Common use of Landlord Remedies Clause in Contracts

Landlord Remedies. Upon a Default of this Lease by Tenant, Landlord shall have the following rights and remedies in addition to any other rights or remedies available to Landlord at law or in equity: The rights and remedies provided by California Civil Code, Section 1951.2 or successor code section, including but not limited to the right to recover from Tenant: (A) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (B) the worth at the time of award of the amount by which the unpaid Rent 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; (C) 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 CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. proves could be reasonably avoided; and (D) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom. The “worth at the time of award” of the amounts referred to in (A) and (B) shall be computed with interest at eighteen percent (18%) per annum or the highest lawful rate, whichever is the lower. The “worth at the time of award” of the amount referred to in (C) shall be computed by discounting such amount at the “discount rate” of the Federal Reserve Bank of San Francisco in effect as of time of award plus one percent (1%) and, where rental value is a material issue, shall be based upon competent appraisal evidence. Recovery of the worth at the time of award of the amount by which the unpaid Base Rent and Additional Charges for the balance of the Term after the time of award exceeds the amount of rental loss for the same period that the Tenant proves could be reasonably avoided shall be computed pursuant to subsection (b) of said Section 1951.2. For purposes of computing unpaid Rent that would have accrued and become payable under this Lease pursuant to the provisions of this Paragraph 20(b), unpaid Rent shall consist of the sum of the total Base Rent for the balance of the Term, plus a computation of the Additional Charges for the balance of the Term; the assumed Additional Charges for the calendar year of the Default and each future calendar year in the Term shall be equal to the Additional Charges for the calendar year prior to the year in which the Default occurs compounded at a per annum rate equal to the mean average rate of inflation for the preceding five (5) calendar years as determined by reference to the Consumer Price Index -- all items for the San Francisco-Oakland-San Xxxx Area, All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor (Base Year 1982-84=100), or such successor index as may be established to provide a measure of the current purchasing power of the dollar.

Landlord Remedies. Upon a the occurrence of any Tenant Event of Default and subject to the rights of any sublessee of Tenant and Leasehold Mortgagee under Article 12 of this Lease by TenantAgreement, Landlord shall pursue any of the remedies that Landlord may have the following rights and remedies in addition to any other rights under this Ground Lease, or remedies available to Landlord at law or in equity: The rights and remedies provided , by California Civil Codereason of such Event of Default, Section 1951.2 or successor code sectionincluding, including but not limited to without limitation, (a) the right to recover cure such default at Tenant's cost, (b) appoint a receiver upon application of Landlord to maintain and preserve the Real Property, (c) take any action reasonably necessary and appropriate, upon prior notice to Tenant, to preserve and protect Landlord's interest in the Subject Land (other than the Real Property) from Tenant: (A) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (B) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount any adverse impact as a result of such Rent loss that the Tenant proves could have been reasonably avoided; (C) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that the Tenant CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. proves could be reasonably avoided; Default and (Dd) recover any other amount amounts, including all costs and expenses reasonably incurred in the exercise of its remedies hereunder (including reasonable attorneys' fees), necessary to compensate Landlord for all the detriment proximately caused damages suffered by Landlord as a result of Tenant’s 's failure to perform its obligations under this Lease or whichGround Lease. If Landlord, in at any time after an Event of Default, pays any sum, the ordinary course of things, would sum paid by Landlord shall be likely due immediately from Tenant to result therefrom. The “worth Landlord at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate allowed by law from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. In addition to and not by way of award” limitation of Landlord's rights under specific provisions of this Ground Lease, Landlord shall at all times have the right (at its sole election and without any obligation to do so) to advance on behalf of Tenant any amount payable under the terms hereof by Tenant, or to otherwise satisfy any of Tenant's obligations hereunder, provided that (except in case of an emergency calling for immediate payment) Landlord shall first have given Tenant no less than ten (10) days' prior written notice of Landlord's intent to advance such amounts referred to in (A) on behalf of Tenant. No advance by Landlord shall operate as a waiver of any of Landlord's rights under this Ground Lease and (B) Tenant shall remain fully responsible for the performance of its obligations under this Ground Lease. All amounts advanced by Landlord shall be computed with immediately due and payable by Tenant to Landlord, and shall bear interest at eighteen the rate of ten percent (1810%) per annum or the highest lawful rateannum, whichever is the lower. The “worth at the time of award” of the amount referred to compounded monthly, until paid in (C) shall be computed by discounting such amount at the “discount rate” of the Federal Reserve Bank of San Francisco in effect as of time of award plus one percent (1%) and, where rental value is a material issue, shall be based upon competent appraisal evidence. Recovery of the worth at the time of award of the amount by which the unpaid Base Rent and Additional Charges for the balance of the Term after the time of award exceeds the amount of rental loss for the same period that the Tenant proves could be reasonably avoided shall be computed pursuant to subsection (b) of said Section 1951.2. For purposes of computing unpaid Rent that would have accrued and become payable under this Lease pursuant to the provisions of this Paragraph 20(b), unpaid Rent shall consist of the sum of the total Base Rent for the balance of the Term, plus a computation of the Additional Charges for the balance of the Term; the assumed Additional Charges for the calendar year of the Default and each future calendar year in the Term shall be equal to the Additional Charges for the calendar year prior to the year in which the Default occurs compounded at a per annum rate equal to the mean average rate of inflation for the preceding five (5) calendar years as determined by reference to the Consumer Price Index -- all items for the San Francisco-Oakland-San Xxxx Area, All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor (Base Year 1982-84=100), or such successor index as may be established to provide a measure of the current purchasing power of the dollarfull.

Landlord Remedies. Upon a Default of In the event that this Lease by is terminated under any of the provisions contained in Section 6.1 or shall be otherwise terminated for breach of any obligation of Tenant, Landlord Tenant covenants to pay forthwith to Landlord, as compensation, the total rent reserved for the residue of the Lease Term (or extended Lease Term, as the case may be). In calculating the rent reserved there shall have the following rights and remedies be included, in addition to the fixed rent and all additional rent, the value of all other considerations agreed to be paid or performed by Tenant for said residue. Tenant further covenants as an additional and cumulative obligation after any other rights or remedies available such ending to pay punctually to Landlord at law or all the sums and perform all the obligations which Tenant covenants in equity: The rights this Lease to pay and remedies provided by California Civil Code, Section 1951.2 or successor code section, including but not limited to perform in the same manner and to the right to recover from Tenant: (A) the worth same extent and at the same time as if this Lease had not been terminated. In calculating the amounts to be paid by Tenant under the next foregoing covenant Tenant shall be credited with any amount with the net proceeds of award any rent obtained by Landlord by re-letting the Premises after deducting all Landlord's reasonable expenses in connection with such re- letting, including, without limitation, all repossession costs, brokerage commissions, fees for legal services and expenses of preparing the unpaid Rent and other amounts Premises for such re-letting, it being agreed by Tenant that Landlord may (i) re-let the Premises or any part or parts thereof, for a term or terms which had been earned may at Landlord's option be equal to or less than or exceed the time of termination; (B) the worth at the time of award of the amount by which the unpaid Rent period which would otherwise 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; (C) the worth at the time of award of the amount by which the unpaid Rent for constituted the balance of the Lease Term after and any Extended Lease Term (as the time of award exceeds case may be), and may grant such concessions and free rent as Landlord in his sole judgement considers advisable or necessary to re-let the amount of such Rent loss that the Tenant CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. proves could be reasonably avoided; same and (Dii) any other amount make such alterations, repairs and decorations in the Premises as Landlord in his sole judgment considers advisable or necessary to compensate re-let the same (which shall in any event not include alterations, repairs and decorations inconsistent with the remainder of the Building), and no action of Landlord for all in accordance with the detriment proximately caused by Tenant’s foregoing or failure to perform its obligations re-let or to collect