Common use of Continuing Liability After Termination Clause in Contracts

Continuing Liability After Termination. Upon termination of this Lease, Landlord shall have the right to recover from Tenant: (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, at the time of award Plus one percent (1%).

Continuing Liability After Termination. Upon If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Basic Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all Landlord's expenses in connection with such reletting, including, but without limitation, the expenses enumerated in section 25.03. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Basic Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Basic Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord will be entitled to recover against Tenant, as damages for loss of the bargain and not as a penalty, an aggregate rent which, at the time of such termination of this Lease, Landlord shall have represents the right to recover from Tenant: (a) The worth at the time of award excess of the unpaid aggregate of Monthly Base Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount and all other Rent payable by which the unpaid Rent Tenant that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent accrued for the balance of the of the Term over the aggregate rental value of the Premises (such rental value to be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease (had Lease) for the same not been so terminated by Landlord) after the time of award exceeds the amount balance of such rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary Term, both discounted to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth present value at the time lesser of award" of the amounts referred to in clauses eight (a8%) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at percent or the discount rate of the New York Federal Reserve Bank on the date of San Francisco, at the time Event of award Plus one percent (1%)Default.

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord’s expenses in connection with such re-letting, including, but without limitation, the expenses enumerated in Section 26.3, above. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for losses of the bargain and not as a penalty: (ai) The the worth at the time of award of the unpaid Rent that which had been earned at the time of termination; (bii) The the worth at the time of award of the amount by which the unpaid Rent that which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (ciii) The the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been ben so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; andavoided or, (div) Any any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. “The "worth at the time of award" ” of the amounts referred to in clauses (ai) and (b) above ii), above, is computed by adding interest at the per annum interest rate described in Section 27.21 28.21, below, on the date on which this Lease is terminated from the date of termination until the time of the award. “The "worth at the time of award" ” of the amount referred to in clause (c) above iii), above, is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, Denver at the time of award Plus plus one percent (1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to the Rent and other amounts that would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord reasonable expenses in connection with such reletting, including without limitation the expenses enumerated in Section 15.4. Landlord will be entitled to collect such damages from Tenant monthly, as accrued, on the day on which Minimum Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Minimum Rent and other amounts from Tenant on each such day, in the monthly or other installments or payments which would have been payable under this Lease had this Lease not been terminated, net of proceeds of reletting as aforesaid. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenant:against Tenant as damages for loss of the bargain and not as a penalty, (ai) The the worth at the time of award of the unpaid Rent that had been earned at to the time of termination;; plus (bii) The the worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount fair market rental value of the Premises for such rental loss that Tenant proves could have been reasonably avoided;period; plus (ciii) The the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount fair market rental value of the Premises for such rental loss that Tenant proves could be reasonably avoidedperiod; andplus (div) Any other amount necessary to reasonably compensate Landlord for all the detriment proximately caused by damages attributable to Tenant's ’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do soLease. The "“worth at the time of award" ” of the amounts referred to in clauses (ai) and (bii) above is computed by adding interest at the per annum interest rate described in Section 27.21 Lease Interest Rate on the date on which this Lease is terminated from the date of termination until the time of the award. The "“worth at the time of award" ” of the amount referred to in clause (ciii) above is computed by discounting such amount to present value at the discount rate of the Federal Reserve Bank of San FranciscoNew York, New York, at the time of award Plus one percent (1%)the award.

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such re-letting, including, without limitation, the expenses enumerated in Section 24.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that which had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 Prime Rate on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" award of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoKansas City, Missouri, at the time of award Plus one percent (plus 1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an event of default, Tenant will remain liable to Landlord for damages in an amount equal to the Rent and other amounts that would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of landlord's expenses in connection with such reletting, including without limitation the expenses enumerated in Section 25.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoNew York, New York, at the time of award Plus one percent (plus 1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an event of default, Tenant will remain liable to Landlord for damages in an amount equal to the Rent and other amounts that would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including without limitation the expenses enumerated in Section 25.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoNew York, New York, at the time of award Plus one percent (plus 1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an event of default, Tenant will remain liable to Landlord for damages in an amount equal to the Rent and other amounts that would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including without limitation the expenses enumerated in Section 25.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations obligation under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, at the time of award Plus one percent (1%).by

