Common use of Continuation of Lease Clause in Contracts

Continuation of Lease. Landlord may continue this Lease in full force and effect and the Lease will continue in effect as long as Landlord does not terminate Tenant’s right to possession, and Landlord shall have the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: First, any indebtedness from Tenant to Landlord other than Fixed Rent due from Tenant; Second, all costs, including for maintenance, incurred by Landlord in reletting; Third, Fixed Rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent received from the reletting is less than the Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Continuation of Lease. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue this Lease in full force and effect and the Lease will continue lease in effect after Xxxxxx's breach and abandonment and recover rent as long it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord does not terminate Tenant’s right to possessionin its sole discretion may deem advisable, and Landlord shall have with the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises make alterations and relet them, or any part of them, repairs to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling . In the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant event that Landlord elects to terminate this Lease. If so relet, rentals received by Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from such reletting shall be applied to in the following order to: (i) the payment of: First, of any indebtedness other than Base Monthly Rent due hereunder from Tenant to Landlord other than Fixed Rent due from TenantLandlord; Second, all costs, including for maintenance, incurred by Landlord in (ii) the payment of any cost of such reletting; Third, Fixed (iii) the payment of the cost of any alterations and repairs to the Premises; and (iv) the payment of Base Monthly Rent and other sums due and unpaid under this Leasehereunder. After deducting the payments referred to in this paragraphThe residual rentals, any sum remaining from the rent Landlord receives from reletting if any, shall be held by Landlord and applied in payment of future Base Monthly Rent as Rent becomes the same may become due under this Leaseand payable hereunder. Landlord shall have the obligation to market the space. In no the event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent portion of rentals received from such reletting which is applied to the reletting is payment of rent hereunder during any month be less than the Rent due on rent payable during that datemonth by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in addition to such reletting or in making such alterations and repairs not covered by the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent rentals received from the reletting as provided in this paragraphsuch reletting.

Continuation of Lease. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue this Lease in full force and effect and the Lease will continue lease in effect after Tenant’s breach and abandonment and recover rent as long it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord does not terminate Tenant’s right to possessionin its sole discretion may deem advisable, and Landlord shall have with the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises make alterations and relet them, or any part of them, repairs to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling . In the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant event that Landlord elects to terminate this Lease. If so relet, rentals received by Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from such reletting shall be applied to in the following order to: (i) the payment of: First, of any indebtedness other than Base Monthly Rent due hereunder from Tenant to Landlord other than Fixed Rent due from TenantLandlord; Second, all costs, including for maintenance, incurred by Landlord in (ii) the payment of any cost of such reletting; Third, Fixed (iii) the payment of the cost of any alterations and repairs to the Premises; and (iv) the payment of Base Monthly Rent and other sums due and unpaid under this Leasehereunder. After deducting the payments referred to in this paragraphThe residual rentals, any sum remaining from the rent Landlord receives from reletting if any, shall be held by Landlord and applied in payment of future Base Monthly Rent as Rent becomes the same may become due under this Leaseand payable hereunder. Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In no the event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent portion of rentals received from such reletting which is applied to the reletting is payment of rent hereunder during any month be less than the Rent due on rent payable during that datemonth by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in addition to such reletting or in making such alterations and repairs not covered by the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent rentals received from the reletting as provided in this paragraphsuch reletting.

Continuation of Lease. No act by Landlord may continue this Lease (including the acts set forth in full force and effect and the Lease will continue next sentence) terminates Tenant’s right to possession unless Landlord notifies Tenant in effect as writing that Landlord elects to terminate Tenant’s right to possession. As long as Landlord does not terminate Tenant’s right to possession, and Landlord shall have the right may (i) continue this Lease in effect, (ii) continue to collect Rent rent when due. During due and enforce all the period Tenant is in Defaultother provisions of this Lease, Landlord can (iii) enter the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease, and (iv) have a receiver appointed to collect rent and conduct Tenant’s business. Tenant shall immediately pay to Landlord all costs Landlord incurs in such reletting, including brokers’ commissions, attorneys’ fees, advertising costs, and expenses of remodeling the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any Premises for such reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet all or any portion of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from reletting shall such relating will be applied to the payment of: First, in the following order and priority, (i) any indebtedness from Tenant to Landlord other than Fixed Basic Monthly Rent due from front Tenant; Second, (ii) all costs, including for maintenance, costs incurred by Landlord in the reletting; Third, Fixed and (iii) Basic Monthly Rent (and, if applicable, percentage rent) due and unpaid under this Lease. After deducting applying the payments as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from the reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent it becomes due under this Lease. In no event shall Tenant will not be entitled to any excess rent received by Landlord. If, on the date Rent is due Landlord unless and until all obligations of Tenant under this Lease, the rent received from the reletting is less than the Rent due on that dateincluding all future obligations, Tenant shall pay to Landlord, are satisfied in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphfull.