rent under this Lease any re-letting shall operate as a release of Tenant or which, in the ordinary course of things, would be likely construed to result therefrom. The “worth at the time of award” of the amounts referred to in (A) and (B) shall be computed with interest at eighteen percent (18%) per annum release or the highest lawful rate, whichever is the lower. The “worth at the time of award” of the amount referred to in (C) shall be computed by discounting such amount at the “discount rate” of the Federal Reserve Bank of San Francisco in effect reduce Tenant's liability as of time of award plus one percent (1%) and, where rental value is a material issue, shall be based upon competent appraisal evidence. Recovery of the worth at the time of award of the amount by which the unpaid Base Rent and Additional Charges for the balance of the Term after the time of award exceeds the amount of rental loss for the same period that the Tenant proves could be reasonably avoided shall be computed pursuant to subsection (b) of said Section 1951.2. For purposes of computing unpaid Rent that would have accrued and become payable under this Lease pursuant to the provisions of this Paragraph 20(b), unpaid Rent shall consist of the sum of the total Base Rent for the balance of the Term, plus a computation of the Additional Charges for the balance of the Term; the assumed Additional Charges for the calendar year of the Default and each future calendar year in the Term shall be equal to the Additional Charges for the calendar year prior to the year in which the Default occurs compounded at a per annum rate equal to the mean average rate of inflation for the preceding five (5) calendar years as determined by reference to the Consumer Price Index -- all items for the San Francisco-Oakland-San Xxxx Area, All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor (Base Year 1982-84=100), or such successor index as may be established to provide a measure of the current purchasing power of the dollaraforesaid.

Landlord Remedies. Upon a Default an Event of this Lease by TenantDefault, Landlord may elect to: (i) terminate this Lease, (ii) terminate Tenant's right of possession of the Premises (but Tenant shall have the following rights and remain liable as hereinafter provided), and/or (iii) pursue any remedies in addition to any other rights or remedies available to Landlord at law or in equity. Upon Lease termination, or termination of Tenant's right of possession, Landlord may re-enter the Premises by any process authorized by law, and remove Tenant, and all persons and property therefrom. ​ If Landlord terminates this Lease, Landlord may recover from Tenant the sum of: The rights (a) all Monthly Base Rent, FOE, Monthly Taxes, and remedies provided all other amounts payable by California Civil Code, Section 1951.2 or successor code sectionTenant which have accrued up to termination; (b) the cost of reletting the Premises, including but not limited the unamortized leasing commissions, costs of removing and storing property, and costs of repairing or altering the Premises in order to re-lease the right to recover from Tenant: Premises; (Ac) reasonable attorneys' fees and court costs; and (d) the worth at the time of award excess of the unpaid Rent then present value of the Monthly Base Rent, Monthly Taxes, FOE, and other amounts which had been earned at the time of termination; (B) the worth at the time of award of the amount payable 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; (C) 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 CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. proves could be reasonably avoided; and (D) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or whichapplicable to the period following the termination of this Lease through the Expiration Date, in over the ordinary course present value of thingsany amounts which Tenant establishes Landlord can reasonably expect to recover by reletting the Premises during such period, would be likely to result therefromtaking into consideration the availability of acceptable tenants consistent with Landlord’s leasing criteria and other market conditions. The “worth at the time of award” of the amounts referred to in (A) and (B) Such present values shall be computed with interest at eighteen percent (18%) per annum or the highest lawful rate, whichever is the lower. The “worth at the time of award” of the amount referred to in (C) shall be computed by discounting such amount at the “discount rate” of the Federal Reserve Bank of San Francisco in effect as of time of award plus one percent (1%) and, where rental value is a material issue, shall be based upon competent appraisal evidence. Recovery of the worth at the time of award of the amount by which the unpaid Base Rent and Additional Charges for the balance of the Term after the time of award exceeds the amount of rental loss for the same period that the Tenant proves could be reasonably avoided shall be computed pursuant to subsection (b) of said Section 1951.2. For purposes of computing unpaid Rent that would have accrued and become payable under this Lease pursuant to the provisions of this Paragraph 20(b), unpaid