Common use of Recovery of Rent; Reletting Clause in Contracts

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant or if Landlord elects to either reenter as provided for in this Lease or take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), below, this Lease shall continue in effect, and Landlord may enforce all its rights and remedies under this Lease, including Landlord’s right to recover all Rent as it becomes due and/or to relet all or part of the Premises for lease term(s), Rent on such terms as are commercially reasonable. Alterations, acts of maintenance or preservation, efforts to relet the Premises, the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If Landlord elects to relet, the Rent received by Landlord from reletting shall be applied in the following order: (1) to the payment of any indebtedness other than Rent due hereunder from Tenant; (2) to the payment of any reasonable cost of reletting, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) to the payment of Rent due and unpaid hereunder; and (5) any residue shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If the portion of Rent received under clause (b) (4) is less than the Rent payable during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord immediately upon demand. Tenant shall also pay to Landlord when ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25 .3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25 .1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s 's right from time to time, without terminating this Lease,to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesLeased Premises ; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesLeased Premises ; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesPremises ; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant or if Landlord elects to either reenter as provided for in this Lease or take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if If Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesLeased Premises ; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant or if Landlord elects to either reenter as provided for in this Lease Section 25.2 or take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1, this Lease shall continue in effect, and Landlord may enforce all its rights and remedies under this Lease, including Landlord’s 's right from time to time, without terminating this Lease, to either recover all Rent as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such Rent and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. (b) If Landlord elects to relet, the Rent received by Landlord from reletting shall be applied in the following order: : (1) to the payment of any indebtedness other than Rent due hereunder from Tenant; (2) to the payment of JRM WFM ------------------- ----------------- Landlord's Initials Tenant's Initials any reasonable cost of reletting, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) to the payment of Rent due and unpaid hereunder; and (5) any residue shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If the portion of Rent received under clause (b) (4) is less than the Rent payable during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord immediately upon demand. Tenant shall also pay to Landlord when ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code ("Code") Section 1951.4 (Landlord may continue Lease in effect after Tenant's breach and abandonment and recover Rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) Lessor may continue Lease in effect after Xxxxxx’s breach and abandonment and recover rent as it becomes due. In the event of the abandonment of the Leased Premises by Tenant Xxxxxx, or if Landlord elects in the event that Lessor shall elect to either reenter as provided for in this Lease Section 30.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c), belowSection 30.1 above, this Lease shall continue in effecteffect for so long as Lessor does not terminate Lessee’s right to possession, and Landlord Lessor may enforce all its rights and remedies under this Lease, including Landlordincluding, without limitation, Lessor’s right from, time to time, without terminating this Lease, to either recover all Rent Rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable, with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord Lessor or other legal proceeding granting Landlord Lessor or its agent possession to protect LandlordXxxxxx’s interest under this Lease shall not constitute a termination of TenantXxxxxx’s right to possession. (b) If Landlord elects In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesLeased Premises ; (4) fourth, to the payment of Rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Xxxxxx and applied in payment of future Rent as the same may become due and payable hereunder. If the Should that portion of such rentals received from such reletting during any month, which is applied by the payment of Rent received under clause (b) (4) is hereunder, be less than the Rent payable during that month by Tenant Lessee hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand therefor by Xxxxxx. Tenant Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor, as soon as ascertained, any reasonable costs and expenses incurred by Landlord Lessor in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such relettingreletting so long as such amount does not exceed the unamortized monies spent in the original Lease between Lessor and Lessee. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantXxxxxx, Landlord Lessor may at any time after such reletting elect to terminate this Lease for any such default.