Continuation of Lease. In the event that Landlord may elects to continue this Lease in full force and effect and the Lease effect, Tenant will continue in effect as long as Landlord does not terminate Tenant’s right to possession, and Landlord shall be liable for all rents. Xxxxxxxx will nevertheless have all the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter rights of re-entry upon the Premises and relet themwithout becoming liable for damages, or any guilty of a trespass. Landlord, after re-entry, shall use commercially reasonable efforts to relet all or a part of themthe Premises to a substitute tenant or tenants, for a period of time equal to third parties for Tenantor less or greater than the remainder of the Term on whatever terms and conditions Landlord, at Landlord’s accountsole discretion, deems advisable. Against the rents and sums due from Tenant shall be liable immediately to Landlord for all during the remainder of the Term, credit will be given Tenant in the net amount of rent received from the new tenant after deduction by Landlord for: (i) the costs incurred by Landlord incurs in reletting the Premises, Premises (including, without limitation, brokers’ commissionsremodeling costs, expenses of remodeling the Premises required by the relettingbrokerage fees, and like costs. Reletting can be for a period shorter or longer than the remaining term like), (ii) the accrued sums, plus Interest and late charges if in arrears, under the terms of this Lease. Tenant shall pay , (iii) Landlord’s cost of recovering possession of the Premises, and (iv) if Landlord elects to Landlord store Tenant’s property in accordance with Section 7.4, the Rent due under this Lease cost of storing any of Tenant’s property left on the dates Premises after re-entry. Notwithstanding any provision in this Section 12.2(b) to the Rent is duecontrary, less upon the rent default of any substitute tenant or upon the expiration of the term of such substitute tenant before the expiration of the Term hereof, Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall may, at Landlord’s election, either relet to another substitute tenant, or terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate and exercise Landlord’s rights under Section 12.2(a) of this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: First, any indebtedness from Tenant to Landlord other than Fixed Rent due from Tenant; Second, all costs, including for maintenance, incurred by Landlord in reletting; Third, Fixed Rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent received from the reletting is less than the Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Continuation of Lease. Landlord may can continue this Lease in full force and effect effect, and the Lease will continue in effect as long as Landlord does not terminate Tenant’s 's right to possession, and Landlord shall will have the right to collect Rent rent when due. During the period Tenant is in Defaultdefault, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s 's account. Tenant shall will be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, including brokers’ ' commissions, and expenses of remodeling the Premises required by the relettingto make it rentable, and like costsbut not improvements for a new 41 42 tenant. Reletting can be for a period shorter or longer than the remaining term of this the Lease. Tenant shall will pay to Landlord the Minimum Rent due under this Lease on the dates the Rent rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall Section 15.2(b) will terminate this Lease unless Landlord Notifies notifies Tenant that Landlord elects to terminate this Lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, if Tenant obtains Landlord's consent, Tenant will have the right to assign or sublet its interest in this Lease, but Tenant will not be released from liability under this Lease. If Landlord elects to relet the Premises as provided in this paragraphSection 15.2(b), rent that Landlord receives from reletting shall will be applied to the payment of: First(i) first, any indebtedness from Tenant to Landlord other than Fixed Rent rent due from Tenant; Second(ii) second, all costs, including for maintenance, incurred by Landlord in reletting; Third(iii) third, Fixed Rent rent due and unpaid under this the Lease. After deducting the payments referred to in this paragraphSection 15.2(b), any sum remaining from the rent Landlord receives from reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent rent becomes due under this Lease. In no event shall will Tenant be entitled to any excess rent received by Landlord. If, on the date Rent rent is due under this Lease, the rent received from the reletting is less than the Minimum Rent due on that date, Tenant shall will pay to Landlord, in addition to the remaining minimum Rent due, all costs, including for maintenance, Landlord incurred in reletting that which remain after applying the rent received from the reletting as provided in this paragraphreletting.

Continuation of Lease. Lxxxxxxx has the remedy described in California Civil Code Section 1951.4 (Landlord may continue this Lease in effect after Txxxxx's breach and abandonment and recover rent as it becomes due, if Txxxxx has the right to sublet or assign, subject only to reasonable limitations), as follows: (a) Landlord can continue this Lease in full force and effect and the Lease will continue in effect as long as Landlord does not terminate without terminating Tenant’s 's right to of possession, and Landlord shall have the right to collect Rent rent and other monetary charges when duedue and to enforce all other obligations of Tenant hereunder. During Landlord shall have the period Tenant is in Default, Landlord can right to enter the Premises to do acts of maintenance and preservation of the Premises, to make alterations and repairs in order to relet themthe Premises, and/or to undertake other efforts to relet the Premises. Landlord may also remove personal property from the Premises and store the same in a public warehouse at Tenant's expense and risk. No act by Landlord permitted under this paragraph shall terminate this Lease unless a written notice of termination is given by Landlord to Tenant or unless the termination is decreed by a court of competent jurisdiction. (b) In furtherance of the remedy set forth in this Section, Landlord may relet the Premises or any part of them, to third parties thereof for Tenant’s 's account, for such term (which may extend beyond the Lease Term), at such rent, and on such other terms and conditions as Landlord may deem advisable in its sole discretion. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act Any rents received by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from such reletting shall be applied to the payment of: First, (i) any indebtedness other than rent due hereunder from Tenant to Landlord other than Fixed Rent due from Tenant; SecondLandlord, all (ii) the costs of such reletting, including brokerage and attorneys' fees and costs, including for maintenanceand the cost of any alterations and repairs to the Premises, incurred by Landlord in reletting; Third, Fixed Rent and (iii) the payment of rent due and unpaid under this Leasehereunder, including any previously waived or abated rent. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting Any remainder shall be held by Landlord Lxxxxxxx and applied in payment of future Rent amounts as Rent becomes the same become due under this Leaseand payable hereunder. In no event shall Tenant be entitled to any excess rent received by Landlord after an Event of Default by Txxxxx and the exercise of Landlord's remedies hereunder. If, on the date Rent is due under this Lease, If the rent received from the such reletting during any month is less than the Rent due on that daterent payable hereunder, Tenant shall pay such deficiency to LandlordLandlord upon demand. (c) Landlord shall not, by any re-entry or other act, be deemed to have accepted any surrender by Tenant of the Premises or Tenant's interest therein, or be deemed to have terminated this Lease or Txxxxx's right to possession of the Premises or the liability of Tenant to pay rent accruing thereafter or Txxxxx's liability for damages under any of the provisions hereof, unless Landlord shall have given Tenant notice in addition writing that it has so elected to terminate this Lease. (d) Txxxxx acknowledges and agrees that the remaining Rent due, all costs, including restrictions on the Transfer of this Lease set forth in Article 18 of this Lease constitute reasonable restrictions on such transfer for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in purposes of this paragraph.Section and California Civil Code Section 1951.4. 22.3

