Common use of Damages Upon Termination Clause in Contracts

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; Property, (2) in cleaning and making repairs and alterations to the Premises Property reasonably necessary to return the Premises Property to good condition for the use permitted by this Lease and otherwise to prepare the Premises Property for reletting;(3reletting, (3) in removing all persons and personal property from the Premises Property and transporting and storing any of Tenant's personal property left at the PremisesProperty, although Landlord shall have no obligation to remove, transport, or store any of such personal property; , and (4) in reletting the Premises Property for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; Property, (2) in cleaning and making repairs and alterations to the Premises Property reasonably necessary to return the Premises Property to good condition for the use permitted by this Lease and otherwise to prepare the Premises Property for reletting;(3reletting, (3) in removing all persons and personal property from the Premises Property and transporting and storing any of Tenant's personal property left at the PremisesProperty, although Landlord shall have no obligation to remove, transport, or store any of such personal property; , and (4) in reletting the Premises Property for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Paragraph 26.B.(2) hereof, Landlord shall have all the rights and remedies of a Landlord provided by Section 1951.2 of the Civil Code of the State of California, or successor code sections. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i1) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus , (ii2) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus , (iii3) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term term after the time of award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could be reasonably avoided; plus , and (iv4) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease the lease or which, in the ordinary course of things, would be likely to result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i1) and (ii2) above shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii3) above shall be computed by discounting such amount at the discount rate Federal Discount Rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 19.02(b) hereof, Landlord shall have all the rights and remedies of a landlord provided by Section 1951.2 of the Civil Code of the State of California, or successor code section. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable lawApplicable Laws, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term term after the time of award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefromtherefrom including, including without limitation, attorneys' fees and costs; brokers' commissions; the costs of refurbishment, alterations, renovations and expenses (including brokerage commissions repair of the Premises, as well as the unamortized value of free rent, reduced rent, tenant improvement allowance amounts and advertising costs) any other economic concessions provided, paid for or incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in subsections (i) and (ii) shall be computed with interest at the maximum rate allowed by lawInterest Rate. The "worth at the time of award" of the amount referred to in subsection (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award award, plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A aboveLease, Landlord shall have all rights and remedies available at equity or under applicable Laws. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable lawLaws, Landlord shall be entitled to recover from Tenant: (ia) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (iib) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iiic) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could be reasonably avoided; plus and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's Tenant’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom, therefrom including without limitation, but not limited to the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking expense of recovering possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any , renovation or alteration of Tenant's personal property left at the Premises, although Landlord shall have no obligation to removeand other costs of reletting, transportLandlord’s legal fees, or store any of such personal property; brokerage commissions and tenant improvements costs and allowances paid in connection with this Lease (4) in reletting all prorated over the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California lawremaining Term. The "“worth at the time of award" ” of the amounts referred to in (ia) and (iib) shall be computed with interest at the maximum rate allowed by lawDefault Rate. The "“worth at the time of award" ” of the amount referred to in (iiic) shall be computed by discounting such amount at reference to competent appraisal evidence and using the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 6.02(a) hereof, Landlord shall have all the rights and remedies of a landlord in law or in equity. Upon such termination, in addition to any other rights and remedies to which it of a Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount rental value of such rent loss that Tenant proves reasonably could be avoidedthe Leased Premises for the balance of the Term, taking into account reasonable projections of vacancy and the time required to re-lease the Leased Premises of at least six months; plus and (iv) any other amount necessary to compensate Landlord for all the detriment damages proximately caused by Xxxxxx's Tenant’s failure to perform its obligations under this Lease; provided that Tenant shall not be liable for consequential damages (which term shall not be construed to apply to damage remedies expressly set forth in this Article 6 or Section 8.02). Tenant further covenants, as an additional cumulative obligation after any such termination, to punctually pay to Landlord all sums and perform all obligations which Tenant covenants in this Lease or whichto pay and to perform, as if this Lease had not been terminated. In calculating the amounts to be paid by Tenant pursuant to this Section 6.03, Tenant shall be credited with any amount paid to Landlord pursuant to this Section 6.03 and also (in respect of the ordinary course amounts referred to in (i) and (ii)) the net proceeds of thingsrent obtained by Landlord by reletting the Leased Premises through the time of award, would likely result therefromafter deducting all Landlord’s expenses in connection with such reletting, including including, without limitation, the costs all repossession costs, brokerage commissions, fees for legal services and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating of preparing the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Leased Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion reasonable judgment considers advisable or necessary to relet the same, it being agreed by Tenant that Landlord may deem advisable; plus (vx) such other amounts in addition to relet the Leased Premises or in lieu any part thereof for a term or terms which may at Landlord’s option be equal or less than or exceed the period which would otherwise have constituted the balance of the Term and may grant such concessions and free rent as Landlord in its reasonable judgment considers advisable or necessary to relet the same and (y) make such alterations, repairs and decorations in the Leased Premises as Landlord in its reasonable judgment considers advisable or necessary to relet the same, and no action of Landlord in accordance with the foregoing or failure to relet or collect rent under Landlord’s reletting of the Leased Premises shall operate or be construed