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s 's right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following order: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to either reenter re-enter as provided for in this Lease Section 17.3 above, or shall take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by lawApplicable Laws, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 17.2 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If . In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) . No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default Default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such defaultDefault. Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant Lessee or if Landlord elects in the event that Lessor shall elect to either reenter as provided for in this Lease Section 30.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c), belowSection 30.1 above, this Lease shall continue in effecteffect for so long as Lessor does not terminate Lessee's right to possession, and Landlord Lessor may enforce all its rights and remedies under this Lease, including Landlord’s including, without limitation, Lessor's right from, time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable, with the right to relet all or part of make Alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord Lessor or other legal proceeding granting Landlord Lessor or its agent possession to protect Landlord’s Lessor's interest under this Lease shall not constitute a termination of Tenant’s Lessee's right to possession. (b) If Landlord elects In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Lessor and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant Lessee hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand therefor by Lessor. Tenant Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor, as soon as ascertained, any reasonable costs and expenses incurred by Landlord Lessor in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantLessee, Landlord Lessor may at any time after such reletting elect to terminate this Lease for any such default. (d) Lessor has the remedy described in California Civil Code Section 1951.4 (Lessor may continue Lease in effect after Lessee's breach and abandonment and recover rent as it becomes due, if Lessee has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant or if Landlord elects to either reenter as provided for in this Lease or take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if If Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 12.2 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesLeased Premises ; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by TenantXxxxxx, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Xxxxxxxx has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Xxxxxx’s breach and abandonment and recover rent as it becomes due, if Xxxxxx has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Leased Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole but reasonable discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesLeased Premises ; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations). Divco\Gateway/Tobira Lease

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant Lessee or if Landlord elects in the event that Lessor shall elect to either reenter as provided for in this Lease Section 30.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c), belowSection 30.1 above, this Lease shall continue in effecteffect for so long as Lessor does not terminate Lessee's right to possession, and Landlord Lessor may enforce all its rights and remedies under this Lease, including Landlord’s including, without limitation, Lessor's right from, time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable, with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord Lessor or other legal proceeding granting Landlord Lessor or its agent possession to protect Landlord’s Lessor's interest under this undex xxxx Lease shall not constitute a termination of Tenant’s Lessee's right to possessionpossxxxxxx. (b) If Landlord elects In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of relettingsuch reletting third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesLeased Premises ; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Lessor and applied in payment xxxxxxt of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant Lessee hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand therefor by Lessor. Tenant Such deficienxx xxxll be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor, as soon as ascertained, any reasonable costs and WH Lessor's 16 Lessee's Initials Initials PRET-FSOS.45 expenses incurred by Landlord Lessor in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantLessee, Landlord Lessor may at any time xxx xime after such reletting elect to terminate this Lease for any such default. (d) Lessor has the remedy described in California Civil Code Section 1951.4 (Lessor may continue Lease in effect after Lessee's breach and abxxxxxxent and recover rent as it becomes due, if Lessee has right to suxxxx xr assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant Lessee or if Landlord elects in the event that Lessor shall elect to either reenter as provided for in this Lease Section 30.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c)Section 30.1 above, belowLessor may from time to time, this Lease shall continue in effect, and Landlord may enforce all its rights and remedies under without terminating this Lease, including Landlord’s right to either recover all Rent rental as it becomes due and/or to relet all or part of the Premises for lease term(s), Rent on such terms as are commercially reasonable. Alterations, acts of maintenance or preservation, efforts to relet the PremisesLeased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion, may deem advisable with the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possessionmake alterations and repairs to the Leased Premises. (b) If Landlord elects In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of such reletting: third, including brokerage fees; (3) to the payment of or the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Lessor and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent thereunder, be less than the Rent rent payable during that month by Tenant Lessor hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand there for by Lessor. Tenant Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor as soon as ascertained, any reasonable costs cost and expenses incurred by Landlord Lessor in such reletting or in making such alterations alteration and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant Lessee or unless the termination thereof be decreed by a court Court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantLessee, Landlord Lessor may at any time after such reletting elect to terminate this Lease Lessee for any such default.