Continuation of Lease. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue this Lease in full force and effect and the Lease will continue lease in effect after Tenant’s breach and abandonment and recover rent as long it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord does not terminate Tenant’s right to possessionin its sole but reasonable discretion may deem advisable, and Landlord shall have with the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises make alterations and relet them, or any part of them, repairs to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling . In the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant event that Landlord elects to terminate this Lease. If so relet, rentals received by Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from such reletting shall be applied to in the following order to: (i) the payment of: First, of any indebtedness other than Base Monthly Rent due hereunder from Tenant to Landlord other than Fixed Rent due from TenantLandlord; Second, all costs, including for maintenance, incurred by Landlord in (ii) the payment of any cost of such reletting; Third, Fixed (iii) the payment of the cost of any alterations and repairs to the Premises; and (iv) the payment of Base Monthly Rent and other sums due and unpaid under this Leasehereunder. After deducting the payments referred to in this paragraphThe residual rentals, any sum remaining from the rent Landlord receives from reletting if any, shall be held by Landlord and applied in payment of future Base Monthly Rent as Rent becomes the same may become due under this Leaseand payable hereunder. Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In no the event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent portion of rentals received from such reletting which is applied to the reletting is payment of rent hereunder during any month be less than the Rent due on rent payable during that datemonth by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in addition to such reletting or in making such alterations and repairs not covered by the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent rentals received from the reletting as provided in this paragraphsuch reletting.

Continuation of Lease. No act by Landlord may continue this Lease (including the acts set forth in full force and effect and the Lease will continue next sentence) terminates Tenant’s right to possession unless Landlord notifies Tenant in effect as writing that Landlord elects to terminate Tenant’s right to possession. As long as Landlord does not terminate Tenant’s right to possession, and Landlord shall have the right may (i) continue this Lease in effect, (ii) continue to collect Rent rent when due. During due and enforce all the period Tenant is in Defaultother provisions of this Lease, Landlord can (iii) enter the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease, and (iv) have a receiver appointed to collect rent and conduct Tenant’s business. Tenant shall immediately pay to Landlord all costs Landlord incurs in such reletting, including brokers’ commissions, attorneys’ fees, advertising costs, and expenses of remodeling the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any Premises to a vanilla shell condition for such reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet all or any portion of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from such reletting shall will be applied to the payment of: First, in the following order and priority, (i) any indebtedness from Tenant to Landlord other than Fixed Basic Monthly Rent due from Tenant; Second, (ii) all costs, including for maintenance, costs incurred by Landlord in reletting; Thirdthe reletting in accordance with this paragraph, Fixed and (iii) Basic Monthly Rent (and, if applicable, percentage rent) due and unpaid under this Lease. After deducting applying the payments as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from the reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent it becomes due under this Lease. In no event shall Tenant will not be entitled to any excess rent received by Landlord. If, on the date Rent is due Landlord unless and until all obligations of Tenant under this Lease, the rent received from the reletting is less than the Rent due on that dateincluding all future obligations, Tenant shall pay to Landlord, are satisfied in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphfull.

Continuation of Lease. No act by Landlord may continue (including without limitation the acts set forth in the succeeding sentence) will terminate this Lease unless Landlord notifies Tenant in full force and effect and the Lease will continue in effect as writing that Landlord elects to terminate this Lease. As long as Landlord does not terminate Tenant’s right to possessionthis Lease, and Landlord shall have the right may (A) continue this Lease in effect, (B) continue to collect Rent when due. During due and enforce all the period Tenant is in Defaultother provisions of this Lease (including bringing suit from time to time for amounts unpaid), Landlord can (C) terminate Tenant’s right of possession to the Premises, enter the Premises and relet them, or any part of them, to third parties for Tenant’s account, for a period shorter or longer than the remaining Lease Term, (D) remove all persons and property from the Premises (such property to be removed and disposed of at the cost of Tenant) and without Landlord being deemed guilty of trespass or becoming liable for any resulting loss or damage), (E) accelerate Rent as further provided in Section 24(a)(iv) below, and/or (F) have a receiver appointed to collect Rent. Tenant shall be liable immediately pay to Landlord for all costs Landlord incurs in reletting the Premisessuch reletting, including, without limitation, brokers’ commissions, attorneys’ fees, advertising costs, and expenses of remodeling the Premises required by for such reletting. Landlord shall use commercially reasonable efforts to relet the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term Premises upon any termination of this Lease. Tenant shall pay to Landlord the Rent due Lease under this Lease on Section; provided, however, Landlord shall not be obligated to provide preferential or priority treatment to reletting the dates Premises over any other premises within the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this LeaseBuilding. If Landlord elects to relet all or any portion of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from such reletting shall will be applied to the payment of: First, in the following order and priority, (1) any indebtedness from amount owed by Tenant to Landlord other than Fixed Rent due from Tenant; SecondRent, (2) all costs, including for maintenance, costs incurred by Landlord in any reletting; Third, Fixed and (3) Rent due and unpaid under this Lease. After deducting the payments applying such payments, as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from such reletting shall will be held by Landlord and applied in payment of future Rent as Rent it becomes due under this Lease. In no event shall will Tenant be entitled to any excess rent received by Landlord. IfIn reletting the Premises, on Landlord shall not be required to (u) use any greater efforts than Landlord then uses to lease other properties Landlord or its affiliates owns or manages; (v) relet the date Rent is due Premises in preference to any other space in the Building; (w) relet the Premises to any party that Landlord could reasonably reject as a transferee under any assignment or subleasing section contained in this Lease, the ; (x) accept rent received from the reletting in an amount which is less than the Rent due on that datefair market rental for the Premises; (y) perform any tenant improvements, grant any tenant improvement allowances, grant any “free rent”, or otherwise pay any sums or grant any monetary concessions in order to obtain a new tenant; or (z) observe any instruction given by Tenant shall pay to about the reletting process or accept any tenant offered by Txxxxx. Any entry or reentry by Landlord, whether had or taken under summary proceedings or otherwise, shall not absolve or discharge Tenant from liability under this Lease. “Reenter” and “re-entry” as used in addition this Lease are not restricted to their technical legal meaning. No reentry or taking possession of the remaining Premises by Landlord shall be construed as an election on Landlord’s part to accept a surrender of the Premises unless a notice of such intention is given to Tenant. Lxxxxxxx’s failure to relet the Premises after using good faith efforts or Lxxxxxxx’s failure to collect rent on reletting shall not affect Tenant’s liability under this Lease. Landlord shall not, in any event, be required to pay Tenant any surplus of any sums received by Landlord on a reletting of the Premises in excess of the Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.Lease