Rent shall consist of the sum of the total Base Rent for the balance of the Term, plus a computation of the Additional Charges for the balance of the Term; the assumed Additional Charges for the calendar year of the Default and each future calendar year in the Term shall be equal to the Additional Charges for the calendar year prior to the year in which the Default occurs compounded calculated at a per annum discount rate equal to the mean average 90-day U.S. Treasury bill rate of inflation for at the preceding five (5) calendar years as determined by reference to the Consumer Price Index -- all items for the San Francisco-Oakland-San Xxxx Area, All Urban Consumers, published by the Bureau of Labor Statistics date of the United States Department of Labor (Base Year 1982-84=100), or such successor index as may be established to provide a measure of the current purchasing power of the dollar.termination. ​

Landlord Remedies. Upon The occurrence of an Assignment without Landlord's consent as required herein shall, at Landlord's option, constitute (i) a Default of material default under this Lease by Tenantafter notice and the expiration of the cure period provided in Section 16.1(c), or (ii) a material noncurable default without the necessity of any notice and grace period, If Landlord elects to treat such Assignment as a noncurable default, Landlord shall have the following rights right to either: (i) terminate this Lease; or (ii) upon thirty (30) days written notice ("Landlord's Notice") to Tenant, increase the Basic Monthly Rent to fair market rental value or one hundred ten percent (110%) of the Basic Monthly Rent then in effect, whichever is greater. Pending determination of the new fair market rental value (which shall be determined in the same manner as the fair market rent for any option period if this Lease contains an option to extend), if disputed by Tenant, Tenant shall pay the amount set forth in Landlord's Notice until the amount is finally determined. At such time as the amount is finally determined, any overpayment shall be credited against the next installment(s) of the Basic Monthly Rent coming due, and remedies any underpayment shall be immediately due payable by Tenant as additional rent. Further, in addition the event of such a market value adjustment, (i) any index-oriented rental adjustment formula contained in this Lease shall be adjusted to any other rights or remedies available to Landlord at law or in equity: The rights and remedies provided by California Civil Code, Section 1951.2 or successor code section, including but not limited require that the base index be determined with reference to the right index applicable to recover from Tenant: (A) the worth at the time of award such market value adjustment, and (ii) any fixed rental adjustment scheduled during the remainder of the unpaid Rent and other amounts which had been earned at the time of termination; (B) the worth at the time of award of the amount by which the unpaid Rent 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; (C) 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 CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. proves could be reasonably avoided; and (D) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom. The “worth at the time of award” of the amounts referred to in (A) and (B) shall be computed with interest at eighteen percent (18%) per annum or the highest lawful rate, whichever is the lower. The “worth at the time of award” of the amount referred to in (C) shall be computed by discounting such amount at the “discount rate” of the Federal Reserve Bank of San Francisco in effect as of time of award plus one percent (1%) and, where rental value is a material issue, shall be based upon competent appraisal evidence. Recovery of the worth at the time of award of the amount by which the unpaid Base Rent and Additional Charges for the balance of the Term after the time of award exceeds the amount of rental loss for the same period that the Tenant proves could be reasonably avoided shall be computed pursuant to subsection (b) of said Section 1951.2. For purposes of computing unpaid Rent that would have accrued and become payable under this Lease pursuant to the provisions of this Paragraph 20(b), unpaid Rent shall consist of the sum of the total Base Rent for the balance of the Term, plus a computation of the Additional Charges for the balance of the Term; the assumed Additional Charges for the calendar year of the Default and each future calendar year in the Term shall be equal increased in the same ratio as the new market rent bears to the Additional Charges for the calendar year Basic Monthly Rent in effect immediately prior to the year in which the Default occurs compounded at a per annum rate equal to the mean average rate of inflation for the preceding five (5) calendar years as determined by reference to the Consumer Price Index -- all items for the San Francisco-Oakland-San Xxxx Area, All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor (Base Year 1982-84=100), or such successor index as may be established to provide a measure of the current purchasing power of the dollarmarket value adjustment.