Continuing Liability After Termination. Upon If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Base Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all Landlord's expenses in connection with such reletting, including, but without limitation, the expenses enumerated in Section 25.03. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Base Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Base Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord will be entitled to recover against Tenant, as damages for loss of the bargain and not as a penalty, an aggregate Rent which, at the time of such termination of this Lease, Landlord shall have represents the right to recover from Tenant: (a) The worth at the time of award excess of the unpaid aggregate of Monthly Base Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount and all other Rent payable by which the unpaid Rent Tenant that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent accrued for the balance of the Term over the aggregate rental value of the Premises (such rental value to be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease (had Lease) for the same not been so terminated by Landlord) after the time of award exceeds the amount balance of such rental loss that Tenant proves could be reasonably avoided; and term, both discounted to present value at six (d6%) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The percent."worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, at the time of award Plus one percent (1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated pursuant to the provisions of Section 25.2.1, Tenant shall remain liable to Landlord for damages in an amount equal to Base Rent, Additional Rent and other amounts which would have been owing by Tenant for the balance of the Term had this LeaseLease not been terminated, less the Reletting Net Proceeds, if any. Landlord shall be entitled to collect such damages from Tenant monthly on the day on which Base Rent and other amounts would have been payable under this Lease if the Lease had not been terminated. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right be entitled to recover from Tenantagainst Tenant as damages for loss of bargain, and not as a penalty the following amounts: (a) The the worth at the time of the award of the unpaid Base Rent and Additional Rent that had been earned at the time of termination; (b) The the worth at the time of the award of the amount by which the unpaid Base Rent and Additional Rent that would have been earned after termination until the time of the award exceeds the amount of such rental the Base Rent and Additional Rent loss that Tenant Xxxxxx proves could reasonably have been reasonably avoided;; and (c) The the worth at the time of the award of the amount by which the unpaid Base Rent and Additional Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental Base Rent and Additional Rent loss that Tenant Xxxxxx proves could reasonably be reasonably avoided; and (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "“worth at the time of the award" ” of the amounts amount referred to in clauses (aA) and (bB) above is computed by adding allowing annual interest at the per annum interest prime rate described in Section 27.21 on as published by the date on which this Lease is terminated from Wall Street Journal, or any successor thereto selected by Landlord (the date of termination until “Prime Rate”) plus 2%. The “worth at the time of the award. The "worth at the time of award" ” of the amount referred to in clause (cC) above is shall be computed by discounting such amount to present worth at a discount rate equal to the percentage point above the discount rate of then in effect at the Federal Reserve Bank nearest to the location of San Franciscothe Building. Notwithstanding anything to the contrary set forth in this Lease, at Landlord shall have the time obligation to mitigate its damages in connection with any Event of award Plus one percent (1%)Default.

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrences of an event of default, Tenant will remain liable to Landlord for damages in an amount equal to the Rent and other amounts that would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including without limitation the expenses in Section 25.3. Landlord will be enticed to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease 128 is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that had bad been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoNew York, New York, at the time of award Plus one percent (plus 1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to monthly Rent and other amounts that would have been owing by Tenant for the balance of the term had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including, without limitation, the expenses enumerated in Section 24.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenant: against Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; ; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; ; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, at the time of award Plus one percent (1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including, without limitation, the expenses enumerated in Section 25.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that which had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" award of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoKansas City, Missouri, at the time of award Plus one percent (plus 1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an event of default, Tenant will remain liable to Landlord for damages in an amount equal to Rent and other amounts that would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including without limitation the expenses enumerated in Section 24.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination;; Landlord Initials _____ Tenant Initials _____ (b) The worth at the time of award of the amount by which the unpaid Rent rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses Section 24.4 (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 29.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (cSection 24.2(c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoAtlanta, Georgia, at the time of award Plus plus one percent (1%)) percent.

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an event of default, tenant will remain liable to landlord for damages in an amount equal to monthly rent and other amounts that would have been owing by tenant for the balance of the term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the premises by landlord subsequent to such termination, after deducting all of landlord's expenses in connection with such reletting, including without limitation the expenses enumerated in Section 25.3. Landlord shall will be entitled to collect such damages from tenant monthly on the day on which monthly rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and landlord will be entitled to receive such monthly rent and other amounts from tenant on each such day. Alternatively, at the right option of landlord, if this Lease is so terminated, landlord will be entitled to recover from Tenanttenant as damages and not as a penalty: (a) The worth at the time of award of the unpaid Rent rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term term of this Lease (had the same not been so terminated by Landlordlandlord) after the time of award exceeds the amount of such rental loss that Tenant tenant proves could be reasonably avoided; and: (dc) Any other amount necessary to compensate Landlord landlord for all the detriment proximately caused by Tenanttenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses clause (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 26.18 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (cb) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, at the time of award Plus one percent (112%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an event of default. Tenant will remain liable to Landlord for damages in an amount equal to monthly rent and other amounts that would have been owing by Tenant for the balance of the term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including without limitation the expenses enumerated in Section 25.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which monthly rent and other amounts would have been payable under this Lease if this Lease had not been terminated and Landlord will be entitled to receive such monthly rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss 01 the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves prove could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the rate of 15 percent per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, at the time of award Plus one percent (1%)plus 1 percent.