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s), Rent on such terms term or term’s and at such rental or rentals and upon such other tennis and conditions as are commercially reasonableLandlord may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be is given to Tenant or unless the termination thereof be is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant Lasses or if Landlord elects in the event that Lessor shall elect to either reenter as provided for in this Lease Section 27.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c)Section 27.1 above, belowLessor may from time to time, this Lease shall continue in effect, and Landlord may enforce all its rights and remedies under without terminating this Lease, including Landlord’s either recover all rental as it becomes. due or relet the Leased Premises or any part thereof for such term or terms and. at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion, may deem advisable with the right to recover all Rent as it becomes due and/or make alterations and repairs to relet all or part of the Premises for lease term(s), Rent on such terms as are commercially reasonable. Alterations, acts of maintenance or preservation, efforts to relet the Leased Premises, the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If Landlord elects In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Lessor and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant Lessee hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand therefor by Lessor. Tenant Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor as soon as ascertained, any reasonable costs and expenses incurred by Landlord Lessor in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or -or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention intention, be given to Tenant Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantLessee, Landlord Lessor may at any time after such reletting elect to terminate this Lease for Lease.-for any such default.

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant or if Landlord elects to either reenter as provided for in this Lease Section 25.2 or take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1, this Lease shall continue in effect, and Landlord may enforce all its rights and remedies under this Lease, including Landlord’s right from time to time, without terminating this Lease, to either recover all Rent as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such Rent and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to in protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If Landlord landlord elects to relet, the Rent received by Landlord from reletting shall be applied in the following order: (1) to the payment of any indebtedness other than Rent due hereunder from Tenant; (2) to the payment of any reasonable cost of reletting, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) to the payment of Rent due and unpaid hereunder; and (5) any residue shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If the portion of Rent received under clause (b) (4) is less than the Rent payable during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord immediately upon demand. Tenant shall also pay to Landlord when ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code (“CODE”) Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover Rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant Lessee or if Landlord elects in the event that Lessor shall elect to either reenter as provided for in this Lease Section 30.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c), belowSection 30.1 above, this Lease shall continue in effecteffect for so long as Lessor does not terminate Lessee's right to possession, and Landlord Lessor may enforce all its rights and remedies under this Lease, including Landlord’s including, without limitation, Lessor's right from, time to time, without terminating 44. this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable, with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord Lessor or other legal proceeding granting Landlord Lessor or its agent possession to protect Landlord’s Xxxxxx's interest under this Lease shall not constitute a termination of Tenant’s Xxxxxx's right to possession. (b) If Landlord elects In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Xxxxxx and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant Lessee hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand therefor by Xxxxxx. Tenant Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor, as soon as ascertained, any reasonable costs and expenses incurred by Landlord Lessor in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantXxxxxx, Landlord Lessor may at any time after such reletting elect to terminate this Lease for any such default. (d) Lessor has the remedy described in California Civil Code Section 1951.4 (Lessor may continue Lease in effect after Xxxxxx's breach and abandonment and recover rent as it becomes due, if Xxxxxx has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Leased Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Leased Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease or Section 25.3 above, shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises, as Landlord shall consider advisable for the purpose of reletting the Leased Premises or portion thereof; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default Default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such defaultDefault. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant Lessee or if Landlord elects in the event that Lessor shall elect to either reenter as provided for in this Lease Section 29.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c), belowSection 29.1 above, this Lease shall continue in effecteffect for so long as Lessor does not terminate Lessee's right to possession, and Landlord Lessor may enforce all its rights and remedies under this Lease, including Landlord’s including, without limitation, Lessor's right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord Lessor or other legal proceeding granting Landlord Lessor or its agent possession to protect Landlord’s Lessor's interest under this Lease shall not constitute a termination of Tenant’s Lessee's right to possession. (b) If Landlord elects In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Lessor and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant Lessee hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand therefor by Lessor. Tenant Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor, as soon as ascertained, any reasonable and documented costs and expenses incurred by Landlord Lessor in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantLessee, Landlord Lessor may at any time after such reletting elect to terminate this Lease for any such default. (d) Lessor has the remedy described in California Civil Code Section 1951.4 (Lessor may continue Lease in effect after Lessee's breach and abandonment and recover rent as it becomes due, if Lessee has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Leased Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole but reasonable discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the PremisesLeased Premises ; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Leased Premises by Tenant Lessee or if Landlord elects in the event that Lessor shall elect to either reenter as provided for in this Lease Section 29.