Common use of Landlord's Rights upon Default Clause in Contracts

Landlord's Rights upon Default. Upon the occurrence of any of the Events of Default described in Article 14 hereof, or if any such default occurs but Landlord is barred by applicable Law (other than due to Landlord’s acts or omissions) from giving notice to Tenant required by Article 14 of the same, in addition to any other rights or remedies available to Landlord under this Lease, Landlord shall have the right to present the Letter of Credit for payment by the issuing bank and the proceeds thereof shall be due and payable to Landlord in accordance with the terms hereof and the Letter of Credit. Tenant agrees that Landlord may, without waiving any of Landlord’s other rights and remedies under this Lease apply the Security Deposit funds received by Landlord pursuant to the immediately preceding sentence to remedy such Event of Default and to compensate Landlord for any damages incurred as a result thereof. If Landlord uses any portion of the Security Deposit to cure any Event of Default or default by Tenant hereunder in accordance with this Section 40.4, Tenant shall replenish the Security Deposit to the amount required by this Article 40 within ten (10) days following written notice from Landlord in the form of a new or amended Letter of Credit. If Tenant fails to restore the full amount of the Security Deposit required by this Article 40 within such 10-day period, then the amount of such deficiency shall be subject to late interest at the Default Rate. During any period that Landlord is holding the Security Deposit in the form of cash, Landlord shall not be required to keep the Security Deposit separate from its general funds (except as required by applicable Law), and Tenant shall not be entitled to interest on any such deposit. EAST\174041517.9

Landlord's Rights upon Default. Upon In the occurrence of event Tenant fails to pay any rental or other charges due hereunder, or in the event Tenant fails to perform any other of the Events terms, conditions or covenants of Default described in Article 14 hereofthis Lease to be observed or performed by Tenant, or if Tenant shall abandon the Leased Premises, or permit this Lease to be taken under any such writ of execution, each of said events shall constitute a default occurs but Landlord is barred by applicable Law of Tenant. Tenant shall have thirty (30) days after written notice of default, other than due any default in the payment of any monetary obligations, within which to cure the same or failing to cure, the Landlord’s acts or omissions) from giving notice to Tenant required by Article 14 of the same, in addition to any besides other rights or remedies available to Landlord under this Leaseit may have, Landlord shall have any and all ofthe following rights: (a) To re-enter and remove all persons and property from the right Leased Premises, and such property rnay be removed and stored in public warehouse or elsewhere at the cost of and for the account of Tenant, all with service of notice or resort to present legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby Landlord's entry into the Letter Leased Premises shall not be construed a termination of Credit this lease, and this Lease may not be terminated in the event of default except by a written instrument posted by Landlord on the entrance to the Leased Premises. (b) Terminate the Lease and relet the Leased Premises for payment by account of the issuing bank and Landlord or in the proceeds thereof shall be due and payable to Landlord in accordance with the terms hereof and the Letter of Credit. Tenant agrees that Landlord may, without waiving any sole discretion of Landlord’s other rights and remedies under this Lease apply , relet the Security Deposit funds Leased Premises for the account of the Tenant without such termination. In the event that the Leased Premises are let for the account of the Tenant, Tenant shall continue to be liable for the deficiency between the sums actually received by Landlord pursuant to the immediately preceding sentence to remedy such Event of Default and to compensate Landlord for any damages incurred as a result thereof. If Landlord uses any portion of such letting and the Security Deposit to cure any Event of Default or default by sum that would be due for the same period from Tenant hereunder in accordance with this Section 40.4, Tenant shall replenish the Security Deposit according to the amount required by terms of this Article 40 within ten (10) days following written notice from Landlord in the form of a new or amended Letter of Credit. If Tenant fails to restore the full amount of the Security Deposit required by this Article 40 within such 10-day period, then the amount of such deficiency shall be subject to late interest at the Default Rate. During any period that Landlord is holding the Security Deposit in the form of cash, Landlord shall not be required to keep the Security Deposit separate from its general funds (except as required by applicable Law), and Tenant shall not be entitled to interest on any such deposit. EAST\174041517.9Lease.

