Common use of Lease Termination Damages Clause in Contracts

Lease Termination Damages. If Landlord elects to terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “worth at the time of award” of the amounts referred to in Sections 13.3(a) and 13.3(b) is computed by allowing interest at the Interest Rate on the unpaid rent and other sums due and payable from the termination date through the date of award. The “worth at the time of award” of the amount referred to in Section 13.3(c) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to may terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. which event Tenant shall immediately vacate surrender the Premises and deliver possession to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy it may repossess have for possession or arrearages in Rent, enter upon and take possession of the Premises and may, at Tenant’s sole cost, expel or remove any of Tenant’s signs Tenant and any of its other propertyperson who may be occupying the Premises or any part thereof, without relinquishing its right to receive Rent being liable for prosecution or any other right against Tenant. On termination, claim or damages therefor; and Landlord has the right to may recover from Tenant as damagesthe following: (a) The worth at the time of award of the unpaid Rent and other sums due and payable which had has been earned at the time of such termination; plus (b) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable which would have been earned after termination until the time of award exceeds the amount of such Rent rental loss that Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable for the balance of the Term after the time of award exceeds the amount of such Rent loss that Tenant proves could be have been reasonably avoided; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform Tenant’s its obligations under this Lease, hereunder or which, which in the ordinary course of things, things would be likely to result therefrom, includingincluding brokerage commissions, without limitationadvertising expenses, expenses of remodeling any costs or expenses incurred by Landlord: (i) in retaking possession portion of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant (whether for the same or tenants; (iii) for leasing commissions; or (iv) for a different use), and any other costs necessary or appropriate special concessions made to relet the Premisesobtain a new tenant; plus (e) At Landlord’s electionoption, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Law, including the laws right to recover from Tenant the worth at the time of award of the State amount by which the unpaid Rent for the balance of Californiathe Term after the time of award exceeds the amount of such rent loss that the Tenant proves could have been reasonably avoided. The As used in Sections 12.4(a) and (b), the “worth at the time of award” of the amounts referred to in Sections 13.3(a) and 13.3(b) is shall be computed by allowing interest at a rate per annum equal to the Interest Rate lesser of (a) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication G.13(415), published on the unpaid rent and first Tuesday of each calendar month (or such other sums due and payable from comparable index as Landlord shall reasonably designate if such rate ceases to be published) plus two (2) percentage points, or (b) the termination date through highest rate permitted by Law. As used in Section 12.4(c), the date of award. The “worth at the time of award” of the amount referred to in Section 13.3(c) is shall be 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s 's sole cost, remove any of Tenant’s 's signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e) At Landlord’s 's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a) and 13.3(b) is computed by allowing interest at the Interest Rate on the unpaid rent and other sums due and payable from the termination date through the date of award. The “"worth at the time of award” " of the amount referred to in Section 13.3(c) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to may terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. which event Tenant shall immediately vacate surrender the Premises and deliver possession to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy it may repossess have for possession or arrearages in Rent, enter upon and take possession of the Premises and may, at Tenant’s sole cost, expel or remove any of Tenant’s signs Tenant and any of its other propertyperson who may be occupying the Premises or any part thereof, without relinquishing its right to receive Rent being liable for prosecution or any other right against Tenant. On termination, claim or damages therefor; and Landlord has the right to may recover from Tenant as damagesthe following: (a) The worth at the time of award of the unpaid Rent and other sums due and payable which had has been earned at the time of such termination; plus (b) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable which would have been earned after termination until the time of award exceeds the amount of such Rent rental loss that Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable for the balance of the Term after the time of award exceeds the amount of such Rent loss that Tenant proves could be have been reasonably avoided; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s its obligations under this Lease, hereunder or which, which in the ordinary course of things, things would be likely to result therefrom, includingincluding brokerage commissions, without limitationadvertising expenses, expenses of remodeling any costs or expenses incurred by Landlord: (i) in retaking possession portion of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant (whether for the same or tenants; (iii) for leasing commissions; or (iv) for a different use), and any other costs necessary or appropriate special concessions made to relet the Premisesobtain a new tenant; plus (e) At Landlord’s election's option, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Law, including the laws right to recover from Tenant the worth at the time of award of the State amount by which the unpaid Rent for the balance of Californiathe Term after the time of award exceeds the amount of such rent loss that the Tenant proves could have been reasonably avoided. The “As used in Sections 12.4(a) and (b), the "worth at the time of award” of the amounts referred to in Sections 13.3(a) and 13.3(b) is " shall be computed by allowing interest at a rate per annum equal to the Interest Rate lesser of (a) the annual "Bank Prime Loan" rate cited in the Federal Reserve Statistical Release Publication G.13(415), published on the unpaid rent and first Tuesday of each calendar month (or such other sums due and payable from comparable index as Landlord shall reasonably designate if such rate ceases to be published) plus two (2) percentage points, or (b) the termination date through highest rate permitted by Law. As used in Section 12.4(c), the date of award. The “"worth at the time of award” of the amount referred to in Section 13.3(c) is " shall be 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to ------------------------- terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s 's sole cost, remove any of Tenant’s 's signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (ai) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (bii) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (ciii) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (div) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (ev) At Landlord’s 's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a14C(1) and 13.3(b14C(2) is computed by allowing interest at the Interest Rate maximum rate permitted by law on the unpaid rent and other sums due and payable from the termination date through the date of award. The “"worth at the time of award” " of the amount referred to in Section 13.3(c14C(3) 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 (11 %). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any Event default of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a) 1. The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b) 2. The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c) 3. The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d) 4. Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e) 5. At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “worth at the time of award” of the amounts referred to in Sections 13.3(a13.C(1) and 13.3(b13.C(2) is computed by allowing interest at the Interest Rate on the unpaid rent and other sums due and payable from the termination date through the date of award. The “worth at the time of award” of the amount referred to in Section 13.3(c13.C(3) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event default of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to terminate this ------------------------- Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s 's sole cost, remove any of Tenant’s 's signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a1) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b2) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c3) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e5) At Landlord’s 's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a14.C(1) and 13.3(b14C(2) is computed by allowing interest at the Interest Rate maximum rate permitted by law on the unpaid rent and other sums due and payable from the termination date through the date of award. The “"worth at the time of award” " of the amount referred to in Section 13.3(c14.C(3) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any Event default of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to terminate this --------------------------- Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s 's sole cost, remove any of Tenant’s 's signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e) At Landlord’s 's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a) and 13.3(b) is computed by allowing interest at the Interest Rate on the unpaid rent and other sums due and payable from the termination date through the date of award. The “"worth at the time of award” " of the amount referred to in Section 13.3(c) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to ------------------------- terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s 's sole cost, remove any of Tenant’s 's signs and any of its other propertyproperty in a reasonable manner, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a1) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b2) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c3) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e5) At Landlord’s 's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a14C(1) and 13.3(b14C(2) is computed by allowing interest at the Interest Rate maximum rate permitted by law on the unpaid rent and other sums due and payable from the termination date through the date of award. The “"worth at the time of award” " of the amount referred to in Section 13.3(c14C(3) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any Event default of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s 's sole cost, remove any of Tenant’s 's signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a1) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b2) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c3) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s 's obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting re-letting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet re-let the Premises; plus (e5) At Landlord’s 's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a15.C (1) and 13.3(b15.C (2) is computed by allowing interest at the Interest Rate maximum rate permitted by law on the unpaid rent and other sums due and payable from the termination date through the date of award. The “"worth at the time of award” " of the amount referred to in Section 13.3(c15.C (3) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any Event default of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a1) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b2) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c3) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting re-letting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet re-let the Premises; plus (e5) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “worth at the time of award” of the amounts referred to in Sections 13.3(a15.C (l) and 13.3(b15.C (2) is computed by allowing interest at the Interest Rate maximum rate permitted by law on the unpaid rent and other sums due and payable from the termination date through the date of award. The “worth at the time of award” of the amount referred to in Section 13.3(c15.C (3) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any Event default of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to