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c), belowSection 29.1 above, this Lease shall continue in effecteffect for so long as Lessor does not terminate Lessee's right to possession, and Landlord Lessor may enforce all its rights and remedies under this Lease, including Landlord’s including, without limitation, Lessor's right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord Lessor or other legal proceeding granting Landlord Lessor or its agent possession to protect Landlord’s Lessor's interest under this Lease shall not constitute a termination of Tenant’s Lessee's right to possession. (b) If Landlord elects In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Lessor and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant Lessee hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand therefor by Lessor. Tenant Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor, as soon as ascertained, any reasonable costs and expenses incurred by Landlord Lessor in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantLessee, Landlord Lessor may at any time after such reletting elect to terminate this Lease for any such default. (d) Lessor has the remedy described in California Civil Code Section 1951.4 (Lessor may continue Lease in effect after Lessee's breach and abandonment and recover rent as it becomes due, if Lessee has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the vacation or abandonment of the Premises by Tenant or if in the event that Landlord elects to either reenter as provided for in this Lease or shall take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 22.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s 's right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default Default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such defaultDefault. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Leased Premises by Tenant or if in the event that Landlord elects shall elect to either reenter as provided for in this Lease Section 25.3 above, or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1 above, this Lease shall continue in effecteffect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including including, without limitation, Landlord’s right from time to time, without terminating this Lease, to either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole but reasonable discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If In the event that Landlord elects shall elect to so relet, the Rent then rentals received by Landlord from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantTenant to Landlord; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demanddemand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord when Landlord, as soon as ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) No reentry or taking possession of the Leased Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant or if Landlord elects to either reenter as provided for in this Lease Section 25.2 or take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1, this Lease shall continue in effect, and Landlord may enforce all its rights and remedies under this Lease, including Landlord’s 's right from time to time, without terminating this Lease, to either recover all Rent as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such Rent and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession.. ------------------- ----------------- Landlord's Initials Tenant's Initials (b) If Landlord elects to relet, the Rent received by Landlord from reletting shall be applied in the following order: : (1) to the payment of any indebtedness other than Rent due hereunder from Tenant; (2) to the payment of any reasonable cost of reletting, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) to the payment of Rent due and unpaid hereunder; and (5) any residue shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If the portion of Rent received under clause (b) (4) is less than the Rent payable during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord immediately upon demand. Tenant shall also pay to Landlord when ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code ("Code") Section 1951.4 (Landlord may continue Lease in effect after Tenant's breach and abandonment and recover Rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant that Lessor shall elect to reenter, or if Landlord elects to either reenter as provided for in this Lease or shall take possession of the Leased Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord Lessor does not elect to terminate this Lease as provided in subsection (c), belowthis Article 27, this Lease shall continue in effecteffect for so long as Lessor does not terminate Lessee's right to possession, and Landlord Lessor may enforce all its rights and remedies under this Lease, including Landlord’s including, without limitation, Lessor's right to from time to time, without terminating this Lease, either recover all Rent rental as it becomes due and/or or relet the Leased Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to relet all or part of make alterations and repairs to the Premises for lease term(s), Rent on such terms as are commercially reasonableLeased Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Leased Premises or the appointment of a receiver upon initiation of Landlord Lessor or other legal proceeding granting Landlord Lessor or its agent possession to protect Landlord’s Lessor's interest under this Lease shall not constitute a termination of Tenant’s Lessee's right to possession. (b) If Landlord elects . In the event that Lessor shall elect to so relet, the Rent then rentals received by Landlord Lessor from such reletting shall be applied in the following orderapplied: (1) first, to the payment of any indebtedness other than Rent rent due hereunder from TenantLessee to Lessor; (2) second, to the payment of any reasonable cost of such reletting; third, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Leased Premises; (4) fourth, to the payment of Rent rent due and unpaid hereunder; and (5) any residue the residue, if any, shall be held by Landlord Lessor and applied in payment of future Rent rent as the same may become due and payable hereunder. If the Should that portion of Rent such rentals received under clause (b) (4) from such reletting during any month, which is applied by the payment of rent hereunder, be less than the Rent rent payable during that month by Tenant Lessee hereunder, Tenant then Lessee shall pay such deficiency to Landlord Lessor immediately upon demanddemand therefor by Lessor. Tenant Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Landlord when Lessor, as soon as ascertained, any reasonable costs and expenses incurred by Landlord Lessor in such reletting or in making such alterations and repairs not covered by the Rents rentals received from such reletting. (c) . No reentry or taking possession of the Leased Premises or any other action under this Section Article shall be construed as an election to terminate this Lease unless a Notice written notice of such intention be is given to Tenant Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord Lessor because of any default by TenantLessee, Landlord Lessor may at any time after such reletting elect to terminate this Lease for any such default. Lessor has the remedy described in California Civil Code Section 1951.4 (Lessor may continue Lease in effect after Lessee's breach and abandonment and recover rent as it becomes due, if Lessee has right to sublet or assign, subject only to reasonable limitations). Efforts by Lessor to mitigate the damages caused by Lessee's default in this Lease shall not constitute a waiver of Lessor's right to recover damages hereunder, nor shall Lessor have any obligation to mitigate damages hereunder.