Continuation of Lease. Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue this the Lease in full force effect after Tenant’s breach and effect abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations). No act by Landlord (including the Lease will continue acts set forth in effect as the next sentence) terminates Tenant's right to possession unless Landlord notifies Tenant in writing that Landlord elects to terminate Tenant's right to possession. As long as Landlord does not terminate Tenant’s 's right to possession, and Landlord shall have the right may (i) continue this Lease in effect, (ii) continue to collect Rent rent when due. During due and enforce all the period other provisions of this Lease, and (iii) if Tenant is in Defaulthas abandoned the Premises, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s 's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall immediately pay to Landlord all costs Landlord incurs in such reletting, including brokers' commissions, attorneys' fees, advertising costs, and expenses of remodeling the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any Premises for such reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet all or any portion of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from such reletting shall will be applied to the payment of: First, in the following order and priority, (i) any indebtedness from Tenant to Landlord other than Fixed Basic Monthly Rent due from Tenant; Second, (ii) all costs, including for maintenance, costs incurred by Landlord in the reletting; Third, Fixed and (iii) Basic Monthly Rent (and, if applicable, percentage rent) due and unpaid under this Lease. After deducting applying the payments as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from the reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent it becomes due under this Lease. In no event shall Tenant will not be entitled to any excess rent received by Landlord. If, on the date Rent is due Landlord unless and until all obligations of Tenant under this Lease, the rent received from the reletting is less than the Rent due on that dateincluding all future obligations, Tenant shall pay to Landlord, are satisfied in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphfull.

Continuation of Lease. No act by Landlord may continue this Lease (including the acts set forth in full force and effect and the Lease will continue next sentence) terminates Tenant's right to possession unless Landlord notifies Tenant in effect as writing that Landlord elects to terminate Tenant's right to possession. As long as Landlord does not terminate Tenant’s 's right to possession, and Landlord shall have the right may (i) continue this Lease in effect, (ii) continue to collect Rent rent when due. During due and enforce all the period Tenant is in Defaultother provisions of this Lease, Landlord can (iii) enter the Premises and relet them, or any part of them, to third parties for Tenant’s 's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease, and (iv) have a receiver appointed to collect rent and conduct Tenant's business. Tenant shall immediately pay to Landlord the Rent due under this Lease on the dates the Rent is dueall actual, less the rent documented, and reasonable costs Landlord receives from any incurs to such reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease, including brokers' commissions, attorneys' fees and advertising costs. If Landlord elects to relet all or any porti on of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from such reletting shall will be applied to the payment of: First, in the following order and priority, (i) any indebtedness from Tenant to Landlord other than Fixed Basic Monthly Rent due from Tenant; Second, (ii) all costs, including for maintenance, costs incurred by Landlord in the reletting; Third, Fixed and (iii) Basic Monthly Rent then due and unpaid under this Lease. After deducting applying the payments as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from the reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent it becomes due under this Lease. In no event shall Tenant will not be entitled to any excess rent received by Landlord. If, on the date Rent is due Landlord unless and until all obligations of Tenant under this Lease, the rent received from the reletting is less than the Rent due on that dateincluding all future obligations, Tenant shall pay to Landlord, are satisfied in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphfull.