Landlord Remedies. Upon Landlord may treat the occurrence of any one (1) or more of the foregoing Events of Default as a Default breach of this Lease and, in addition to any or all other rights or remedies of Landlord by Tenantlaw or at equity, Landlord shall have the following right, at Landlord’s option, without further notice or demand of any kind to Tenant or any other person, (a) to declare the Term ended and to re-enter and take possession of the Premises and remove all persons therefrom, or (b) without declaring this Lease terminated and without terminating Tenant’s right to possession, to re-enter the Premises and occupy the whole or any part for and on account of Tenant and to collect any unpaid rentals and other charges which have become payable or which may thereafter become payable, or (c) even though it may have re-entered the Premises as provided in clause (b) above, to thereafter elect to terminate this Lease and all of the rights of Tenant in or to the Premises. Without limiting the generality of the foregoing, Landlord shall have the right to exercise all or any of the rights and remedies in addition to any other rights or remedies available to Landlord at law or in equity: The rights and remedies provided by afforded under California Civil Code, Section Code Sections 1951.2 or successor code section1951.4. Pursuant to California Civil Code Section 1951.2, including the damages Landlord may recover against Tenant include, but are not limited to the right to recover from Tenant: (A) the worth at the time of award of the unpaid Rent and other amounts which had been earned at the time of termination; (B) to, the worth at the time of award of the amount by which the unpaid Rent which would have been earned rent for the balance of the term after termination until the time of award award, exceeds the amount of such Rent loss that the Tenant proves could have been reasonably avoided; (C) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that the Tenant CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. proves could be reasonably avoided; and (D) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom. The “worth at the time of award” of the amounts referred to in (A) and (B) shall be computed with interest at eighteen percent (18%) per annum or the highest lawful rate, whichever is the lower. The “worth at the time of award” of the amount referred to in (C) shall be computed by discounting such amount at the “discount rate” of the Federal Reserve Bank of San Francisco in effect as of time of award plus one percent (1%) and, where rental value is a material issue, shall be based upon competent appraisal evidence. Recovery of the worth at the time of award of the amount by which the unpaid Base Rent and Additional Charges for the balance of the Term after the time of award exceeds the amount of rental loss for the same period that the Tenant proves could be reasonably avoided avoided. Pursuant to California Civil Code Section 1951.4, Landlord may continue this Lease in effect after Tenant’s breach of this Lease and abandonment of the Premises and recover rent as it becomes due, if Tenant has the right to sublet the Premises or assign this Lease, subject only to reasonable limitations. In addition to the foregoing rights and remedies, Landlord shall be computed have the right, but not the obligation, without further notice to Tenant, to incur any expense necessary to perform the obligations of Tenant which Tenant has failed to perform or to otherwise cure Tenant’s default, and Tenant shall pay to Landlord the cost thereof upon written demand by Landlord. Additionally, Landlord shall have the right to remedy any default of an emergency nature, in the event Tenant fails to commence to cure any default creating an emergency situation promptly upon being given notice which is reasonable under the circumstances, and Landlord shall have the right to remedy such a default without notice (if the giving of notice is not reasonably practicable) in the event of an emergency. Landlord’s right to perform Tenant’s obligations pursuant to subsection this Section shall not be deemed to: (bi) impose any obligation on Landlord to do so; (ii) render the Landlord liable to the Tenant or any third party for an election not to do so; (iii) relieve the Tenant from any performance obligation hereunder; (iv) relieve the Tenant from any indemnity obligation as provided in this Lease; or (v) cure Tenant’s default or limit in any manner any of said Section 1951.2. For purposes of computing unpaid Rent that would have accrued Landlord’s rights and become payable remedies under this Lease pursuant including, without limitation, Landlord’s right to terminate the provisions Lease due to such default by Tenant. Upon any Event of Default, Tenant shall pay to Landlord the unamortized amount (i.e., amortized on a straight-line basis over the Initial Term in accordance with generally accepted accounting principles) of the Tenant Improvement Allowance and the Commission(s) and all costs incurred by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (1) obtaining possession of the Premises, (2) removing and storing Tenant’s or any other occupant’s property, (3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (4) if Tenant is dispossessed of the Premises and this Paragraph 20(bLease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), unpaid Rent shall consist (5) performing Tenant’s obligations which Tenant failed to perform, and (6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the sum default. To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the total Base Rent for the balance of the Term, plus a computation of the Additional Charges for the balance of the Term; the assumed Additional Charges for the calendar year of the Default and each future calendar year in the Term shall be equal to the Additional Charges for the calendar year prior to the year state in which the Default occurs compounded at a per annum rate equal Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the mean average rate of inflation for the preceding five (5) calendar years as determined by reference to the Consumer Price Index -- all items for the San Francisco-Oakland-San Xxxx Area, All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor (Base Year 1982-84=100), or such successor index as may be established to provide a measure of the current purchasing power of the dollarparties’ rights and obligations under this Lease.