to release or reduce Tenant’s liability as may aforesaid. Any obligation imposed by law upon Landlord to relet the Leased Premises shall be permitted from time subject to time under California lawLandlord’s right to lease the Leased Premises or any part thereof to high quality tenants, to develop the Building in a harmonious manner with an appropriate mix of uses, tenants, floor areas and terms of tenancies, and the like, and to first lease otherwise available space in the Building to prospective tenants, and Landlord shall not be required to lease any space at a rate or on other terms inconsistent with its marketing or leasing plan for the Building or to any party that Landlord determines is not of sound financial condition or is otherwise not in keeping with the first class image of the Building. The "“time of award” shall refer to such time as (I) Tenant shall, as a settlement of the amounts due pursuant to this Section 6.03, pay to Landlord such sums pursuant to a written agreement in form and substance satisfactory to Landlord, or (II) the date on which a judgment shall be entered in a court of competent jurisdiction to the effect that Tenant shall pay Landlord the amounts due and owing pursuant to this Section 6.03. The “worth at the time of award" ” of the amounts referred to in (i) and (ii) shall be computed mean such amounts together with interest at twelve percent (12%) per annum (or, if greater, the prime rate of interest from time to time published in the Wall Street Journal plus four percent per annum), provided that in no event shall such interest rate exceed the maximum rate allowed by law. The "“worth at the time of award" ” of the amount referred to in (iii) shall be mean such amounts as computed by discounting such amount at reference to competent appraisal evidence or the discount rate of formula prescribed by and using the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%)Discount Rate.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 6.02(a) hereof, Landlord shall have all the rights and remedies of a landlord in law or in equity. Upon such termination, in addition to any other rights and remedies to which it of a Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount rental value of such rent loss that Tenant proves reasonably could be avoidedthe Leased Premises for the balance of the Term, taking into account reasonable projections of vacancy and the time required to re-lease the Leased Premises of at least six months; plus and (iv) any other amount necessary to compensate Landlord for all the detriment damages proximately caused by Xxxxxx's Tenant’s failure to perform its obligations under this Lease, provided that Tenant shall not be liable for consequential damages (which term shall not be construed to apply to damage remedies expressly set forth in this Article 6 or Section 8.02). Tenant further covenants, as an additional cumulative obligation after any such termination, to punctually pay to Landlord all sums and perform all obligations which Tenant covenants in this Lease or whichto pay and to perform, as if this Lease had not been terminated. In calculating the amounts to be paid by Tenant pursuant to this Section 6.03, Tenant shall be credited with any amount paid to Landlord pursuant to this Section 6.03 and also (in respect of the ordinary course amounts referred to in (i) and (ii)) the net proceeds of thingsrent obtained by Landlord by reletting the Leased Premises through the time of award, would likely result therefromafter deducting all Landlord’s reasonable expenses in connection with such reletting, including including, without limitation, the costs all reasonable repossession costs, brokerage commissions, fees for legal services and expenses of preparing the Leased Premises for reletting, it being agreed by Tenant that Landlord may (including brokerage commissions and advertising costsx) incurred by relet the Leased Premises or any part thereof for a term or terms which may at Landlord, with ’s option be equal or without terminating less than or exceed the Lease, (1) in retaking possession period which would otherwise have constituted the balance of the Premises; (2) in cleaning Term and making repairs may grant such concessions and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such free rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus reasonable judgment considers advisable or necessary to relet the same and (vy) make such other amounts alterations, repairs and decorations in addition the Leased Premises as Landlord in its reasonable judgment considers advisable or necessary to relet the same, and no action of Landlord in accordance with the foregoing or in lieu failure to relet or collect rent under Landlord’s reletting of the foregoing Leased Premises shall operate or be construed to release or reduce Tenant’s liability as may be permitted from time to time under California lawaforesaid. The "“time of award” shall refer to such time as (I) Tenant shall, as a settlement of the amounts due pursuant to this Section 6.03, pay to Landlord such sums pursuant to a written agreement in form and substance satisfactory to Landlord, or (II) the date on which a judgment shall be entered in a court of competent jurisdiction to the effect that Tenant shall pay Landlord the amounts due and owing pursuant to this Section 6.03. The “worth at the time of award" ” of the amounts referred to in (i) and (ii) shall be computed mean such amounts together with interest at the lesser of the prime rate of interest from time to time published in the Wall Street Journal plus four percent per annum or the maximum rate allowed by law. The "“worth at the time of award" ” of the amount referred to in (iii) shall be mean such amounts as computed by discounting such amount at reference to competent appraisal evidence or the discount rate of formula prescribed by and using the Federal Reserve Bank of San Francisco at Discount Rate (as from time to time published in the time Wall Street Journal). If the Lease is terminated, Landlord’s actual damages hereunder shall be subject to mitigation by the amount of the award plus one percent damages that Tenant proves in a final judicial determination would have been avoided by Landlord in the exercise of commercially reasonable efforts to relet the Leased Premises; provided that such reasonable efforts shall not require Landlord (1%i) to solicit or negotiate with prospective new tenants until such time as Landlord obtains full and complete possession of the Leased Premises, free of any claim to the Leased Premises or any portion thereof by Tenant and its successors, all subtenants, and other parties claiming under or through Tenant, (ii) to relet all or part of the Leased Premises prior to leasing any other space in the Building then available or scheduled to become available, (iii) to relet all or any part of the Leased Premises to tenants that are not high quality tenants or that would be inconsistent with Landlord’s leasing requirements, objectives, or plans, including without limitation the development and leasing of the Building in a harmonious manner with an appropriate mix of uses, tenants, floor areas, terms of tenancies, and the like, (iv) to expend any amounts on tenant improvements or other leasing costs in excess of the levels in Landlord’s budget or leasing guidelines for the Building, or (v) to offer to relet all or part of the Leased Premises at a rental rate below the rate that Landlord determines to be the prevailing market rate for the space (Tenant agreeing, however, that Landlord may in its discretion relet all or part of the Leased Premises on any terms, whether above or below such market rate or the rental rate payable hereunder, and that Tenant has no claim to any net reletting proceeds in excess of the rent payable hereunder). Tenant’s liability hereunder shall not be diminished or reduced if, or to the extent, that such efforts of Landlord to relet the Leased Premises are unsuccessful.