Continuation of Lease. Landlord may continue In the event Tenant breaches this Lease and abandons the Premises and Landlord does not elect to terminate this Lease by reason of such breach and abandonment, this Lease shall continue in full force and effect and the Lease will continue in effect as long as Landlord does not terminate Tenant’s right to possessioneffect, and in addition to any other rights and remedies Landlord may have, Landlord shall have all of the rights and remedies of a landlord provided by Section 1951.4 of the California Civil Code, including the right to collect Rent when recover rent as it falls due. During the period Without any obligation to Tenant is in Defaultto do so, Landlord can enter may also re-let the Premises as the agent of Tenant and relet them, or any part of them, to third parties for Tenant’s accountaccount for such term, which may extend beyond the term of this Lease, and upon such other reasonable terms and conditions as Landlord may deem appropriate. Landlord may do all things reasonably necessary for such re-letting, including repair, remodeling and renovating of the Premises, and Tenant shall be liable immediately to reimburse Landlord on demand for all reasonable costs incurred by Landlord incurs in connection therewith. In the event Landlord re-lets the Premises, Landlord shall apply any sums received upon such re-letting in the following order of priority: (1) to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord, (2) the payment of all reasonable legal expenses and other related costs incurred by Landlord following Tenant’s default, (3) to the payment of all costs incurred by Landlord in restoring the Premises to good order and repair, or in remodeling, renovating or otherwise preparing the Premises for reletting, (4) to the payment of all costs (including, without limitation, any brokerage commissions) incurred by Landlord in reletting the Premises, including, without limitation, brokers’ commissions, expenses (5) to the payment of remodeling the Premises required by the relettingrent due and unpaid hereunder, and like costs(6) the balance, if any, to the payment of future rent as the same may become due hereunder. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from Notwithstanding any reletting. No act determination by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects not to elect to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: First, any indebtedness from Tenant to Landlord other than Fixed Rent due from Tenant; Second, all costs, including for maintenance, incurred by Landlord in reletting; Third, Fixed Rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent received from the reletting is less than the Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in may at any time elect to terminate this paragraphLease for any previous breach or default hereunder by Tenant which remains uncured or for any subsequent breach or default.

Continuation of Lease. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue this Lease in full force and effect and the Lease will continue lease in effect after Tenant’s breach and abandonment and recover rent as long it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord does not terminate Tenant’s right to possessionin its sole discretion may deem advisable, and Landlord shall have with the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises make alterations and relet them, or any part of them, repairs to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling . In the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant event that Landlord elects to terminate this Lease. If so relet, rentals received by Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from such reletting shall be applied to in the following order to: (i) the payment of: First, of any indebtedness other than Base Monthly Rent due hereunder from Tenant to Landlord other than Fixed Rent due from TenantLandlord; Second, all costs, including for maintenance, incurred by Landlord in (ii) the payment of any cost of such reletting; Third, Fixed (iii) the payment of the cost of any alterations and repairs to the Premises; and (iv) the payment of Base Monthly Rent and other sums due and unpaid under this Leasehereunder. After deducting the payments referred to in this paragraphThe residual rentals, any sum remaining from the rent Landlord receives from reletting if any, shall be held by Landlord and applied in payment of future Base Monthly Rent as Rent becomes the same may become due under this Leaseand payable hereunder. Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In no the event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent portion of rentals received from such reletting which is applied to the reletting is payment of rent hereunder during any month be less than the Rent due on rent payable during that datemonth by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in addition to such reletting or in making such alterations and repairs not covered by the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent rentals received from the reletting as provided in this paragraphsuch reletting.

Continuation of Lease. Landlord may can continue this Lease in --------------------- full force and effect effect, and the Lease will continue in effect as long as Landlord does not terminate Tenant’s 's right to possession, and Landlord shall will have the right to collect Rent rent when due. During the period periods Tenant is in Defaultdefault, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s 's account. Tenant shall will be liable immediately to Landlord for all costs reasonably incurred by Landlord incurs in reletting the Premises, including, without limitation, including brokers’ ' commissions, expenses of remodeling repairing the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this the Lease. Tenant shall will pay to Landlord the Rent rent due under this Lease on the dates the Rent rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall Section will terminate this Lease unless Landlord Notifies notifies Tenant that Landlord elects to terminate this Lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, if Tenant obtains Landlord's consent, which Landlord will not unreasonably withhold, Tenant will have the right to assign or sublet its interest in this Lease, but Tenant will not be released from liability. If Landlord elects to relet the Premises premises as provided in this paragraphSection, rent that Landlord receives received from reletting shall will be applied to the payment of: Firstof first, any indebtedness from Tenant to Landlord other than Fixed Rent rent due from Tenant; Secondsecond, all costs, including for maintenancemaintenance other than reasonable wear and tear, incurred by Landlord in reletting; Thirdand third, Fixed Rent rent due and unpaid under this the Lease. After deducting the payments referred to in this paragraphSection, any sum remaining from the rent Landlord receives from reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent rent becomes due under this Lease. In no event shall will Tenant be entitled to any excess rent received by Landlord. If, on the date Rent rent is due under this Lease, the rent received from the reletting is less than the Rent rent due on that date, Tenant shall will pay to Landlord, in addition to the remaining Rent rent due, all costs, including for maintenancemaintenance other than reasonable wear and tear, Landlord incurred in reletting that which remain unpaid after applying the rent received from the reletting as provided in this paragraphreletting.

Continuation of Lease. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue this Lease in full force and effect and the Lease will continue lease in effect after Tenant’s breach and abandonment and recover rent as long it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord does not terminate Tenant’s right to possessionin its sole discretion may deem advisable, and Landlord shall have with the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises make alterations and relet them, or any part of them, repairs to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling . In the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant event that Landlord elects to terminate this Lease. If so relet, rentals received by Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from such reletting shall be applied to in the following order to: (i) the payment of: First, of any indebtedness other than Base Monthly Rent due hereunder from Tenant to Landlord other than Fixed Rent due from TenantLandlord; Second, all costs, including for maintenance, incurred by Landlord in (ii) the payment of any cost of such reletting; Third, Fixed (iii) the payment of the cost of any alterations and repairs to the Premises; and (iv) the payment of Base Monthly Rent and other sums due and unpaid under this Leasehereunder. After deducting the payments referred to in this paragraphThe residual rentals, any sum remaining from the rent Landlord receives from reletting if any, shall be held by Landlord and applied in payment of future Base Monthly Rent as Rent becomes the same may become due under this Leaseand payable hereunder. Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In no the event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent portion of rentals received from such reletting which is applied to the reletting is payment of rent hereunder during any month be less than the Rent due on rent payable during that datemonth by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in addition to such reletting or in making such alterations and repairs not covered by the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent rentals received from the reletting as provided in this paragraphsuch reletting.

Continuation of Lease. Landlord may can continue this Lease in full force and effect and the Lease will continue in effect as long as Landlord does not terminate without terminating Tenant’s 's right to of possession, and Landlord shall have the right to collect Rent rent and other monetary charges when due. During Landlord may do all acts necessary to maintain or preserve the period Tenant is Premises, as Landlord deems reasonable and necessary, including removal of personal property from the Premises and storage of the same in Default, a public warehouse at Tenant's expense and risk. Landlord can shall have the right to enter the Premises and relet re-let them, or any part of themthereof, to third parties for Tenant’s 's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act Any rents received by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from such reletting shall be applied to the payment of: First(i) first, any indebtedness other than rent due hereunder from Tenant to Landlord other than Fixed Rent due from TenantLandlord; Second(ii) second, all costs, including for maintenance, incurred by Landlord in the costs of such reletting; Third(iii) third, Fixed Rent the cost of any alterations and repairs to the Premises; and (iv) fourth, the payment of rent due and unpaid under this Leasehereunder. After deducting the payments referred to in this paragraphThe residue, any sum remaining from the rent Landlord receives from reletting if any, shall be held by Landlord and applied in payment of future Rent amounts as Rent becomes the same may become due under this Leaseand payable hereunder. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, If the rent received from the such reletting during any month is less than the Rent due on rent payable during that datemonth by Tenant hereunder, then Tenant shall pay such deficiency to Landlord, in addition Landlord immediately upon demand. Such deficiency shall be calculated and paid monthly. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 18.2(b) shall be construed as an election to terminate this Lease unless a written notice of termination is given by Landlord to Tenant or unless the remaining Rent due, all costs, including for maintenancetermination is decreed by a court of competent jurisdiction. At any time after such reletting without termination, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in may elect to terminate this paragraphLease.

Continuation of Lease. Landlord may continue this Lease in full force and effect and the Lease will continue in effect as long as Landlord does not terminate Tenant’s right to possession, and Landlord shall have the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: First, any indebtedness from Tenant to Landlord other than Fixed Base Rent due from Tenant; reletting; Second, all costs, including for maintenance, incurred by Landlord in reletting; Third, Fixed Base Rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord Xxxxxxxx and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent received from the reletting is less than the Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Continuation of Lease. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue to keep this Lease in full force effect after Tenant’s breach and effect abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all rental as it becomes due or relet the Lease will continue in effect as long Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord does not terminate Tenant’s right to possessionin its sole discretion may deem advisable, and Landlord shall have with the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises make alterations and relet them, or any part of them, repairs to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling . In the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant event that Landlord elects to terminate this Lease. If so relet, rentals received by Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from such reletting shall be applied to in the following order to: (i) the payment of: First, of any indebtedness other than Base Monthly Rent due hereunder from Tenant to Landlord other than Fixed Rent due from TenantLandlord; Second, all costs, including for maintenance, incurred by Landlord in (ii) the payment of any cost of such reletting; Third, Fixed (iii) the payment of the cost of any alterations and repairs to the Premises; and (iv) the payment of Base Monthly Rent and other sums due and unpaid under this Leasehereunder. After deducting the payments referred to in this paragraphThe residual rentals, any sum remaining from the rent Landlord receives from reletting if any, shall be held by Landlord and applied in payment of future Base Monthly Rent as Rent becomes the same may become due under this Leaseand payable hereunder. Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Premises. In no the event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent portion of rentals received from such reletting which is applied to the reletting is payment of rent hereunder during any month be less than the Rent due on rent payable during that datemonth by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in addition to such reletting or in making such alterations and repairs not covered by the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent rentals received from the reletting as provided in this paragraphsuch reletting.

Continuation of Lease. Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue this the Lease in full force effect after Tenant's breach and effect abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations). No act by Landlord (including the Lease will continue acts set forth in effect as the next sentence) terminates Tenant's right to possession unless Landlord notifies Tenant in writing that Landlord elects to terminate Tenant's right to possession. As long as Landlord does not terminate Tenant’s 's right to possession, and Landlord shall have the right may (i) continue this Lease in effect, (ii) continue to collect Rent rent when due. During due and enforce all the period other provisions of this Lease, and (iii) if Tenant is in Defaulthas abandoned the Premises, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s 's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall immediately pay to Landlord all costs Landlord incurs in such reletting, including brokers' commissions, attorneys' fees, advertising costs, and expenses of remodeling the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any Premises for such reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet all or any portion of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from such reletting shall will be applied to the payment of: First, in the following order and priority, (i) any indebtedness from Tenant to Landlord other than Fixed Basic Monthly Rent due from Tenant; Second, (ii) all costs, including for maintenance, costs incurred by Landlord in the reletting; Third, Fixed and (iii) Basic Monthly Rent (and, if applicable, percentage rent) due and unpaid under this Lease. After deducting applying the payments as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from the reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent it becomes due under this Lease. In no event shall Tenant will not be entitled to any excess rent received by Landlord. If, on the date Rent is due Landlord unless and until all obligations of Tenant under this Lease, the rent received from the reletting is less than the Rent due on that dateincluding all future obligations, Tenant shall pay to Landlord, are satisfied in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphfull.

Continuation of Lease. Landlord may continue this Lease in full force and effect and the Lease will continue in effect as long as Landlord does not terminate Tenant’s right to possession, and Landlord shall have the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: First, any indebtedness from Tenant to Landlord other than Fixed Base Rent due from Tenant; reletting; Second, all costs, including for maintenance, incurred by Landlord in reletting; Third, Fixed Base Rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent received from the reletting is less than the Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Continuation of Lease. Xxxxxxxx has the remedy described in California Civil Code Section 1951.4 (Landlord may continue this the Lease in full force effect after Xxxxxx’s breach and effect abandonment and recover rent as it becomes due, if Xxxxxx has right to sublet or assign, subject only to reasonable limitations). No act by Xxxxxxxx (including the Lease will continue acts set forth in effect as the next sentence) terminates Xxxxxx's right to possession unless Landlord notifies Tenant in writing that Landlord elects to terminate Xxxxxx's right to possession. As long as Landlord does not terminate Tenant’s Xxxxxx's right to possession, and Landlord shall have the right may (i) continue this Lease in effect, (ii) continue to collect Rent rent when due. During due and enforce all the period other provisions of this Lease, and (iii) if Tenant is in Defaulthas abandoned the Premises, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s 's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall immediately pay to Landlord all costs Landlord incurs in such reletting, including brokers' commissions, attorneys' fees, advertising costs, and expenses of remodeling the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any Premises for such reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet all or any portion of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from such reletting shall will be applied to the payment of: First, in the following order and priority, (i) any indebtedness from Tenant to Landlord other than Fixed Basic Monthly Rent due from Tenant; Second, (ii) all costs, including for maintenance, costs incurred by Landlord in the reletting; Third, Fixed and (iii) Basic Monthly Rent (and, if applicable, percentage rent) due and unpaid under this Lease. After deducting applying the payments as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from the reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent it becomes due under this Lease. In no event shall Tenant will not be entitled to any excess rent received by Landlord. If, on the date Rent is due Landlord unless and until all obligations of Tenant under this Lease, the rent received from the reletting is less than the Rent due on that dateincluding all future obligations, Tenant shall pay to Landlord, are satisfied in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphfull.

Continuation of Lease. No act by Landlord may continue this Lease (including the acts set forth in full force and effect and the Lease will continue next sentence) terminates Tenant’s right to possession unless Landlord notifies Tenant in effect as writing that Landlord elects to terminate Tenant’s right to possession. As long as Landlord does not terminate Tenant’s right to possession, and Landlord shall have the right may (i) continue this Lease in effect, (ii) continue to collect Rent rent when due. During due and enforce all the period other provisions of this Lease, (iii) if Tenant is in Defaulthas vacated the Premises, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease, and (iv) have a receiver appointed to collect rent on behalf of Tenant. Tenant shall immediately pay to Landlord all costs Landlord incurs in such reletting, including brokers’ commissions, attorneys’ fees, advertising costs, and expenses of remodeling the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any Premises for such reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet all or any portion of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from such reletting shall will be applied to the payment of: First, in the following order and priority, (i) any indebtedness from Tenant to Landlord other than Fixed Basic Monthly Rent due from Tenant; Second, (ii) all costs, including for maintenance, costs incurred by Landlord in the reletting; Third, Fixed and (iii) Basic Monthly Rent due and unpaid under this Lease. After deducting applying the payments as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from the reletting shall will be held by Landlord and applied in payment of future Rent rent as Rent it becomes due under this Lease. In no event shall Tenant will not be entitled to any excess rent received by Landlord. If, on the date Rent is due Landlord unless and until all obligations of Tenant under this Lease, the rent received from the reletting is less than the Rent due on that dateincluding all future obligations, Tenant shall pay to Landlord, are satisfied in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphfull.

Continuation of Lease. No act by Landlord may continue this Lease (including without limitation the acts set forth in full force and effect and the Lease succeeding sentence) will continue terminate Tenant's right to possession unless Landlord notifies Tenant in effect as writing that Landlord elects to terminate Tenant's right to possession. As long as Landlord does not terminate Tenant’s 's right to possession, and Landlord shall have the right may (i) continue this Lease in effect, (ii) continue to collect Rent Rental when due. During due and enforce all the period Tenant is in Defaultother provisions of this Lease (including bringing suit from time to time for amounts unpaid), Landlord can (iii) enter the Premises and relet them, or any part of them, to third parties for Tenant’s 's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term Term of this Lease, and/or (iv) have a receiver appointed to collect Rental and conduct Tenant's business. Tenant shall immediately pay to Landlord all costs Landlord incurs in such reletting, including, without limitation, brokers' commissions, attorneys' fees, advertising costs, and expenses of remodeling the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from any Premises for such reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet all or any portion of the Premises as provided in this paragraphpermitted above, rent that Landlord receives from such reletting shall will be applied to the payment of: First, in the following order and priority, (i) any indebtedness from amount owed by Tenant to Landlord other than Fixed Rent due from Tenant; SecondBase Monthly Rent, (ii) all costs, including for maintenance, costs incurred by Landlord in any reletting; Third, Fixed and (iii) Base Monthly Rent due and unpaid under this Lease. After deducting the payments applying such payments, as referred to in this paragraphabove, any sum remaining from the rent Landlord receives from such reletting shall will be held by Landlord and applied in payment of future Base Monthly Rent as Rent it becomes due under this Lease. In no event shall will Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due Landlord unless and until all obligations of Tenant under this Lease, the rent received from the reletting is less than the Rent due on that dateincluding all future obligations, Tenant shall pay to Landlord, are satisfied in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphfull.