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an event of default, Tenant will remain liable to Landlord for damages in an amount equal to Rent and other amounts that would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including without limitation the expenses enumerated in Section 25.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 29.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoChase Manhattan Bank, at the time of award Plus one percent (plus 1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to monthly rent and other amounts that would have been owing by Tenant for the balance of the term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including without limitation the expenses enumerated in Section 17.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which monthly rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such monthly rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;. (c) The the worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the interest rate of 15D percent per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination Termination Date until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, at the time of award Plus one percent (1%)plus 1 percent.

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including, but without limitation, the expenses enumerated in Section 26.3, above. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for losses of the bargain and not as a penalty: (ai) The the worth at the time of award of the unpaid Rent that which had been earned at the time of termination; (bii) The the worth at the time of award of the amount by which the unpaid Rent that which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (ciii) The the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been ben so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; andavoided or, (div) Any any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. "The "worth at the time of award" of the amounts referred to in clauses (ai) and (b) above ii), above, is computed by adding interest at the per annum interest rate described in Section 27.21 28.21, below, on the date on which this Lease is terminated from the date of termination until the time of the award. "The "worth at the time of award" of the amount referred to in clause (c) above iii), above, is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, Denver at the time of award Plus plus one percent (1%).

Continuing Liability After Termination. Upon If this Lease is terminated on account of the occurrence of an Event of Default, Tenant shall remain liable to Landlord for damages in an amount equal to Base Monthly Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Leased Premises by Landlord subsequent to such termination, after deducting all Landlords expenses in connection with such reletting, including, without limitation, the expenses enumerated in Section 25.04. Landlord shall be entitled to collect such damages from Tenant monthly on the day on which Base Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord shall be entitled to receive such Base Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall be entitled to recover against Tenant as aggregate damages an amount which, at the time of such termination of this Lease, Landlord shall have represents the right to recover from Tenant: (a) The worth at the time of award excess of the unpaid aggregate of Base Monthly Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount and all other Rent payable by which the unpaid Rent Tenant that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent accrued for the balance of the Term over the aggregate rental value of the Leased Premises (such rental value to be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Leased Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease (had Lease) for the same not been so terminated by Landlord) after the time of award exceeds the amount balance of such rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary term, both discounted to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth present value at the time lesser of award" of the amounts referred to in clauses eight percent (a8%) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at or the discount rate of the New York Federal Reserve Bank on the date of San Francisco, at the time Event of award Plus one percent (1%)Default.

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an event of default, Tenant will remain liable to Landlord for damages in an amount equal to the Rent and other amounts that would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's reasonable expenses in connection with such reletting, including without limitation the expenses enumerated in Section 25.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoNew York, New York, at the time of award Plus one percent (plus 1%).

Continuing Liability After Termination. Upon termination If this Lease is terminate on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to monthly Rent and other amounts that would have been owing by Tenant for the balance of the term had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including, without limitation, the expenses enumerated in Section 24.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenant:against Tenant as damages for loss of the bargain and not as penalty. (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;: (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which or, in the ordinary course of things would be business, likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth Worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the interest rate of ten percent (10%) per annum interest rate described in Section 27.21 on the termination date on which this Lease is terminated from the termination date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoSeattle, Washington, at the time of award Plus plus one percent (1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to monthly Rent and other amounts that would have been owing by Tenant for the balance of the term had this LeaseLease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including, without limitation, the expenses enumerated in Section 24.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenant:against Tenant as damages for loss of the bargain and not as penalty. (a) The worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which or, in the ordinary course of things would be business, likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth Worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the interest rate of ten percent (l0%) per annum interest rate described in Section 27.21 on the termination date on which this Lease is terminated from the termination date of termination until the time of the award. The "worth at the time of award" of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoSeattle, Washington, at the time of award Plus plus one percent (1%).

Continuing Liability After Termination. Upon termination If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Minimum Rent, Additional Rent, and other amounts which would have been owing by Tenant for the balance of the Term, had this LeaseLease not been terminated, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such re-letting, including, without limitation, the expenses enumerated in Section 18.2. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Minimum Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Minimum Rent, Additional Rent, and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord shall have the right will be entitled to recover from Tenantagainst Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid Rent that which had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid Rent that which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and; (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation all reasonable legal expenses, remodeling costs and brokerage commissions in reletting the Premises or attempting to do so. The "worth at the time of award" of the amounts referred to in clauses (a) and (b) above is computed by adding interest at the per annum interest rate described in Section 27.21 Prime Rate on the date on which this Lease is terminated from the date of termination until the time of the award. The "worth at the time of award" award of the amount referred to in clause (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San FranciscoDenver, Colorado, at the time of award Plus one percent (plus 1%).