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the ofthe amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; Property, (2) in cleaning and making repairs and alterations to the Premises Property reasonably necessary to return the Premises Property to good condition for the use permitted by this Lease and otherwise to prepare the Premises Property for reletting;(3reletting, (3) in removing all persons and personal arid property from the Premises Property and transporting and storing any of Tenant's personal property left at the PremisesProperty, although Landlord shall have no obligation to remove, transport, or store any of such personal property; , and (4) in reletting the Premises Property for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should If Landlord terminate terminates this Lease pursuant to subsection A abovethe provisions of Paragraph 18.1, then, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (ia) All Rent payable under this Lease by Tenant to Landlord prior to the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time date of termination; plus and (iib) Tenant shall pay to Landlord, in monthly installments, on the worth at day set forth herein for payment of Rent, any deficiency between what Landlord collects as a result of reletting the time Premises (after deduction for Landlord’s actual costs in reletting the Premises); provided, however, that in lieu of the award of monthly installments described in clause (b), Landlord may demand, as liquidated and agreed final damages, a sum equal to the amount by which the unpaid rent Rent for the period which otherwise would have been earned after termination until constituted the time unexpired portion of the award Term exceeds the then fair and reasonable rental value of the Premises, for the same period (with both amounts being discounted to present value at a rate of interest equal to 2% below the then Base Rate) less the aggregate amount of deficiencies already collected by Landlord pursuant to the provisions of clause (b) hereof for the same period. If all or any portion of the Premises are relet by Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, the amount of rent reserved upon such rent loss that Tenant proves reasonably could have been avoided; plus (iii) reletting shall be deemed prima facie, to be the worth at fair and reasonable rental value for the time part or the whole of the award Premises so relet during the term of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%)reletting.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions hereof, Landlord shall have all the rights and remedies of a landlord provided by Section 1951.2 of the California Civil Code. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's 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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "“worth at the time of award" ” of the amounts referred to in (i) and (ii) shall be computed with interest at eighteen percent (18%) per annum or the maximum rate allowed by lawhighest lawful rate, whichever is the lower. The "“worth at the time of award" ” of the amount referred to in (iii) shall be computed by discounting such amount at the “discount rate rate” of the Federal Reserve Bank of San Francisco at the in effect as of time of the award plus one percent (1%)) and, where rental value is a material issue, shall be based upon competent appraisal evidence.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3reletting; (3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 6.02(a) hereof, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been avoidedreasonably .avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount rental value of such rent loss that Tenant proves reasonably could be avoidedthe Leased Premises for the balance of the Term, taking into account reasonable projections of vacancy and the time required to re-lease the Leased Premises of at least six months; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's Tenant’s failure to perform its obligations under this Lease. Tenant further covenants, as an additional cumulative obligation after any such termination to punctually pay to Landlord all sums and perform all obligations which Tenant covenants in this Lease to pay and to perform, as if this Lease had not been terminated, whether or whichnot such obligations arose prior to, concurrent with or after such termination. In calculating the amounts to be paid by Tenant pursuant to the immediately preceding sentence, Tenant shall be credited with any amount paid to Landlord pursuant to the first sentence of this Section 6.03, and also with the net proceeds of any rent obtained by Landlord by reletting the Leased Premises through the time of award, after deducting all Landlord’s expenses in the ordinary course of thingsconnection with such reletting, would likely result therefromincluding, including without limitation, the costs all repossession costs, brokerage commissions, fees for legal services and expenses of preparing the Leased Premises for reletting, it being agreed by Tenant that Landlord may (including brokerage commissions and advertising costsx) incurred by relet the Leased Premises or any part thereof for a term or terms which may at Landlord, with ’s option be equal or without terminating less than or exceed the Lease, (1) in retaking possession period which would otherwise have constituted the balance of the Premises; Term and may grant such concessions and free rent as Landlord in its exercise of business judgment considers advisable or necessary to relet the same and (2y) in cleaning and making make such alterations, repairs and alterations to decorations in the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Leased Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions Building as Landlord in its sole discretion may deem advisable; plus (v) such other amounts judgment considers advisable or necessary to relet the same, and no action of Landlord in addition accordance with the foregoing or failure to relet or in lieu collect rent under Landlord’s reletting of the foregoing Premises shall operate or be construed to release or reduce Tenant’s liability as may aforesaid unless and to the extent Tenant proves such failure could reasonably have been avoided. Any obligation imposed by law upon Landlord to relet the Leased Premises shall be permitted from time subject to time under California lawLandlord’s right to lease the Leased Premises to high quality tenants, to develop the Building in a harmonious manner with an appropriate mix of uses, tenants, floor areas and terms of tenancies, and the like, and to first lease otherwise available space in the Building to prospective tenants. The "“time of award” shall refer to such time as (I) Tenant shall, as a settlement of the amounts due pursuant to this Section 6.03, pay to Landlord such sums pursuant to a written agreement in form and substance satisfactory to Landlord, or (II) the date on which a judgment shall be entered in a court of competent jurisdiction to the effect that Tenant shall pay Landlord the amounts due and owing pursuant to this Section 6.03. The “worth at the time of award" ” of the amounts referred to in (i) and (ii) shall be computed mean such amounts together with interest at the lesser of eighteen percent (18%) per annum or the maximum rate allowed by law. The "“worth at the time of award" ” of the amount referred to in (iii) shall be mean such amounts as computed by discounting such amount at reference to competent appraisal evidence or the formula prescribed by and using the lowest discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%)utilized by commercial appraisers in calculating such amounts for such purpose.