Continuation of Lease. Landlord may continue this Lease in full force and effect and the Lease will continue in effect as long as Landlord does not terminate Tenant’s Xxxxxx's right to possession, and Landlord shall have the right to collect Rent rent when due. During the period Tenant is in Defaultdefault, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s 's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers’ ' commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent rent due under this Lease on the dates the Rent rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: First, any indebtedness from Tenant to Landlord other than Fixed Rent due from Tenant; Second, all costs, including for maintenance, incurred by Landlord in reletting; Third, Fixed Rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent received from the reletting is less than the Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Continuation of Lease. Landlord may continue So long as any Leasehold Mortgagee is complying with Sections 17.5.1, 17.5.2 and 17.5.3 above, then upon the acquisition of Tenant’s Leasehold Estate by a Leasehold Foreclosure Transferee, this Lease shall continue in full force and effect as if Tenant had not defaulted under this Lease. 17.6.1. Tenant’s encumbrance of its Leasehold Estate with a Leasehold Mortgage shall not constitute an assignment or other Transfer under Article X or otherwise, nor shall any Leasehold Mortgagee, as such, be deemed to be an assignee or transferee of this Lease or of the Leasehold Estate so as to require such Leasehold Mortgagee, as such, to assume the performance of any of the terms, covenants or conditions on the part of the Tenant to be performed hereunder; provided, however, that any Leasehold Foreclosure Transferee shall be deemed to be an assignee or transferee and shall be deemed to have agreed to perform all of the Lease will continue in effect as terms, covenants and conditions on the part of the Tenant to be performed hereunder from and after the effective date on which such Leasehold Foreclosure Transferee acquires title to the Leasehold Estate, but only for so long as Landlord does not terminate such purchaser or assignee is the owner of the leasehold estate. 17.6.2. Any Leasehold Mortgagee (or its designee) that becomes a Leasehold Foreclosure Transferee, upon acquiring title to Tenant’s right to possession, and Landlord shall have the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, includingLeasehold Estate, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for causing a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due default under this Lease and without obtaining County’s consent, shall have a one-time right to assign the Leasehold Estate to an assignee having a net worth equal to or greater than two (2) times the value of the leasehold estate created by this Lease and senior management that individually have more than ten (10) years of experience managing, maintaining and operating developments like that on the dates Premises. Upon such assignment, the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph Leasehold Foreclosure Transferee shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall automatically be applied to the payment of: First, any indebtedness from Tenant to Landlord other than Fixed Rent due from Tenant; Second, released of all costs, including for maintenance, incurred by Landlord in reletting; Third, Fixed Rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due obligations thereafter accruing under this Lease, provided that, substantially concurrently with such assignment, the rent received from assignee delivers to County a written agreement assuming Tenant’s obligations under the reletting is less than Lease thereafter accruing. Any subsequent Transfers occurring after the Rent due on that date, Tenant one-time assignment permitted under this Section shall pay be subject to Landlord, in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.Article X.

Continuation of Lease. Landlord may continue In the event Tenant breaches this Lease and abandons the Premises and Landlord does not elect to terminate this Lease by reason of such breach and abandonment, this Lease shall continue in full force and effect and the Lease will continue in effect as long as Landlord does not terminate Tenant’s right to possessioneffect, and in addition to any other rights and remedies Landlord may have, Landlord shall have all of the rights and remedies of a landlord provided by Section 1951.4 of the California Civil Code, including the right to collect Rent when recover rent as it falls due. During the period Without any obligation to Tenant is in Defaultto do so, Landlord can enter may also re-let the Premises as the agent of Tenant and relet themfor Tenant's account for such term, which may extend beyond the term of this Lease, and upon such other reasonable terms and conditions as Landlord may deem appropriate. Landlord may do all things reasonably necessary for such re-letting, including repair, remodeling and renovating of the Premises, and Tenant shall reimburse Landlord on demand for all reasonable costs incurred by Landlord in connection therewith. In the event Landlord re-lets the Premises, Landlord shall apply any sums received upon such re-letting in the following order of priority: (1) to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord, (2) the payment of all reasonable legal expenses and other related costs incurred by Landlord following Tenant's default, (3) to the payment of all costs incurred by Landlord in restoring the Premises to good order and repair, or any part in remodeling, renovating or otherwise preparing the Premises for reletting, (4) to the payment of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs (including, without limitation, any brokerage commissions) incurred by Landlord incurs in reletting the Premises, including, without limitation, brokers’ commissions, expenses (5) to the payment of remodeling the Premises required by the relettingrent due and unpaid hereunder, and like costs(6) the balance, if any, to the payment of future rent as the same may become due hereunder. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the dates the Rent is due, less the rent Landlord receives from Notwithstanding any reletting. No act determination by Landlord allowed by this paragraph shall terminate this Lease unless Landlord Notifies Tenant that Landlord elects not to elect to terminate this Lease. If Landlord elects to relet the Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: First, any indebtedness from Tenant to Landlord other than Fixed Rent due from Tenant; Second, all costs, including for maintenance, incurred by Landlord in reletting; Third, Fixed Rent due and unpaid under this Lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date Rent is due under this Lease, the rent received from the reletting is less than the Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining Rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in may at any time elect to terminate this paragraphLease for any previous breach or default hereunder by Tenant which remains uncured or for any subsequent breach or default.