Recovery of Rent; Reletting. (a) In the event of the abandonment of the Premises by Tenant or if Landlord elects to either reenter as provided for in this Lease Section 25.2 or take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to /s/ --------------------- ------------------- Landlord's Initials Tenant's Initials terminate this Lease as provided in subsection (c), belowSection 25.1, this Lease shall continue in effect, and Landlord may enforce all its rights and remedies under this Lease, including Landlord’s 's right from time to time, without terminating this Lease, to either recover all Rent as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such Rent and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to in protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. (b) If Landlord landlord elects to relet, the Rent received by Landlord from reletting shall be applied in the following order: : (1) to the payment of any indebtedness other than Rent due hereunder from Tenant; (2) to the payment of any reasonable cost of reletting, including brokerage fees; (3) to the payment of the reasonable cost of any alterations and repairs to the Premises; (4) to the payment of Rent due and unpaid hereunder; and (5) any residue shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If the portion of Rent received under clause (b) (4) is less than the Rent payable during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord immediately upon demand. Tenant shall also pay to Landlord when ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. (d) Landlord has the remedy described in California Civil Code ("CODE") Section 1951.4 (Landlord may continue Lease in effect after Tenant's breach and abandonment and recover Rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).

Recovery of Rent; Reletting. (a) In the event of the abandonment (as defined by law) of the Premises by Tenant or if Landlord elects to either reenter as provided for in this Lease Section 25.2 or take possession of the Premises either pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in subsection (c), belowSection 25.1, this Lease shall continue in effect, and Landlord may enforce all its rights and remedies under this Lease, including Landlord’s right from time to time, without terminating this Lease, to either recover all Rent as it becomes due and/or to or relet all or part of the Premises or any part thereof for lease term(s)such term or terms and at such Rent and upon such other terms and conditions as Landlord, Rent on such terms as are commercially reasonablein its sole discretion may deem reasonably advisable with the right to make alterations and repairs to the Premises. Alterations, acts Acts of maintenance or preservation, preservation or efforts to relet the Premises, Premises or the appointment of a receiver upon initiation of Landlord or other legal proceeding granting Landlord or its agent possession to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. (b) If Landlord elects to relet, the Rent received by Landlord from reletting shall be applied in the following order: (1) to the payment of any indebtedness other than Rent due hereunder from Tenant; (2) to the payment of any reasonable cost of reletting, including brokerage fees; (3) to the reasonable payment of the reasonable actual cost of any alterations and repairs to the Premises; (4) to the payment of Rent due and unpaid hereunder; and (5) any residue shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If the portion of Rent received under clause (b) (4) is less than the Rent payable during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord immediately upon demand. Tenant shall also pay to Landlord when ascertained, any reasonable costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Rents received from such reletting. (c) No reentry or taking possession of the Premises or any other action under this Section shall be construed as an election to terminate this Lease unless a Notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such defaultdefault (after written Notice and the expiration of the applicable cure period under Section 24.1 above). Landlord’s Initials (d) Landlord has the remedy described in California Civil Code (“Code”) Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover Rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations).