Common use of Terminate Lease Clause in Contracts

Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "worth at the time of award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of default. As used in Subsections 27(b)(a) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per year.

Terminate Lease. Terminate Landlord may terminate this Lease by written notice to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following receipt of such notice by Tenant's right to possession by any lawful means, in which case and this Lease shall then terminate and Tenant shall immediately surrender possession on the date so specified as if such date had been originally fixed as the expiration date of the Premises to LandlordTerm. In the event of such event termination, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: : (i) The "worth at the time of award the award" (defined below) of any unpaid Rent obligation which had been earned at has accrued prior to the time date of such termination; plus (ii) the The "worth at the time of award the award" of the amount by which the unpaid Base Rent and all other charges which would have been earned accrued after termination until the time of award exceeds the amount of such rental loss that any sums which Landlord has (or Tenant proves that Landlord could have been reasonably avoidedhave) received in mitigation; plus and (iii) the The "worth at the time of award the award" of the amount by which the unpaid Base Rent and other charges for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, sums which Landlord has (or Tenant proves that Landlord could have) received in its sole discretion deems reasonable and necessarymitigation. As used in Subsection 27(b)(i) this paragraph 30(b), the term, "worth at the time of the award" is ", shall be computed by allowing simple interest at an accrual equal to the Default Rate for past due obligations, and a discount rate to net present value equal to the discount rate of fifteen percent (15%) per year from the date Federal Reserve Bank of default. As used in Subsections 27(b)(a) and 27(b)(iii) the "worth San Francisco at the time of award" is computed by discounting such amounts at the discount rate of eight , plus one percent (81%) per yearon anticipated future obligations, on the amount of the obligations payable on the date of such calculation. In the event this Lease shall be terminated as provided above, by summary proceedings or otherwise, Landlord, its agents, servants or representatives may immediately or at any time thereafter peaceably re-enter and resume possession of the Premises and remove all persons and property therefrom, by summary dispossession proceedings. Landlord shall never be entitled to dispossess the Tenant of the Premises pursuant to any "lock-out" or other nonjudicial remedy.

Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair repairs or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "worth at the time of award" is computed by allowing interest at the rate of fifteen eighteen percent (1518%) per year from the date of default. As used in Subsections 27(b)(a27(b)(ii) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per year.

Terminate Lease. Terminate Landlord, either as an alternative or subsequent to exercising the remedies set forth in subparagraph (a), may terminate Tenant's ’s right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises by and upon delivery to LandlordTenant of written notice of termination. Landlord may then immediately reenter the Premises and take possession thereof pursuant to legal proceedings and remove all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. No notice of termination shall be necessary in the event that Tenant has abandoned the Premises in violation of Paragraph 23 of this Lease. In such the event that Landlord shall be entitled elects to terminate Tenant’s night of possession, Landlord may recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: : (i1) The worth at the time of award of any the unpaid Rent rent which had been earned at the time of such termination; plus . “Worth at the time of award” shall be computed by allowing interest at the Interest Rate from the first day the breach occurs; (ii2) the The worth at the time of award of the amount by which the unpaid Rent rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided; plus . “Worth at the time of award” shall be determined by allowing interest at the Interest Rate from the first day a breach occurs; (iii3) the The worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved the Tenant proves could be reasonably avoided; plus . “Worth at the time of award” shall be computed by discounting such amount at time Interest Rate; (iv4) any Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this the Lease or which in the ordinary course of things events would be likely to result therefrom, therefrom including, without limitationbut not limited to, reasonable expenses of reletting, attorneys’ fees, costs of alterations and repairs, recording fees, filing fees and any costs or other expenses incurred by Landlord in (A) retaking customarily resulting from obtaining possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the leased Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "worth at the time of award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of default. As used in Subsections 27(b)(a) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per yearreleasing.

