payable under the Leaselawful means, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from TenantTenant as damages a sum of money equal to: (ia) the worth at the time of award of the unpaid rent Rent which had been earned at the time of termination; (iib) the worth at the time of award of the amount by which the unpaid rent Rent which would world have been earned after termination until the time of the award exceeds the amount of rent such Rent loss that Tenant proves could reasonably have been reasonably avoided; (iiic) the worth at the time of award of the amount by which the unpaid rent Rent for the balance of the term of the Lease Term after the time of award exceeds the amount of rent such Rent loss that Tenant proves could can 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 1%)avoided; and (ivd) any other amount amounts necessary to compensate Landlord for all the detriment or damages proximately caused by Tenant’s 's failure to perform its obligations under the Lease, this Lease or which that in the ordinary course would be likely to result from the Event of Defaulttherefrom, including without limitation all Costs of Reletting Expenses described below(as defined in Article 15). For purposes of computing the amount of Rent herein that would have accrued after the time of award, Tenant's obligations for Taxes and Insurance shall be projected based upon the average rate of increase, if any, in such items from the Commencement Date through the time of award. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) shall be computed by allowing interest at the Default Rate (as defined in Article 31). The "worth at the time of award" of the amount referred to in paragraph (c) shall be computed by discounting such amount in accordance with accepted financial practice at the rate of seven percent (7%) per annum to the then present value.

Termination of Lease. Landlord Lessor may terminate Tenant’s 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 date stated in such notice. Upon such termination, Lessor shall be 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 Lease, but no act by Landlord other than notice provisions of termination from Landlord to Tenant shall terminate this Lease. The Lease In addition, Lessor shall terminate on be entitled to recover as damages for the date specified 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 notice 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 termination. Upon 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 applicable provisions of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to over the rent and other sums that would have been owing by Tenant under this Lease then present value of the then aggregate fair total rental value of the Leased Premises for the balance of the Lease termTerm, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent such present worth to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly computed in each case on the days on basis of a three percent (3%) per annum discount from the respective dates upon which rent or other amounts such Total Rentals would have been payable under the Leasehereunder had this Lease not been terminated, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; plus (iii) any damages in addition thereto, including reasonable attorneys' fees and court costs, which Lessor shall have sustained by reason of the amount by which breach of any of the unpaid rent covenants of this Lease other than for the balance payment of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowTotal Rental.

Termination of Lease. Should Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord elect to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal pursuant to the rent and other sums that would have been owing by Tenant under this Lease for the balance provisions of the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined belowSection 15.2(b). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ia) the worth at the time of award of any unpaid rent rental which had has been earned at the time of termination; plus (iib) the worth at 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 rent rental loss that Tenant proves could reasonably have been reasonably avoided; plus (iiic) the worth at the time of award of the amount by which the unpaid rent rental for the balance of the term of the Lease Term after the time of award exceeds the amount of rent the rental loss that Tenant proves could be reasonably be avoided avoided; plus (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations obligation under the Lease, this Lease or which in the ordinary course of things would be likely to result from therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Event of DefaultPremises, including without limitation Reletting Expenses described belowreasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commission, or, (v) any other costs necessary or appropriate to relet the Premises; plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Building at the time of award plus one percent (1%).

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: ; (i) unpaid rent which had been earned at the time of termination; (ii) the amount by which the unpaid rent which would LEASE AGREEMENT (SINGLE TENANT FOR ENTIRE PARCEL - TRIPLE NET) (CONTINUED) have been earned after termination until the time of award exceeds the amount of rent loss that Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 20b.

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of Terminate this Lease, in which event Xxxxxx shall immediately surrender the Premises to Landlord, and if Tenant will remain liable fails to do so, Landlord may, without prejudice to any other remedy which it may have for damages possession or arrearages in an amount equal to the rent rent, enter upon and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting take possession of the Premises by and expel or remove Xxxxxx and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages may recover from Tenant monthly on the days on which rent or other amounts would have been payable under following: The worth at the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) time of award of any unpaid rent which had has been earned at the time of such termination; (ii) plus 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 rent such rental loss that Tenant proves could reasonably have been reasonably avoided; (iii) plus The worth at the time of award of the amount by which the unpaid rent for the balance of the term of the Lease Term after the time of award exceeds the amount of rent such rental loss that Tenant proves could have been reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, avoided; plus 1%); and (iv) any Any other amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx’s failure to perform its obligations under the Lease, this Lease or which in the ordinary course of things would be likely to result therefrom, specifically including but not limited to, brokerage 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 a new tenant; and At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from the Event of Default, including without limitation Reletting Expenses described belowtime to time by applicable law.

Termination of Lease. Landlord may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination terminations of this the Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant under this the Lease for the balance of the Lease termTerm, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below)Expenses. Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) unpaid rent which had been earned Rent 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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent Rent for the balance of the term Term of the Lease after the time of award exceeds less the amount of rent loss that Tenant proves could reasonably be avoided by Landlord (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (iviii) any other amount necessary to fully compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform performs its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowlimitation.

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described below.

Termination of Lease. Landlord may terminate Tenant’s interest under this Lease and recover possession of the Premises. Once Landlord has terminated this Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Leaseimmediately surrender the Premises to Landlord. The Lease shall terminate on the date specified in the notice of termination. Upon On termination of this Lease, Landlord may recover from Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance all of the Lease term, less following: (a) the net proceeds, if any, worth at the time of the award of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant: (i) unpaid rent which Rent that had been earned at the time of the termination, to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (iib) the worth at the time of the award of the amount by which the unpaid rent which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (iiic) the worth the time of the award of the amount by which the unpaid rent Rent for the balance of the term of the Lease Term after the time of the award exceeds the amount of rent loss unpaid Rent that Tenant proves could reasonably have been avoided, to be avoided (computed by discounting such that amount by at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, award plus one percent (1%); and (ivd) any Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the this Lease, including brokerage commissions and advertising expenses, expenses of remodeling the Premises for a new tenant (whether for the same or which a different use), and any special concessions made to obtain a new tenant; and (e) any other amounts, in the ordinary course would addition to or in lieu of those listed above, that may be likely to result from the Event of Default, including without limitation Reletting Expenses described belowpermitted by applicable law.

Termination of Lease. Landlord may terminate Tenant’s 's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any re-letting reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s 's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s 's obligations under the Lease and recover from Tenant: (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 Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant 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 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described belowin Section 20b.