Common use of Damages Upon Termination Clause in Contracts

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(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. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 could be reasonably avoided; and (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 be likely to result therefrom. 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 twelve percent (12%) 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%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(b)(1Paragraph 26.B.(2) hereof, Landlord shall have all the rights and remedies of a landlord 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 Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: : (i1) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; , (ii2) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that the Tenant proves could have been reasonably avoided; , (iii3) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term term after the time of award exceeds the amount of such Rent loss that the Tenant proves could be reasonably avoided; , and (iv4) 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 the lease or which, in the ordinary course of things, would be likely to result therefrom. The “"worth at the time of award” " of the amounts referred to in clauses (i1) and (ii2) above shall be computed with interest at the lesser of twelve percent (12%) per annum or the maximum rate then allowed by law. The “"worth at the time of award” " of the amount referred to in clause (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 the provisions of subsection 7.8(b)(1paragraph 26B(2) hereof, Landlord shall have all the rights and remedies of a landlord 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 Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i1) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; , (ii2) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that the Tenant proves could have been reasonably avoided; , (iii3) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term term after the time of award exceeds the amount of such Rent loss that the Tenant proves could be reasonably avoided; , and (iv4) 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 be likely to result therefrom. The “worth at the time of award” of the amounts referred to in clauses (i1) and (ii2) above shall be computed with interest at the lesser of twelve percent (12%) per annum or the maximum rate then allowed by law. The “worth at the time of award” of the amount referred to in clause (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 the provisions of subsection 7.8(b)(17.08(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. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 could be reasonably avoided; 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. 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 twelve percent (12%) 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%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(b)(1paragraph 21 (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 section. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that the Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 the Tenant proves could be reasonably avoided; 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. 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 twelve eighteen percent (1218%) 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 reference to competent appraisal evidence or the formula prescribed by 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 applicable law.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(b)(17.08(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. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 Xxxxxx proves could be reasonably avoided; and (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, in the ordinary course of things, would be likely to result therefrom. 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 twelve percent (12%) 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%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(b)(1paragraph 26B (2) hereof, Landlord shall have all the rights and remedies of a landlord 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 Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: : (i1) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; , (ii2) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that the Tenant proves could have been reasonably avoided; , (iii3) the worth at the time of 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 the Tenant proves could be reasonably avoided; , and (iv4) 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. The “"worth at the time of award” " of the amounts referred to in clauses (i1) and (ii) 2), above shall be computed with interest at the lesser of twelve percent (12%) per annum or the maximum rate then allowed by law. The “"worth at the time of award” " of the amount referred to in clause (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 the provisions of subsection 7.8(b)(1Section 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 Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that the Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 the Tenant proves could be reasonably avoided; 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. 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 twelve ten percent (1210%) per annum or the maximum rate then allowed by lawhighest lawful rate, whichever is the lower. 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 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 the provisions of subsection 7.8(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. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 could be reasonably avoided; 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 and subject to Landlord’s duty to reasonably mitigate its damages in compliance with 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 lesser of twelve ten percent (1210%) 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%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions If an Event of subsection 7.8(b)(1) hereofDefault occurs and is continuing, Landlord shall have all the rights right at any time during such continuance of an Event of Default to give a written termination notice to Tenant and, on the date specified in such notice, Tenant’s right to possession shall terminate and remedies this Lease shall terminate, unless such Event of a landlord provided by Section 1951.2 Default is cured prior to such termination of the Civil Code of the State of Californiathis Lease. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. Landlord shall be entitled have the right to recover from Tenant: (i) the : 20.3.1 The worth at the time of award of the all unpaid Rent and other amounts which had been earned at the time of termination; (ii) the ; 20.3.2 The worth at the time of award of the amount by which the all unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant Txxxxx proves could have been reasonably avoided; (iii) the ; 20.3.3 The worth at the time of award of the amount by which the all unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that Tenant proves could be reasonably avoided; and (iv) any and 20.3.4 All other amount amounts necessary to compensate Landlord for all the actual detriment proximately caused by XxxxxxTxxxxx’s failure to perform its Tenant’s obligations under this Lease or which, in the ordinary course of things, would be likely to result therefromLease. The “worth at the time of award” of the amounts referred to in clauses (i) Sections 20.3.1 and (ii) 20.3.2 above shall be computed with by allowing interest at the lesser of twelve percent (12%) per annum or the maximum rate then allowed by lawInterest Rate. The “worth at the time of award” of the amount referred to in clause (iii) Section 20.3.3 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%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(b)(1paragraph 26B(2) hereof, Landlord shall have all the rights and remedies of a landlord 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 Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: : (i1) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; , (ii2) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that the Tenant proves could have been reasonably avoided; , (iii3) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term term after the time of award exceeds the amount of such Rent loss that the Tenant proves could be reasonably avoided; , and (iv4) 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. The “"worth at the time of award” " of the amounts referred to in clauses (i1) and (ii2) above shall be computed with interest at the lesser of twelve percent (12%) per annum or the maximum rate then allowed by law. The “"worth at the time of award” " of the amount referred to in clause (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 the provisions of subsection 7.8(b)(1paragraph 21(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 section. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that the Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 the Tenant proves could be reasonably avoided; 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. 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 twelve eighteen percent (1218%) 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 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%)permitted under applicable law.

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(b)(1Section 7.08(b)(i) 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 Landlord may be entitled under applicable law. Law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 could be reasonably avoided; 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. 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 twelve percent (12%) per annum or the maximum rate then allowed by lawhighest lawful rate, whichever is the lower. 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 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 the provisions of subsection 7.8(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. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 Xxxxxx proves could be reasonably avoided; and (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 be likely to result therefrom. 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 twelve ten percent (1210%) 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%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(b)(17.08(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. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 could be reasonably avoided; 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. 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 twelve eighteen percent (1218%) 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%).1%).\

Damages Upon Termination. Should If Landlord terminate terminates this Lease pursuant to the provisions of subsection 7.8(b)(1) hereofSection 16.3, Landlord shall have may exercise all the rights and remedies of available to a landlord provided by Section 1951.2 of at law or in equity, including, without limitation, the Civil Code of the State of California. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. Landlord shall be entitled right to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts payable by Tenant hereunder which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid 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 could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid 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 could be reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment direct costs 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. 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 twelve percent (12%) per annum or the maximum rate then 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 the provisions of subsection 7.8(b)(1SECTION 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. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 could be reasonably avoided; and (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, in the ordinary course of things, would be likely to result therefrom. 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 twelve thirteen percent (1213%) 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%).

Damages Upon Termination. Should Landlord terminate this Lease pursuant to the provisions of subsection 7.8(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. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. , Landlord shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of 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 Xxxxxx proves could be reasonably avoided; and (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 be likely to result therefrom. 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 twelve eighteen percent (1218%) 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%).

Damages Upon Termination. Should If Landlord terminate terminates this Lease pursuant to the provisions of subsection 7.8(b)(1) hereofSection 16.3, Landlord shall have may exercise all the rights and remedies of available to a landlord provided by Section 1951.2 of at law or in equity, including, without limitation, the Civil Code of the State of California. Upon such termination, in addition to any other rights and remedies to which Landlord may be entitled under applicable law. Landlord shall be entitled right to recover from Tenant: (i) the worth at the time of award of the unpaid Rent and other amounts payable by Tenant hereunder which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid 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 could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid 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 could be reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment direct costs 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. 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 twelve percent (12%) per annum or the maximum rate then 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.