terminate this LeaseLease as provided above, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, notice and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has shall have the right to recover from Tenant as damages: (a) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, but excluding any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises, except to the extent that Landlord incurs any of the costs set forth in (i) — (iv) earlier than it would have in the absence of Tenant’s default; plus (e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “worth at the time of award” of the amounts referred to in Sections 13.3(a) and 13.3(b) is computed by allowing interest at the Interest Rate on the unpaid rent and other sums due and payable from the termination date through the date of award. The “worth at the time of award” of the amount referred to in Section 13.3(c) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Except as otherwise provided in Section 13C, if Tenant abandons the Premises prior to the end of the Term hereof, or if Tenant’s right to possession is terminated by Landlord elects to terminate because of a default by Tenant under this Lease, then this Lease shall terminate on the date for termination set forth in terminate. Upon such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to may recover from Tenant the following, as damages: provided in Section 1951.2 of the California Civil Code: (ai) The the worth at the time of award of the unpaid Rent and other sums due and payable which charges under this Lease that had been earned at the time of termination; plus (bii) The the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable charges under this Lease which would have been earned after termination until the time of award exceeds the amount of such Rent rental loss that Tenant proves could have been reasonably avoided; plus (ciii) The the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable charges under this Lease for the balance of the Term term of this Lease after the time of award exceeds the amount of such Rent rental loss that Tenant proves could be have been reasonably avoided; plus and (div) Any any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform Tenant’s its obligations under this Lease, Lease or which, that in the ordinary course of things, things would be likely to result therefrom. As used herein, including, without limitation, any costs or expenses incurred by Landlordthe following terms are defined: (ia) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “worth at the time of award” of the amounts referred to in Sections 13.3(a(i) and 13.3(b(ii) is computed by allowing interest at the Interest Rate on lesser of 15% per annum or the unpaid rent and other sums due and payable from the termination date through the date of awardmaximum lawful rate. The “worth at the time of award” of the amount referred to in Section 13.3(c(iii) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Except as otherwise provided in Section 13C, if Tenant abandons the Premises prior to the end of the term hereof, or if Tenant's right to possession is terminated by Landlord elects to terminate because of a default by Tenant under this Lease, then this Lease shall terminate on the date for termination set forth in terminate. Upon such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to may recover from Tenant the following, as damages: provided in Section 1951.2 of the California Civil Code: (ai) The the worth at the time of award of the unpaid Rent and other sums due and payable which charges under this Lease that had been earned at the time of termination; plus (bii) The the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable charges under this Lease which would have been earned after termination until the time of award exceeds the amount of such Rent rental loss that Tenant proves could have been reasonably avoided; plus (ciii) The the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable charges under this Lease for the balance of the Term term of this Lease after the time of award exceeds the amount of such Rent rental loss that Tenant proves could be have been reasonably avoided; plus and (div) Any any other amount necessary to compensate Landlord for all the detriment proximately caused cause by Tenant’s 's failure to perform Tenant’s its obligations under this Lease, Lease or which, that in the ordinary course of things, things would be likely to result therefrom. As used herein, including, without limitation, any costs or expenses incurred by Landlordthe following terms are defined: (ia) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a(i) and 13.3(b(ii) is computed by allowing interest at the Interest Rate on lesser of 15% per annum or the unpaid rent and other sums due and payable from the termination date through the date of awardmaximum lawful rate. The “"worth at the time of award” " of the amount referred to in Section 13.3(c(iii) is computed by discounting such amount at as the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Landlord elects to terminate this Lease, then this Lease shall terminate on the date for termination set forth in such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, Landlord and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to recover from Tenant as damages: (a1) The worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (b2) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (c3) The worth at the time of award of the amount by which the unpaid Rent and other sums due and payable 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; plus (d4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform Tenant’s obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; and (iii) for leasing commissions; or (iv) for any commissions and other costs necessary or appropriate to relet the PremisesPremises (to the extent allocable to the remainder of the Term); plus (e5) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “worth at the time of award” of the amounts referred to in Sections 13.3(a14C(1) and 13.3(b14C(2) is computed by allowing interest at the Interest Rate maximum rate permitted by law on the unpaid rent and other sums due and payable from the termination date through the date of award. The “worth at the time of award” of the amount referred to in Section 13.3(c14C(3) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any Event default of Default by Tenant hereunder.

Lease Termination Damages. If Except as otherwise provided in Section 13C, if Tenant abandons the Premises prior to the end of the term hereof, or if Tenant's right to possession is terminated by Landlord elects to terminate because of a default by Tenant under this Lease, then this Lease shall terminate on the date for termination set forth in terminate. Upon such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to may recover from Tenant the following, as damages: provided in Section 1951.2 of the California Civil Code: (ai) The the worth at the time of award of the unpaid Rent and other sums due and payable which charges under this Lease that had been earned at the time of termination; plus (bii) The the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable charges under this Lease which would have been earned after termination until the time of award exceeds the amount of such Rent rental loss that Tenant proves could have been reasonably avoided; plus (ciii) The the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable charges under this Lease for the balance of the Term term of this Lease after the time of award exceeds the amount of such Rent rental loss that Tenant proves could be have been reasonably avoided; plus and (div) Any any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s its obligations under this Lease, Lease or which, that in the ordinary course of things, things would be likely to result therefrom. As used herein, including, without limitation, any costs or expenses incurred by Landlordthe following terms are defined: (ia) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a(i) and 13.3(b(ii) is computed by allowing interest at the Interest Rate on lesser of 15% per annum or the unpaid rent and other sums due and payable from the termination date through the date of awardmaximum lawful rate. The “"worth at the time of award” " of the amount referred to in Section 13.3(c(iii) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of Default by Tenant hereunder.

Lease Termination Damages. If Except as otherwise provided in Section 13C, if Tenant abandons the Premises prior to the end of the Term hereof, or if Tenant's right to possession is terminated by Landlord elects to terminate because of a default by Tenant under this Lease, then this Lease shall terminate on the date for termination set forth in terminate. Upon such notice. Tenant shall immediately vacate the Premises and deliver possession to Landlord, and Landlord may repossess the Premises and may, at Tenant’s sole cost, remove any of Tenant’s signs and any of its other property, without relinquishing its right to receive Rent or any other right against Tenant. On termination, Landlord has the right to may recover from Tenant the following, as damages: provided in Section 1951.2 of the California Civil Code: (ai) The the worth at the time of award of the unpaid Rent and other sums due and payable which charges under this Lease that had been earned at the time of termination; plus (bii) The the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable charges under this Lease which would have been earned after termination until the time of award exceeds the amount of such Rent rental loss that Tenant proves could have been reasonably avoided; plus (ciii) The the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable charges under this Lease for the balance of the Term term of this Lease after the time of award exceeds the amount of such Rent rental loss that Tenant proves could be have been reasonably avoided; plus and (div) Any any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s 's failure to perform Tenant’s its obligations under this Lease, Lease or which, that in the ordinary course of things, things would be likely to result therefrom. As used herein, including, without limitation, any costs or expenses incurred by Landlordthe following terms are defined: (ia) in retaking possession of the Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or rehabilitating the Premises or any portion thereof, including such acts for reletting to a new tenant or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to relet the Premises; plus (e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The “"worth at the time of award” " of the amounts referred to in Sections 13.3(a(i) and 13.3(b(ii) is computed by allowing interest at the Interest Rate on lesser of 15% per annum or the unpaid rent and other sums due and payable from the termination date through the date of awardmaximum lawful rate. The “"worth at the time of award” " of the amount referred to in Section 13.3(c(iii) 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%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of shall make a commercially reasonable effort to relet the Premises by reason of any Event of Default by Tenant hereunderand to otherwise mitigate its damages.