Landlord Remedies. Upon a Default an Event of this Lease by TenantDefault, Landlord may elect to: (i) terminate this Lease, (ii) terminate Tenant's right of possession of the Premises (but Tenant shall have the following rights and remain liable as hereinafter provided), and/or (iii) pursue any remedies in addition to any other rights or remedies available to Landlord at law or in equity. Upon Lease termination, or termination of Tenant's right of possession, Landlord may re-enter the Premises by any process authorized by law, and remove Tenant, and all persons and property therefrom. If Landlord terminates this Lease, Landlord may recover from Tenant the sum of: The rights (a) all Monthly Base Rent, FOE, Monthly Taxes, and remedies provided all other amounts payable by California Civil Code, Section 1951.2 or successor code sectionTenant which have accrued up to termination; (b) the cost of reletting the Premises, including but not limited the unamortized leasing commissions, costs of removing and storing property, and costs of repairing or altering the Premises in order to re-lease the right to recover from Tenant: Premises; (Ac) reasonable attorneys' fees and court costs; and (d) the worth at the time of award excess of the unpaid Rent then present value of the Monthly Base Rent, Monthly Taxes, FOE, and other amounts which had been earned at the time of termination; (B) the worth at the time of award of the amount payable 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; (C) 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 CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. proves could be reasonably avoided; and (D) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or whichapplicable to the period following the termination of this Lease through the Expiration Date, in over the ordinary course present value of thingsany amounts which Tenant establishes Landlord can reasonably expect to recover by reletting the Premises during such period, would be likely to result therefromtaking into consideration the availability of acceptable tenants consistent with Landlord’s leasing criteria and other market conditions. The “worth at the time of award” of the amounts referred to in (A) and (B) Such present values shall be computed with interest at eighteen percent (18%) per annum or the highest lawful rate, whichever is the lower. The “worth at the time of award” of the amount referred to in (C) shall be computed by discounting such amount at the “discount rate” of the Federal Reserve Bank of San Francisco in effect as of time of award plus one percent (1%) and, where rental value is a material issue, shall be based upon competent appraisal evidence. Recovery of the worth at the time of award of the amount by which the unpaid Base Rent and Additional Charges for the balance of the Term after the time of award exceeds the amount of rental loss for the same period that the Tenant proves could be reasonably avoided shall be computed pursuant to subsection (b) of said Section 1951.2. For purposes of computing unpaid Rent that would have accrued and become payable under this Lease pursuant to the provisions of this Paragraph 20(b), unpaid Rent shall consist of the sum of the total Base Rent for the balance of the Term, plus a computation of the Additional Charges for the balance of the Term; the assumed Additional Charges for the calendar year of the Default and each future calendar year in the Term shall be equal to the Additional Charges for the calendar year prior to the year in which the Default occurs compounded calculated at a per annum discount rate equal to the mean average 90-day U.S. Treasury bill rate of inflation for at the preceding five (5) calendar years as determined by reference to the Consumer Price Index -- all items for the San Francisco-Oakland-San Xxxx Area, All Urban Consumers, published by the Bureau of Labor Statistics date of the United States Department of Labor (Base Year 1982-84=100), or such successor index as may be established to provide a measure of the current purchasing power of the dollartermination.