Damages Upon Termination. Should If and when Landlord terminate terminates this Lease pursuant to subsection A aboveSection 20.2, in addition to any other Landlord may exercise all its rights and remedies to which it may be entitled available under applicable lawCalifornia Civil Code Section 1951.2, Landlord shall be entitled including the right to recover from Tenant: Tenant (i) the worth at the time of the award of the any unpaid rent and other amounts which had has been earned at the time of such termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent rental loss that Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent loss that the Tenant proves could have been reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's ’s failure to perform its obligations under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom, including without limitationspecifically including, the costs and expenses (including but not limited to, brokerage commissions and advertising costs) incurred by Landlordexpenses incurred, with or without terminating the Lease, (1) in retaking possession expenses of the Premises; (2) in cleaning and making repairs and alterations to remodeling the Premises reasonably necessary to return the Premises to good condition or any portion thereof for a new tenant, whether for the use permitted by this Lease same or a different use, and otherwise any special concessions made to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal propertyobtain a new tenant; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California by applicable law. The "worth at term “rent” as used in this Section 20.3 shall be deemed to be and to mean all sums of every nature required to be paid by Tenant pursuant to the time terms of award" of the amounts referred this Lease, whether to Landlord or to others. As used in clauses (i) and (ii) shall be computed with interest at above, the maximum rate allowed by law. The "“worth at the time of award" of ” shall be computed by allowing interest at the amount referred to Interest Rate. As used in clause (iii) above, the “worth at the time of award” shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 13.2(a) hereof, in addition to any other Landlord shall have all --------------- the rights and remedies to which it may be entitled of a landlord under applicable lawlaw and, in addition, Landlord shall be entitled to recover from Tenant: (ia) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (iib) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iiic) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that Tenant proves reasonably could be reasonably avoided; plus (ivd) all costs incurred by Landlord in reletting the Premises, including without limitation, reasonable, market-based brokerage commissions, attorneys' fees, marketing and advertising expenses and expenses of cleaning, restoring or remodeling the Premises to the extent required for general office use; and (e) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (ia) and (iib) shall be computed with interest at eighteen percent (18%) per annum or the maximum rate allowed by lawhighest lawful commercial interest rate, whichever is the lower. The "worth at the time of award" of the amount referred to in (iiic) shall be computed by discounting such amount at the "discount rate rate" of the Federal Reserve Bank of San Francisco at the in effect as of time of the award plus one percent (1%)) and, where rental value is a material issue, shall be based upon competent appraisal evidence.

Damages Upon Termination. Should If Landlord terminate terminates this Lease pursuant to subsection A aboveSection 16.3, in addition to any other Landlord may exercise all rights and remedies available to which it may be entitled under applicable lawa landlord at law or in equity, Landlord shall be entitled including, without limitation, the right to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts payable by Tenant hereunder which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts which would have been earned after termination until the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts for the balance of the Term term after the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment direct costs proximately caused by XxxxxxTenant'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in clauses (i) and (ii) shall be computed with interest at the maximum rate allowed by lawInterest. The "worth at the time of award" of the amount referred to in clause (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award Francisco, California, plus one percent (1%). As used herein "time of award" shall mean either the date upon which Tenant pays to Landlord the amount recoverable by Landlord as hereinabove set forth, or the date of entry of any determination, order or judgment, of any court or other legally constituted body determining the amount recoverable, whichever first occurs.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of SECTION 12.1, in addition to any other Landlord shall have all the rights and remedies to which it may be entitled under of any applicable law, code section. Landlord shall be entitled to recover from Tenant: (ia) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (iib) the worth at the time of the award of the amount by which the unpaid rent Rent which the unpaid Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that Tenant proves reasonably could have been reasonably avoided; plus (iiic) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that Tenant proves reasonably could be reasonably avoided; plus and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom, including including, without limitation, the any costs and or expenses (including brokerage commissions and advertising costs) incurred by LandlordLandlord in maintaining or preserving the Premises after such Default, with or without terminating the Lease, (1) in retaking recovering possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return , expenses of reletting the Premises to good condition for the use permitted by this Lease a new tenant, (including necessary renovations, alterations and otherwise improvements to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to removeand leasing commissions incurred), transport, or store and all attorneys' and other professional and paraprofessional fees and other costs and expenses incurred in good faith in connection with any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California lawforegoing. The "worth at the time of award" of the amounts referred to in (ia) and (ii) b), above shall be computed with interest at the maximum rate allowed by lawlawful rate. The "worth at the time of award" of the amount referred to in (iii) c), above shall be computed by discounting such amount at reference to the formula prescribed by, and using the lowest discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%)permitted under, any applicable Law.