Landlord's Rights upon Default. Upon (a) This Lease and the occurrence term and estate hereby granted are subject to the limitation that whenever an uncured Event of any Default shall have occurred, Landlord may, at Landlord’s election and without notice or resort to legal process, with or without declaring this Lease ended, re-enter and take possession of the Events Premises immediately and remove all persons and their property therefrom and store such property in a public warehouse or elsewhere at the cost of Default described and for the account of Tenant, and do such further acts as may be necessary and advisable to recover immediate possession of the Premises, without being deemed guilty in Article 14 hereofany manner of trespass and without releasing Tenant from its obligation to pay the Fixed Rent and Additional Payments reserved hereunder, and Tenant shall indemnify Landlord against and shall reimburse Landlord for, all loss of rent and other damages and expenses which Landlord may incur by reason of Tenant’s default, including but not limited to brokerage commissions, advertising expenses, and reasonable legal expenses. (b) Landlord may also re-enter as herein provided, or if any such default occurs but Landlord is barred by applicable Law (other than due take possession pursuant to Landlord’s acts or omissions) law, and may, from giving notice time to Tenant required by Article 14 of the sametime, in addition to any other rights or remedies available to Landlord under without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and Landlord shall have may relet the right to present Premises or any part thereof for such term or terms (which may be for a term extending beyond the Letter term of Credit for payment by the issuing bank this Lease) and the proceeds thereof shall be due at such rental or rentals and payable to upon such other terms, covenants and conditions as Landlord in accordance with the terms hereof and the Letter of Credit. Tenant agrees that Landlord may, without waiving any of Landlord’s other rights and remedies under sole discretion may deem advisable without in any manner releasing Tenant from the obligations of this Lease apply the Security Deposit funds received or entitling Tenant to any setoff whatsoever against any monies due Landlord from Tenant for any reason. (c) Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous uncured Event of Default. (d) Any steps taken by Landlord pursuant to the immediately preceding sentence to remedy such Event of Default and to compensate Landlord for any damages incurred as a result thereof. If Landlord uses any portion of the Security Deposit to cure any Event of Default or default by Tenant hereunder in accordance with this Section 40.4, Tenant shall replenish the Security Deposit to the amount required by this Article 40 within ten (10) days following written notice from Landlord in the form of a new or amended Letter of Credit. If Tenant fails to restore the full amount of the Security Deposit required by this Article 40 within such 10-day period, then the amount of such deficiency foregoing shall be subject to late interest at the Default Rate. During any period that Landlord is holding the Security Deposit in the form of cashwithout prejudice to, Landlord and shall not be required exclusive of, any other remedies or damage, which may be available to keep the Security Deposit separate from its general funds (except as required by applicable Law), and Tenant shall not be entitled to interest on any such deposit. EAST\174041517.9Landlord.

Landlord's Rights upon Default. A. Upon a Default the occurrence of any of the Events of Default described in Article 14 hereofLandlord may, or if any such default occurs but Landlord is barred by applicable Law (other than due to Landlord’s acts or omissions) from giving notice to Tenant required by Article 14 of the sameat its option, and in addition to such other rights and remedies as the Landlord may have at law or in equity, at any time after such occurrence: (i) terminate this Ground Lease by written notice to the Tenant, whereupon this Ground Lease shall end, provided that such termination of this Ground Lease shall not relieve the Tenant of its liabilities and obligations under this Ground Lease; or (ii) elect to declare the entire Net Minimum Rent for the balance of the term immediately due and payable in which event Tenant shall be liable for the difference between the present value of all such Net Minimum Rent less the present value of the fair rental value of the Premises for the balance of the term, all reduced to present value at the rate of twelve (12%) percent per annum; or (iii) as the Tenant's agent, without terminating this Ground Lease, enter upon and rent the Premises at the best price obtainable by reasonable effort, with or without advertisement, and by private negotiation, for any term the Landlord deems proper; and the Tenant shall remain liable to the Landlord for the deficiency, if any, between the rental and other sums payable by the Tenant hereunder and the rent obtained by the Landlord on reletting, after deducting any attorneys' fees, commissions and other expenses paid by the Landlord with respect to such reletting. The Landlord shall in no way be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon such reletting; or (iv) to re-enter and remove all persons and property from the Premises in accordance with Florida law, and such property may be removed and disposed of or stored in a public warehouse or elsewhere at the cost of and for the account of the Tenant, and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding anything to the contrary contained in this Ground Lease, the Landlord shall not re-enter or retake possession of the Premises except pursuant to all lawful process. Any valuables, personalty or other property of the Tenant's clients, customers or beneficiaries who have subtenant rights pursuant to Section 9.02 above shall not be deemed to be the property of the Tenant under the Ground Lease, and the Landlord shall have no claims, rights, liens or interests therein. B. Notwithstanding the foregoing, no termination of this Ground Lease or summary proceedings, abandonment or vacancy shall relieve the Tenant of its liability and obligation under this Ground Lease, whether or not the Premises shall be relet. Nothing contained herein shall limit the Landlord's right to exercise any or all other rights or remedies available to Landlord under this Leaseat law or in equity, Landlord shall have including, without limitation, the right to present the Letter restraining orders, injunctions, decrees of Credit for payment by the issuing bank and the proceeds thereof shall be due and payable to Landlord in accordance with the terms hereof and the Letter of Credit. Tenant agrees that Landlord mayspecific performance, without waiving any of Landlord’s other rights and remedies under this Lease apply the Security Deposit funds received by Landlord pursuant to the immediately preceding sentence to remedy such Event of Default and to compensate have a receiver appointed to take possession of the Premises. No delay or omission of the Landlord for to exercise any damages incurred right, power or remedy arising from any omission, neglect or default of the Tenant shall impair any such right, power or remedy or be construed as a result thereof. If Landlord uses any portion waiver of the Security Deposit to cure any Event of Default or default by Tenant hereunder in accordance with this Section 40.4, Tenant shall replenish the Security Deposit to the amount required by this Article 40 within ten (10) days following written notice from Landlord in the form of a new or amended Letter of Credit. If Tenant fails to restore the full amount of the Security Deposit required by this Article 40 within such 10-day period, then the amount of such deficiency shall be subject to late interest at the Default Rate. During any period that Landlord is holding the Security Deposit in the form of cash, Landlord shall not be required to keep the Security Deposit separate from its general funds (except as required by applicable Law), and Tenant shall not be entitled to interest on any such deposit. EAST\174041517.9default or any acquiescence therein.

Landlord's Rights upon Default. (a) A Default as defined in Section 13.2 having occurred, then and in any such event Landlord shall have the right, at its election, to pursue either of the following remedies: (i) As Tenant's legal representative, without terminating this Lease, to take any action necessary to preserve or maintain the property, to enter upon and rent the Premises at the best price obtainable by reasonable effort without advertisement and by private negotiations and for any term and on such conditions as Landlord deems proper. Upon each such reletting, all rentals received by Landlord shall be applied first, to the occurrence payment of any of the Events of Default described in Article 14 hereof, or if any such default occurs but Landlord is barred by applicable Law (indebtedness other than Rent due hereunder from Tenant to Landlord’s acts ; second, to the payment of any loss and expense of such reletting, including brokerage fees and attorneys fees and costs of any alterations or omissionsrepairs; third, to the payment of Rent due and unpaid hereunder; and the residues if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. Tenant shall remain liable to Landlord for the deficiency, if any, between Tenant's Rent hereunder and rent obtained by Landlord on reletting; and (ii) from giving To terminate this Lease by written notice, which notice shall state the date as of which this Lease is thereby terminated, which date shall not be earlier than the date of such notice, and to Tenant required by Article 14 enter into and upon the Premises and take possession of the same, and the Landlord may hold and retain said Premises as of its first or former estate. The election by Landlord to pursue the remedy set forth in Paragraph 13.4(a)(i) above shall in no way preclude Landlord from thereafter exercising its right to terminate this Lease pursuant to this Paragraph 13.4(a)(ii). (b) Should Landlord at any time terminate this Lease for any breach and/or abandonment, in addition to any other rights remedies Landlord may have at law, in equity or under this Agreement, Landlord may recover including, without limitation, any unpaid Rent and charges equivalent to rent having accrued plus interest; all costs associated with recovering and/or reletting the Premises; all costs associated with performing Tenant's obligations hereunder; and the worth at the time of such termination of all Rent and charges equivalent to rent lost over the remainder of the Term. (c) Pursuit of any of the foregoing remedies available shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent due to Landlord under this Lease, Landlord shall have the right to present the Letter hereunder or of Credit for payment by the issuing bank and the proceeds thereof shall be due and payable any damages accruing to Landlord in accordance with by reason of the terms hereof violation of any of the terms, provisions and covenants herein contained. Forbearance by Landlord to enforce one or more of the Letter remedies herein provided upon an Event of Credit. Tenant agrees that Landlord may, without waiving Default shall not be deemed or construed to constitute a waiver of any of Landlord’s other 's rights and remedies under this Lease apply the Security Deposit funds received by Landlord pursuant to the immediately preceding sentence to remedy such Event of Default and to compensate Landlord for any damages incurred as a result thereof. If Landlord uses any portion of the Security Deposit to cure any Event of Default or default by Tenant hereunder in accordance with this Section 40.4, Tenant shall replenish the Security Deposit to the amount required by this Article 40 within ten (10) days following written notice from Landlord in the form of a new or amended Letter of Credit. If Tenant fails to restore the full amount of the Security Deposit required by this Article 40 within such 10-day period, then the amount of such deficiency shall be subject to late interest at the Default Rate. During any period that Landlord is holding the Security Deposit in the form of cash, Landlord shall not be required to keep the Security Deposit separate from its general funds (except as required by applicable Law), and Tenant shall not be entitled to interest on any such deposit. EAST\174041517.9hereunder.

Landlord's Rights upon Default. In the event of the failure of Tenant to pay rent or any other amount due under the terms of this Lease as herein provided or upon the breach of any other condition, term or covenant herein contained on the part of Tenant to be kept and performed, each term, condition and covenant hereof being a material part of the consideration for Landlord’s entry into this Lease, Landlord may, at his option, five (5) days after Tenant’s receipt of written notice cure said breach after the giving of any required notice and the expiration of any applicable cure or grace period, A. Terminate this Lease and thereupon re enter and take possession thereof, ousting all persons therefrom; B. Elect not to terminate Tenant’s possession of the premises hereunder, and enforce all of his rights and remedies including, without limitation, the right to recover rent as it becomes due. For purposes of this paragraph, the following do not constitute a termination of Tenant’s possession: (1) Acts of maintenance or preservation or efforts to re let the property; and (2) The appointment of a receiver on the initiative of Landlord to protect his interest under this Lease. Upon any re-entry by Landlord by any means, Landlord may, at his election, re let or re lease said premises, without notice to Tenant, for such rent, for such time and upon such terms as Landlord, in his full discretion, shall see fit. C. In the occurrence event that this Lease shall be terminated as provided in this Section, Landlord may recover from Tenant: (1) The worth at the time of award of the unpaid rent, which has been earned at the time of termination; (2) The worth at the time of award by which the unpaid rent which would have been earned after termination, until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (3) 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 rental loss for such period that Tenant proves could be reasonably avoided; and (4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by the Tenant’s failure to perform his obligations under this Lease, or which in the ordinary course of things would be likely to result therefrom, including without limitation all expenses of regaining possession of said premises, or repairing said premises and remodeling or removing all alterations made by Tenant, and re letting the premises including leasing fees. The “worth at the time of award” of the amounts referred to in subparagraphs C(l) and C(2) above is computed by allowing interest at the rate of ten percent (10%) per annum. The “worth at the time of award” of the amount referred to in subparagraph C(3) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). D. Efforts by Landlord to mitigate the damages caused by Tenant’s breach of this Lease do not waive Landlord’s right to recover damages under this article. Nothing in this article affects the right of Landlord to indemnification for liability arising prior to the termination of this Lease for personal injuries or property damage as provided in paragraph 29 hereof. Any re entry by Landlord as herein permitted shall be construed to be under Tenant’s direction and Tenant agrees to hold Landlord harmless from all claim or damage to property or injury to persons caused thereby. E. Any property belonging to Tenant or any person holding by, through or under him, or otherwise found upon the demised premises, may be removed therefrom and stored in any public warehouse at the cost of and for the account of Tenant. If Tenant abandons, vacates or surrenders said premises or is dispossessed by process of law, any personal property left upon said premises shall be deemed abandoned at the option of Landlord. The commencement of any action for any remedy herein reserved by Landlord and the prosecution thereof to judgment shall not be deemed an election on the part of Landlord unless and until said judgment is fully satisfied and discharged. F. In the event Landlord is involuntarily made a party to any litigation concerning this Lease or the demised premises by reason of any act or omission by Tenant, Tenant promises to hold Landlord harmless from all liability, including reasonable attorneys’ fees incurred by Landlord in such litigation, and in the event Landlord brings an action against Tenant to enforce any of the Events terms of Default described in Article 14 hereofthis Lease, or if any such default occurs but Landlord is barred by applicable Law (other than due to Landlord’s acts or omissions) from giving notice to Tenant required by Article 14 commences an action under the provisions of the sameunlawful detainer act for forfeiture of the Lease, or for possession of the premises, or both, Tenant agrees to pay to Landlord a reasonable attorney’s fee if Landlord prevails in addition to any other rights or remedies available such action. G. Ten percent (10%) per annum interest will be charged on all monies due from Tenant to Landlord under this Lease, Landlord shall have Lease from the right to present the Letter of Credit for payment by the issuing bank and the proceeds thereof shall be due and payable to Landlord in accordance with the terms hereof and the Letter of Credit. Tenant agrees that Landlord may, without waiving any of Landlord’s other rights and remedies under this Lease apply the Security Deposit funds received by Landlord pursuant to the immediately preceding sentence to remedy such Event of Default and to compensate Landlord for any damages incurred as a result thereof. If Landlord uses any portion of the Security Deposit to cure any Event of Default or default by Tenant hereunder in accordance with this Section 40.4, Tenant shall replenish the Security Deposit to the amount required by this Article 40 within ten (10) days following written notice from Landlord in the form of a new or amended Letter of Credit. If Tenant fails to restore the full amount of the Security Deposit required by this Article 40 within such 10-day period, then the amount of such deficiency shall be subject to late interest at the Default Rate. During any period that Landlord is holding the Security Deposit in the form of cash, Landlord shall not be required to keep the Security Deposit separate from its general funds (except as required by applicable Law), and Tenant shall not be entitled to interest on any such deposit. EAST\174041517.9date due.

Landlord's Rights upon Default. Upon the occurrence of any (a) Each of the Events following events, at the option of Default described in Article 14 hereofLessor, shall constitute a default and breach of this Lease by Lessee: (i) if Lessee shall fail to pay Lessor any rent or if any such default occurs but Landlord is barred by applicable Law (other than due to Landlord’s acts or omissions) from giving notice to Tenant required by Article 14 of the same, in addition to any other rights or remedies available to Landlord amount due under this Lease, Landlord within five (5) days after the due date therefor; (ii) if Lessee shall have the right fail to present the Letter of Credit for payment by the issuing bank and the proceeds thereof shall be due and payable to Landlord in accordance perform or comply with the terms hereof and the Letter of Credit. Tenant agrees that Landlord may, without waiving any of Landlord’s the other rights and remedies under terms or conditions of this Lease apply the Security Deposit funds received by Landlord pursuant to the immediately preceding sentence to remedy such Event of Default and to compensate Landlord for any damages incurred as a result thereof. If Landlord uses any portion of the Security Deposit to cure any Event of Default or default by Tenant hereunder in accordance with this Section 40.4, Tenant shall replenish the Security Deposit to the amount required by this Article 40 within ten (10) days following written after notice from Landlord by Lessor to Lessee specifying the term or condition to be performed or complied with; (iii) if any proceedings are commenced by or against Lessee in any court under any bankruptcy or insolvency act or statute, or for the form appointment of a new trustee or amended Letter receiver of CreditLessee's property; or (iv) if the Leased Premises shall be deserted or vacated for more than five (5) days. If Tenant fails In the event of any default hereunder, Lessor may, at any time thereafter and without notice (and without prejudice to restore the full amount any other remedy available to Lessor), pursue any one or more of the Security Deposit required by following remedies: (i) Terminate this Article 40 within Lease at its option and re-enter and repossess the Leased Premises and dispossess and remove therefrom Lessee, or any other occupants thereof, and their effects, without being liable for any prosecution therefor. In such 10-day periodevent, then Lessee shall be liable to Lessor, immediately and upon demand, for the amount of all loss and damages suffered by Lessor by reason of such deficiency termination, whether caused by the inability to relet the Leased Premises on satisfactory terms or otherwise; (ii) Enter upon and take possession of the Leased Premises without terminating this Lease and without relieving Lessee of Lessee's obligations to make all payments of rent and all other sums owed hereunder. In such event, Lessor may dispossess and remove therefrom Lessee, or any other occupants thereof, and their effects, without being liable for any prosection therefor; and Lessor may, at its opinion, relet the Leased Premises or any part thereof, as the agent of Lessee, and Lessee shall, immediately and upon demand, pay the difference between the rent and other costs and charges herein reserved and agreed to be paid by Lessee for the portion of the term remaining at the time of re-entry or repossession and the amount, if any, received or to be received under such reletting for such portion of the term; or (iii) Exercise all other rights and remedies available to Lessor hereunder and at law or in equity. All actions taken by Landlord pursuant to this Section shall be subject without prejudice to late interest any other remedies that otherwise might be available under this Lease or applicable law. (b) Any property which may be removed from the Leased Premises by Lessor pursuant to the authority of this Lease or of law, to which Lessee is or may be entitled, may be handled, removed or stored by Lessor at the Default Raterisk, cost and the expense of Lessee, and Lessor shall in no event be responsible for the value, preservation or safekeeping thereof. During Lessee shall pay to Lessor, upon demand, any period that Landlord is holding and all expenses incurred in such removal and all storage charges against such property so long as the Security Deposit same shall be in Lessor's possession or under Lessor's control. Any such property of Lessee not retaken from storage by Lessee within thirty (30) days after the end of the lease term, however terminated, shall be conclusively presumed to have been conveyed by Lessee to Lessor under this Lease as a xxxx of sale. (c) In the event Lessee defaults in the form performance of cashany of the terms, Landlord covenants, agreements or conditions contained in this Lease and Lessor places the enforcement of this Lease, or any part thereof, or the collection of any sums due or to become due hereunder, or recovery of the possession of the Leased Premises, in the hands of an attorney, or files suit upon the same, Lessee agrees to pay Lessor's reasonable attorneys' fees. (d) Failure of Lessor to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not be required waive such default, but Lessor shall have the right to keep the Security Deposit separate from its general funds (except as required by applicable Law), and Tenant shall not be entitled to interest on declare any such deposit. EAST\174041517.9default at any time and take such action as might be lawful or authorized hereunder, either at law or in equity.

Landlord's Rights upon Default. In the event of the failure of Tenant to pay rent or any other amount due under the terms of this Lease as herein provided or upon the breach of any other condition, term or covenant herein contained on the part of Tenant to be kept and performed, each term, condition and covenant hereof being a material part of the consideration for Landlord’s entry into this Lease, Landlord may, at his option, five (5) days after Tenant’s receipt of written notice cure said breach after the giving of any required notice and the expiration of any applicable cure or grace period, A. Terminate this Lease and thereupon re enter and take possession thereof, ousting all persons therefrom; B. Elect not to terminate Tenant’s possession of the premises hereunder, and enforce all of his rights and remedies including, without limitation, the right to recover rent as it becomes due. For purposes of this paragraph, the following do not constitute a termination of Tenant’s possession: (1) Acts of maintenance or preservation or efforts to re let the property; and (2) The appointment of a receiver on the initiative of Landlord to protect his interest under this Lease. Upon any re-entry by Landlord by any means, Landlord may, at his election, re let or re lease said premises, without notice to Tenant, for such rent, for such time and upon such terms as Landlord, in his full discretion, shall see fit. C. In the occurrence event that this Lease shall be terminated as provided in this Section, Landlord may recover from Tenant: (1) The worth at the time of award of the unpaid rent, which has been earned at the time of termination; (2) The worth at the time of award by which the unpaid rent which would have been earned after termination, until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (3) 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 rental loss for such period that Tenant proves could be reasonably avoided; and (4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by the Tenant’s failure to perform his obligations under this Lease, or which in the ordinary course of things would be likely to result therefrom, including without limitation all expenses of regaining possession of said premises, or repairing said premises and remodeling or removing all alterations made by Tenant, and re letting the premises including leasing fees. The “worth at the time of award” of the amounts referred to in subparagraphs C(l) and C(2) above is computed by allowing interest at the rate of ten percent (10%) per annum. The “worth at the time of award” of the amount referred to in subparagraph C(3) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). D. Efforts by Landlord to mitigate the damages caused by Tenant’s breach of this Lease do not waive Landlord’s right to recover damages under this article. Nothing in this article affects the right of Landlord to indemnification for liability arising prior to the termination of this Lease for personal injuries or property damage as provided in paragraph 29 hereof. Any re entry by Landlord as herein permitted shall be construed to be under Tenant’s direction and Tenant agrees to hold Landlord harmless from all claim or damage to property or injury to persons caused thereby. E. Any property belonging to Tenant or any person holding by, through or under him, or otherwise found upon the demised premises, may be removed therefrom and stored in any public warehouse at the cost of and for the account of Tenant. If Tenant abandons, vacates or surrenders said premises or is dispossessed by process of law, any personal property left upon said premises shall be deemed abandoned at the option of Landlord. The commencement of any action for any remedy herein reserved by Landlord and the prosecution thereof to judgment shall not be deemed an election on the part of Landlord unless and until said judgment is fully satisfied and discharged. F. In the event Landlord is involuntarily made a party to any litigation concerning this Lease or the demised premises by reason of any act or omission by Tenant, Tenant promises to hold Landlord harmless from all liability, including reasonable attorneys’ fees incurred by Landlord in such litigation, and in the event Landlord brings an action against Tenant to enforce any of the Events terms of Default described in Article 14 hereofthis Lease, or if any such default occurs but Landlord is barred by applicable Law (other than due to Landlord’s acts or omissions) from giving notice to Tenant required by Article 14 commences an action under the provisions of the sameunlawful detainer act for forfeiture of the Lease, or for possession of the premises, or both, Tenant agrees to pay to Landlord a reasonable attorney’s fee if Landlord prevails in addition to any other rights or remedies available such action. G. Ten percent (10%) per annum interest will be charged on all monies due from Tenant to Landlord under this Lease, Landlord shall have Lease from the right to present the Letter of Credit for payment by the issuing bank and the proceeds thereof shall be due and payable to Landlord in accordance with the terms hereof and the Letter of Credit. Tenant agrees that Landlord may, without waiving any of Landlord’s other rights and remedies under this Lease apply the Security Deposit funds received by Landlord pursuant to the immediately preceding sentence to remedy such Event of Default and to compensate Landlord for any damages incurred as a result thereof. If Landlord uses any portion of the Security Deposit to cure any Event of Default or default by Tenant hereunder in accordance with this Section 40.4, Tenant shall replenish the Security Deposit to the amount required by this Article 40 within ten (10) days following written notice from Landlord in the form of a new or amended Letter of Credit. If Tenant fails to restore the full amount of the Security Deposit required by this Article 40 within such 10-day period, then the amount of such deficiency shall be subject to late interest at the Default Rate. During any period that Landlord is holding the Security Deposit in the form of cash, Landlord shall not be required to keep the Security Deposit separate from its general funds (except as required by applicable Law), and Tenant shall not be entitled to interest on any such deposit. EAST\174041517.9date due.