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; Property, (2) in cleaning and making repairs and alterations to the Premises Property reasonably necessary to return the Premises Property to good condition for the use permitted by this Lease and otherwise to prepare the Premises Property for reletting;(3reletting, (3) in removing all persons and personal arid property from the Premises Property and transporting and storing any of Tenant's personal property left at the PremisesProperty, although Landlord shall have no obligation to remove, transport, or store any of such personal property; , and (4) in reletting the Premises Property for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A aboveLease, Landlord shall have all the rights and remedies of a landlord provided by Section 1951.2 of the Civil Code of the State of California or any amended or successor code section. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that Tenant proves reasonably could be reasonably avoided; plus (iv) any other amount amounts necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure Tenaxx'x xailure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom, including without limitationbut not limited to brokerage commissions, the costs advertising expenses and expenses (including brokerage commissions remodeling expenses, and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such any other amounts amounts, in addition to or in lieu of the foregoing as may be those listed above, now or hereafter permitted from time to time under California by applicable law. The "worth at the time of award" of the amounts referred to in clauses (i) and (ii) shall be computed with interest at the lesser of eighteen percent (18%) per annum or the maximum rate then allowed by law. The "worth at the time of award" of the amount referred to in clause (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).such

Damages Upon Termination. Should If Landlord terminate terminates this Lease pursuant to subsection A aboveSection 19.2, in addition to any other then Landlord may exercise all rights and remedies available to which it may be entitled under applicable lawa landlord at law or in equity, Landlord shall be entitled including the right to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts payable by Tenant hereunder which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts which would have been earned after termination until the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts for the balance of the Term term after the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in clauses (i) and (ii) shall be computed with interest at the maximum rate allowed by lawInterest. The "worth at the time of award" of the amount referred to in clause (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award Francisco, California, plus one percent (1%). As used herein, "time of award" shall mean either the date upon which Tenant pays to Landlord the amount recoverable by Landlord as hereinabove set forth, or the date of entry of any determination, order or judgment, of any court or other legally constituted body determining the amount recoverable, whichever first occurs.

Damages Upon Termination. Should If Landlord terminate terminates this Lease pursuant to subsection A aboveSection 19.2., in addition to any other then Landlord may exercise all rights and remedies available to which it may be entitled under applicable lawa landlord at law or in equity, Landlord shall be entitled including the right to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts payable by Tenant hereunder which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts which would have been earned after termination until the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts for the balance of the Term term after the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in clauses (i) and (ii) shall be computed with interest at the maximum rate allowed by lawInterest. The "worth at the time of award" of the amount referred to in clause (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award Baltimore, Maryland, plus one percent (1%). As used herein, "time of award" shall mean either the date upon which Tenant pays to Landlord the amount recoverable by Landlord as hereinabove set forth, or the date of entry of any determination, order, or judgment, of any court or other legally constituted body determining the amount recoverable, whichever first occurs.

Damages Upon Termination. Should If and when Landlord terminate terminates this Lease pursuant to subsection A aboveSection 20.2, in addition to any other Landlord may exercise all its rights and remedies to which it may be entitled available under applicable lawCalifornia Civil Code Section 1951.2, Landlord shall be entitled including the right to recover from Tenant: Tenant (i) the worth at the time of the award of the any unpaid rent and other amounts which had has been earned at the time of such termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent rental loss that Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent loss that the Tenant proves could have been reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's Tenant’s failure to perform its obligations under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom, including without limitationspecifically including, the costs and expenses (including but not limited to, brokerage commissions and advertising costs) incurred by Landlordexpenses incurred, with or without terminating the Lease, (1) in retaking possession expenses of the Premises; (2) in cleaning and making repairs and alterations to remodeling the Premises reasonably necessary to return the Premises to good condition or any portion thereof for a new tenant, whether for the use permitted by this Lease same or a different use, and otherwise any special concessions made to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal propertyobtain a new tenant; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California by applicable law. The "worth at term “rent” as used in this Section 20.3 shall be deemed to be and to mean all sums of every nature required to be paid by Tenant pursuant to the time terms of award" of the amounts referred this Lease, whether to Landlord or to others. As used in clauses (i) and (ii) shall be computed with interest at above, the maximum rate allowed by law. The "“worth at the time of award" of ” shall be computed by allowing interest at the amount referred to Interest Rate. As used in clause (iii) above, the “worth at the time of award” shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should If Landlord terminate terminates this Lease pursuant to subsection A aboveSection 16.3, in addition to any other Landlord may exercise all rights and remedies available to which it may be entitled under applicable lawa landlord at law or in equity, Landlord shall be entitled including, without limitation, the right to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts payable by Tenant hereunder which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts which would have been earned after termination until the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts for the balance of the Term term after the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment direct costs proximately caused by XxxxxxTenant'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in clauses (i) and (ii) shall be computed with interest at the maximum rate allowed by lawInterest. The "worth at the time of award" of the amount amounts referred to in clause (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award Francisco, California, plus one percent (1%). As used herein, "time of award" shall mean either the date upon which Tenant pays to Landlord the amount recoverable by Landlord as hereinabove set forth, or the date of entry of any determination, order or judgment, of any court or other legally constituted body determining the amount recoverable, whichever first occurs.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A above, in addition to any other the provisions of Section 12.1 Landlord shall have all the rights and remedies to which it may be entitled under of a landlord provided by Section 1951.2 of the California Civil Code or any other applicable law, code section. Landlord shall be entitled to recover from Tenant: (ia) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (iib) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that Tenant proves reasonably could have been reasonably avoided; plus (iiic) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that Tenant proves reasonably could be reasonably avoided; plus and (ivd) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's 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 including, without limitation, the any costs and or expenses (including brokerage commissions and advertising costs) incurred by LandlordLandlord in maintaining or preserving the Premises after such Default, with or without terminating the Lease, (1) in retaking recovering possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return , expenses of reletting the Premises to good condition for the use permitted by this Lease a new tenant, (including necessary renovations, alterations and otherwise improvements to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to removeand leasing commissions incurred), transport, or store and all attorneys’ and other professional and paraprofessional fees and other costs and expenses incurred in good faith in connection with any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California lawforegoing. The "“worth at the time of award" ” of the amounts referred to in (ia) and (ii) b), above shall be computed with interest at the maximum rate allowed by lawlawful rate. The "“worth at the time of award" ” of the amount referred to in (iii) c), above shall be computed by discounting such amount at reference to the formula prescribed by, and using the lowest discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%)permitted under, any applicable Law.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 6.02(a) hereof, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount rental value of such rent loss that Tenant proves reasonably could be avoidedthe Premises for the balance of the Term; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's Tenant’s failure to perform its obligations under this Lease. Tenant further covenants, as an additional cumulative obligation after any such termination, to punctually pay to Landlord all sums and perform all obligations which Tenant covenants in this Lease to pay and to perform, as if this Lease had not been terminated, whether or whichnot such obligations arose prior to, concurrent with or after such termination. In calculating the amounts to be paid by Tenant pursuant to the immediately preceding sentence, Tenant shall be credited with any amount paid to Landlord pursuant to the first sentence of this Section 6.03, and also with the net proceeds of any rent obtained by Landlord by reletting the Leased Premises through the time of award, after deducting all Landlord’s expenses in the ordinary course of things, would likely result therefromconnection with such reletting, including without limitation, the costs all repossession costs, brokerage commissions, fees for legal services and expenses of preparing the Leased Premises for reletting, it being agreed by Tenant that Landlord may (including brokerage commissions and advertising costsx) incurred by relet the Leased Premises or any part thereof for a term or terms which may at Landlord, with ’s option be equal or without terminating less than or exceed the Lease, (1) in retaking possession period which would otherwise have constituted the balance of the Premises; Term and may grant such concessions and free rent as Landlord in its exercise of business judgment considers advisable or necessary to relet the same and (2y) in cleaning and making make such alterations, repairs and alterations to decorations in the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Leased Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions Building as Landlord in its sole discretion may deem advisable; plus (v) such other amounts judgment considers advisable or necessary to relet the same, and no action of Landlord in addition accordance with the foregoing or failure to relet or in lieu collect rent under Landlord’s reletting of the foregoing Premises shall operate or be construed to release or reduce Tenant’s liability as may be permitted from time aforesaid unless and to time under California lawthe extent Tenant proves such failure could reasonably have been avoided. The "“time of award” shall refer to such time as (I) Tenant shall, as a settlement of the amounts due pursuant to this Section 6.03, pay to Landlord such sums pursuant to a written agreement in form and substance satisfactory to Landlord, or (II) the date on which a Judgment shall be entered in a court of competent jurisdiction to the effect that Tenant shall pay Landlord the amounts due and owing pursuant to this Section 6.03. The “worth at the time of award" ” of the amounts referred to in (i) and (ii) shall be computed mean such amounts together with interest at the lesser of eighteen percent per annum or the maximum rate allowed by law. The "“worth at the time of award" ” of the amount referred to in (iii) shall be mean such amounts as computed by discounting such amount at reference to competent appraisal evidence or the formula prescribed by and using the lowest discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%)utilized by commercial appraisers in calculating such amounts for such purpose.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant ------------------------ to subsection A abovethe provisions of Section 7.08.(b)(1) hereof, Landlord shall have all the rights and remedies of a landlord provided by Section 1951.2 of the Civil Code of the State of California, or successor code section. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at ten percent (10%) per annum or the maximum rate allowed by lawhighest lawful rate, whichever is the lower. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the "discount rate rate" of the Federal Reserve Bank of San Francisco at the in effect as of time of the award plus one percent (1%)) and, where rental value is a material issue, shall be based upon competent appraisal evidence.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A above------------------------ the provisions of Section 7.08.(b)(1) hereof, Landlord shall have all the rights and remedies of a landlord provided by Section 1951.2 of the Civil Code of the State of California, or successor code section. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at ten percent (10%) per annum or the maximum rate allowed by lawhighest lawful rate, whichever is the lower. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the "discount rate rate" of the Federal Reserve Bank of San Francisco at the in effect as of time of the award plus one percent (1%)) and, where rental value is a material issue, shall be based upon competent appraisal evidence.

Damages Upon Termination. Should If Landlord terminate terminates this ------------------------ Lease pursuant to subsection A aboveSection 16.3, in addition to any other Landlord may exercise all rights and remedies available to which it may be entitled under applicable lawa landlord at law or in equity, Landlord shall be entitled including, without limitation, the right to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts payable by Tenant hereunder which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts which would have been earned after termination until the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent and such other amounts for the balance of the Term term after the time of the award exceeds the amount of loss of Rent and such rent loss other amounts that the Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in clauses (i) and (ii) shall be computed with interest at the maximum rate allowed by lawInterest Rate. The "worth at the time of award" of the amount referred to in clause (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award Francisco, California, plus one percent (1%). As used herein, "time of award" shall mean either the date upon which Tenant pays to Landlord the amount recoverable by Landlord as hereinabove set forth, or the date of entry of any determination, order or judgment, of any court or other legally constituted body determining the amount recoverable, whichever first occurs.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 8.02(a) hereof, Landlord shall have all the rights and remedies of a landlord in law or in equity. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i1) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount rental value of such rent loss that Tenant proves reasonably could be avoidedthe Premises for the balance of the Term; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease or which, in the ordinary course of thingscourse, would be likely to result therefrom. Tenant further covenants, including without limitationas an additional cumulative obligation after any such termination, the costs to punctually pay to Landlord all sums and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) perform all obligations which Tenant covenants in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease to pay and otherwise to prepare perform, as if this Lease had not been terminated. In calculating the Premises for reletting;(3) amounts to be paid by Tenant pursuant to this Section 8.03, Tenant shall be credited with any amount paid to Landlord pursuant to this Section 8.03 and also (in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" respect of the amounts referred to in (i) and (ii)) shall be computed with interest at the maximum rate allowed net proceeds of rent obtained by law. The "worth at Landlord by reletting the Premises through the time of award" , after deducting all Landlord's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, fees for legal services and expenses of preparing the Premises for reletting, it being agreed by Tenant that Landlord may (x) relet the Premises or any part thereof for a term or terms which may at Landlord's option be equal or less than or exceed the period which would otherwise have constituted the balance of the amount referred Term and may grant such concessions and free rent as Landlord in its sole judgment considers advisable or necessary to relet the same and (y) make such alterations, repairs and decorations in (iii) shall be computed by discounting such amount at the discount rate Premises as Landlord in its sole judgment considers advisable or necessary to relet the same, and no action of Landlord in accordance with the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).foregoing or failure to relet or

Damages Upon Termination. Should Landlord terminate this ------------- ------------------------ Lease pursuant to subsection A the provisions of Section 17.2(a) above, Landlord shall have all the rights and remedies of a landlord provided by Section 1951.2 of the Civil Code of the State of California or any successor code section. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts Rent which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that Tenant proves reasonably could be reasonably avoided; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant'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 including, without limitation, the costs expenses incurred or paid by Landlord in repossessing and expenses reletting the Premises (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating if not previously paid out of the Lease, (1) in retaking possession proceeds of any reletting of the Premises; (2) in cleaning ), including, without limitation, the alteration and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare preparation of the Premises for reletting;(3) in removing all persons the new tenants, brokers' commissions and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California lawattorneys' fees. The "worth at the time of award" of the amounts referred to in clauses (i) and (ii) above shall be computed with interest at the maximum rate allowed by applicable law. The "worth at the time of award" of the amount referred to in clause (iii) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).. For purposes of computing unpaid Rent which would have accrued and become payable under this Lease pursuant to the provisions of this Section 17.3, unpaid Rent shall consist of the sum of:

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3reletting; (3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; Property, (2) in cleaning and making repairs and alterations to the Premises Property reasonably necessary to return the Premises Property to good condition for the use permitted by this Lease and otherwise to prepare the Premises Property for reletting;(3reletting, (3) in removing all persons and personal arid property from the Premises Property and transporting and storing any of Tenant's personal property left at the PremisesProperty, although Landlord shall have no obligation to remove, transport, or store any of such personal property; , and (4) in reletting the Premises Property for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 13.2(a) hereof, in addition to any other Landlord shall have all the rights and remedies to which it may be entitled of a landlord under applicable lawlaw and, in addition, Landlord shall be entitled to recover from Tenant: (ia) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (iib) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iiic) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount of such rent Rent loss that Tenant proves reasonably could be reasonably avoided; plus (ivd) all costs incurred by Landlord in reletting the Premises, including without limitation, brokerage commissions, attorneys’ fees, marketing and advertising expenses and expenses of cleaning, restoring or remodeling the Premises; and (e) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx'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, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "“worth at the time of award" ” of the amounts referred to in (ia) and (iib) shall be computed with interest at the maximum Prime Rate plus five percent (5%) or the highest lawful commercial interest rate, whichever is the lower. As used herein, the term “Prime Rate” shall mean the prime commercial lending rate allowed publicly announced from time to time by lawBank of America N.A., or its successor. The "“worth at the time of award" ” of the amount referred to in (iiic) shall be computed by discounting such amount at the “discount rate rate” of the Federal Reserve Bank of San Francisco at the in effect as of time of the award plus one percent (1%)) and, where rental value is a material issue, shall be based upon competent appraisal evidence. Notwithstanding any other provision in this Lease to the contrary, Landlord shall make commercially reasonable efforts to mitigate its damages but shall not be required to give preferential treatment to the Premises if Landlord is seeking to lease other vacant space.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 6.02(a) hereof, Landlord shall have all the rights and remedies of a landlord in law or in equity. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount rental value of such rent loss that Tenant proves reasonably could be avoidedthe Premises for the balance of the Term; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately and directly caused by Xxxxxx's Tenant’s failure to perform its obligations under this Lease or which, in the ordinary course of thingscourse, would be likely to result therefrom. Tenant further covenants, including as an additional cumulative obligation after any such termination, to punctually pay to Landlord all sums and perform all obligations which Tenant covenants in this Lease to pay and to perform, as if this Lease had not been terminated. In calculating the amounts to be paid by Tenant pursuant to this Section 6.03, Tenant shall be credited with any amount paid to Landlord pursuant to this Section 6.03 and also (in respect of the amounts referred to in (i) and (ii)) the net proceeds of rent obtained by Landlord by reletting the Leased Premises through the time of award, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, the costs all repossession costs, brokerage commissions, fees for legal services and expenses of preparing the Leased Premises for reletting, it being agreed by Tenant that Landlord may (including brokerage commissions and advertising costsx) incurred by relet the Leased Premises or any part thereof for a term or terms which may at Landlord, with ’s option be equal or without terminating less than or exceed the Lease, (1) in retaking possession period which would otherwise have constituted the balance of the Premises; (2) in cleaning Term and making repairs may grant such concessions and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such free rent and upon such other terms and conditions as Landlord in the exercise of its sole discretion may deem advisable; plus business judgment considers advisable or necessary to relet the same and (vy) make such other amounts alterations, repairs and decorations in addition the Leased Premises as Landlord in the exercise of its business judgment considers advisable or necessary to relet the same, and no action of Landlord in accordance with the foregoing or in lieu failure to relet or collect rent under Landlord’s reletting of the foregoing Premises shall operate or be construed to release or reduce Tenant’s liability as may be permitted from time to time under California lawaforesaid. The "“time of award” shall refer to such time as (I) Tenant shall, as a settlement of the amounts due pursuant to this Section 6.03, pay to Landlord such sums pursuant to a written agreement in form and substance satisfactory to Landlord, or (II) the date on which a judgment shall be entered in a court of competent jurisdiction to the effect that Tenant shall pay Landlord the amounts due and owing pursuant to this Section 6.03. The “worth at the time of award" ” of the amounts referred to in (i) and (ii) shall be computed mean such amounts together with interest at the lesser of (x) the prime rate from time to time published in the Wall Street Journal plus four percent per annum or (y) the maximum rate allowed by law. The "“worth at the time of award" ” of the amount referred to in (iii) shall be mean such amounts as computed by discounting such amount at reference to competent appraisal evidence or the formula prescribed by and using the lowest discount rate permitted under applicable law. Landlord’s actual damages hereunder shall be subject to mitigation by the amount of the Federal Reserve Bank damages that Tenant proves would have been avoided by Landlord in the exercise of San Francisco at commercially reasonable efforts to relet the time Leased Premises; provided that such reasonable efforts shall not require Landlord (i) to solicit or negotiate with prospective new tenants until Landlord obtains full and complete possession of the award plus one percent Leased Premises, free of any claim by Tenant or its successors, (1%)ii) to relet the Leased Premises prior to leasing any other space in the Building then available or scheduled to become available, (iii) to relet the Leased Premises in a manner inconsistent with Landlord’s leasing requirements under the preceding sentence or inconsistent with the criteria for Landlord’s approval of proposed assignees or subtenants under Section 4.06, (iv) to expend any amounts on tenant improvements or other leasing costs in excess of the levels in Landlord’s budget or leasing guidelines for the Building, or (v) to relet the Leased Premises for a rental less than the current fair market rental then prevailing for similar office space in the Building. Tenant’s liability hereunder shall not be diminished or reduced if, or to the extent, that such reasonable efforts of Landlord to relet the Leased Premises are unsuccessful.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to subsection A abovethe provisions of Section 16.2(a) hereof, Landlord shall have all the rights and remedies of a landlord in law or in equity. Upon such termination, in addition to any other rights and remedies to which it Landlord may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent Rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent Rent which would have been earned after termination until the time of the award exceeds the amount of such rent Rent loss that the Tenant proves reasonably could have been reasonably avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent Rent for the balance of the Term after the time of award exceeds the amount rental value of such rent loss that Tenant proves reasonably could be avoidedthe Premises for the balance of the Term after the time of award exceeds the rental value of the Premises for the balance of the Term; plus and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by XxxxxxTenant's failure to perform its obligations under this Lease or which, in the ordinary course of thingscourse, would be likely to result therefrom. Tenant further covenants, including without limitationas an additional cumulative obligation after any such termination, the costs to punctually pay to Landlord all sums and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) perform all obligations which Tenant covenants in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease to pay and otherwise to prepare perform, as if this Lease had not been terminated. In calculating the Premises for reletting;(3) amounts to be paid by Tenant pursuant to this Section 16.3, Tenant shall be credited with any amount paid to Landlord pursuant to this Section 16.3 and also (in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" respect of the amounts referred to in (i) and (ii)) shall be computed with interest at the maximum rate allowed net proceeds of rent obtained by law. The "worth at Landlord by reletting the Premises through the time of award" , after deducting all Landlord's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commission, fees for legal services and expenses of preparing the amount referred to in Premises for reletting it being agreed by Tenant that Landlord may (iiix) shall be computed by discounting such amount relet the Premises or any part thereof for a term or terms which may at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).Landlord's option be

Damages Upon Termination. Should Landlord City terminate this Lease License pursuant to subsection subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord City shall be entitled to recover from TenantLicensee: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant Licensee proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant Licensee proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord City for all the detriment proximately caused by XxxxxxLicensee's failure to perform its obligations under this Lease License or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by LandlordCity, with or without terminating the LeaseLicense, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease License and otherwise to prepare the Premises for reletting;(3reletting; (3) in removing all persons and personal property from the Premises and transporting and storing any of TenantLicensee's personal property left at the Premises, although Landlord City shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord City in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).