Terminate Lease. Terminate Landlord has the right to terminate this Lease at any time after an Event of Default has occurred, including at any time after Tenant's ’s right to possession has been terminated, by any lawful meansdelivering to Tenant a written notice expressly exercising Landlord’s right to terminate this Lease. If Landlord elects to terminate this Lease, in which case this Lease shall terminate Tenant’s right to possession of the Premises will terminate, to the extent it has not already terminated, Tenant must vacate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled in the condition this Lease requires upon the expiration of the Term, Landlord has the immediate right of entry and has the right to remove all persons and property from the Premises and all rights and remedies of a landlord under California Civil Code Section 1951.2 or any successor code section, and Tenant will pay to Landlord on demand, and Landlord has the right to recover from Tenant Tenant, all damages incurred by Landlord by reason incurs as a result of Tenant's default including ’s default, including, without limitation theretolimitation, the following: (i) The the cost of recovering the Premises, (ii) the worth at the time of award of any the unpaid Rent which that had been earned at the time of such termination; plus (iiiii) the worth at the time of award of the amount by which the unpaid Rent which that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iiiiv) the worth at the time of the award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved Tenant proves could be reasonably avoided; plus and (ivv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which that in the ordinary course of things events would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting from Tenant’s failure to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state lawperform its obligations under this Lease. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "The “worth at the time of award" ” of the amounts referred to in clauses (ii) and (iii) of the preceding sentence is computed by allowing interest at the rate of fifteen percent (15%) 10% per year from the date of defaultannum. As used in Subsections 27(b)(a) and 27(b)(iii) the "The “worth at the time of award" is ” of the amount referred to in clause (iv) above will be computed by discounting such amounts amount at the discount rate of eight percent the Federal Reserve Bank of San Francisco at the time of award plus 1%. Tenant waives the provisions of Section 1179 of the California Code of Civil Procedure (8%) per yearwhich Section allows Tenant to petition a court of competent jurisdiction for relief against forfeiture of this Lease). Landlord may sore any property Landlord removes from the Premises in a public or private warehouse or elsewhere at the sole cost and expense of Tenant, which Tenant must pay within 10 days after demand. If Tenant does not pay the cost of storing such property after it has been stored for 30 days or more, Landlord has the right to sell any or all of the property at a public or private sale in such manner and at such times and places that Landlord, in its sole discretion, deems proper, without notice to or demand upon Tenant. Nothing in this Section 26 limits or prejudices Landlord’s right to prove and obtain damages in an amount equal to the maximum amount allowed by Law, regardless of whether such damages are greater than the amounts this Section obligates Tenant to pay. If the fair market rental value of the Premises for the remaining Term exceeds the Rent under this Lease, Landlord is solely entitled to receive the benefit of that excess after applying the excess to any remaining amounts Tenant owes under this Lease.

Terminate Lease. Terminate Tenant's Landlord shall have the right to possession by any lawful means, in which case terminate --------------- this Lease shall terminate and all rights of Tenant shall immediately surrender possession of hereunder by giving written notice to Tenant. If the Premises to Landlord. In such event Lease is so terminated, then Landlord shall be entitled to may recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The the worth at the time of award of any unpaid Rent which rent that had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent rent which would have been earned after from the time of such termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved Tenant proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment actual and consequential damages proximately caused by Tenant's failure to perform its Tenant's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, ; and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state Colorado law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(iSubsections (A)(i) and (ii) above, the "worth at the time of award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of defaultRemedy Rate. As used in Subsections 27(b)(aSubsection (A)(iii) and 27(b)(iii) above, the "worth at the time of award" is computed by discounting such amounts amount at the discount rate of eight the Federal Reserve Bank of Kansas City at the time of award plus one percent (81%) per year). All amounts owing under this Subsection which are not paid when due shall bear interest at the Remedy Rate from the date owing until paid and such interest shall be compounded monthly.

Terminate Lease. Terminate Tenant's ’s right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's ’s default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of or award exceeds the amount of or such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, . Including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair repairs or necessary alterations to the Premises for such reletting, (D) leasing commissionscommissions incident to reletting to a new tenant, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's ’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. The amounts described in clauses (C) and (D) shall be amortized over the term of the new tenant’s lease, and Tenant shall only be liable to Landlord for the portion of such amounts attributable to the period prior to the Expiration Date of this Lease set forth in Section 1. Upon any such reentry re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "“worth at the time of award" ” is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of default. As used in Subsections 27(b)(a27(b)(ii) and 27(b)(iii) the "“worth at the time of award" ” is computed by discounting such amounts at the discount rate of eight percent (8%) per year.

Terminate Lease. Terminate Landlord may terminate this Lease by written --------------- notice to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following receipt of such notice by Tenant's right to possession by any lawful means, in which case and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Term; provided that Landlord shall have previously delivered to Tenant a notice of the occurrence of an Event of Default and Tenant shall immediately surrender possession has failed to cure said default within thirty (30) days following receipt of the Premises to Landlordsaid notice. In the event of such event termination, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: : (i) The "worth at the time of award the award" (defined below) of any unpaid Rent obligation which had been earned at has accrued prior to the time date of such termination; plus and (ii) the The "worth at the time of award the award" of the amount by which the unpaid Base Rent and all other charges which would have been earned accrued after termination until the time of award exceeds the amount of such rental loss that any sums which Landlord has (or Tenant proves that Landlord could have been reasonably avoided; plus (iiiupon reasonable diligence) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which received in the ordinary course of things would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessarymitigation. As used in Subsection 27(b)(i) this paragraph 30(b), the term, "worth at the time of the award" is ", shall be computed by allowing simple interest at the rate of fifteen percent (15%) per year from the date of default. As used in Subsections 27(b)(a) Default Rate for past due obligations, and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the a discount rate to net present value of eight percent (8%) per yearon anticipated future obligations, on the amount of the obligations payable on the date of such calculation. In the event this Lease shall be terminated as provided above, by summary proceedings or otherwise, Landlord, its agents, servants or representatives may immediately or at any time thereafter peaceably re-enter and resume possession of the Premises and remove all persons and property therefrom, by summary dispossession proceedings. Landlord shall never be entitled to dispossess the Tenant of the Premises pursuant to any "lock-out" or other nonjudicial remedy. In addition to Landlord's remedies provided above in this paragraph 30, Landlord may seek any equitable relief to which Landlord may be entitled as a result of any Event of Default by Tenant under this Lease, except as specifically limited by this Lease.

Terminate Lease. Terminate Landlord may terminate this Lease, effective at such time as may be specified by notice to Tenant's right to possession by any lawful means, in which case event: (a) Tenant shall remain liable to Landlord for all obligations under this Lease accruing through the time of termination including the full amount of the current month's installment of Rent (unless previously paid), which shall terminate immediately become due and payable, together with any arrears unpaid. (b) Landlord may, with or without process of law, reenter upon and take possession of the Premises. (c) Landlord may at Tenant's expense, at any time Landlord is entitled to possession of the Premises, remove and store such goods, chattels, fixtures, trade fixtures, and equipment of Tenant as are in the Premises in any manner Landlord may, in its discretion, determine, and Landlord shall have no liability to Tenant for such removal and storage, and Tenant shall immediately surrender possession of the Premises to Landlord. In such event reimburse Landlord shall be entitled to for all costs incurred by Landlord in connection therewith. (d) Landlord may recover from Tenant all damages incurred by as damages, for the loss of income of Landlord by reason of Tenant's default including without limitation theretoexpected to be derived from the Lease, the following: amounts (if any) by which (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award payable under this Lease exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iiiii) the worth at remainder obtained when all of Landlord's Reletting Costs, as hereinafter defined, which have not been paid by Tenant to Landlord are deducted from the time payments (if any) received by Landlord from reletting the Premises. Such amounts shall be payable on the first day of award of each month during the amount by period which would have constituted the unpaid Rent for the balance unexpired portion of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for had it not been terminated. As used herein, "Reletting Costs" shall mean all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefromcosts and expenses, including, without limitation, any reasonable attorneys' fees, brokerage or other commissions, costs of repair or expenses incurred by Landlord in (A) retaking possession remodeling of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to subdividing the Premises, or of combining all or any portion or portions of the Premises with other premises in any manner Landlord shall deem appropriate, lease assumption costs, and the costs of other tenant inducements, which Landlord may incur in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) connection with any reletting of the "worth at the time of award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of default. As used in Subsections 27(b)(a) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per yearPremises pursuant to this Section 13.

Terminate Lease. Terminate Tenant's Landlord shall have the right to possession by any lawful means, in which case terminate this Lease shall terminate and all rights of Tenant shall immediately surrender possession of hereunder by giving written notice to Tenant. If the Premises to Landlord. In such event Lease is so terminated, then Landlord shall be entitled to may recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The the worth at the time of award of any unpaid Rent which rent that had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent rent which would have been earned after from the time of such termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved Tenant proves could be reasonably avoided; plus (iv) any other amount reasonably necessary to compensate Landlord for all the detriment actual and consequential damages proximately caused by Tenant's ’s failure to perform its Tenant’s obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, ; and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's ’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state California law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(iSubsections (A)(i) and (ii) above, the "“worth at the time of award" ” is computed by allowing interest at the rate of fifteen ten percent (1510%) per year from annum (but in no event in excess of the date of defaultmaximum rate allowed by law). As used in Subsections 27(b)(aSubsection (A)(iii) and 27(b)(iii) above, the "“worth at the time of award" ’ is computed by discounting such amounts amount at the discount rate of eight the Federal Reserve Bank of San Francisco at the time of award plus one percent (81%). All amounts owing under this Subsection which are not paid when due shall bear interest at ten percent (10%) per yearannum (but in no event in excess of the maximum rate allowed by law) from the date owing until paid and such interest shall be compounded monthly.

Terminate Lease. Terminate Landlord, either as an alternative or subsequent to exercising the remedies set forth in subparagraph (a), may terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises by and upon delivery to LandlordTenant of written notice of termination. Landlord may then immediately reenter the Premises and take possession thereof pursuant to legal proceedings and remove all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. No notice of termination shall be necessary in the event that Tenant has abandoned the Premises in violation of Paragraph 23 of this Lease. In such the event that Landlord shall be entitled elects to recover from Tenant all damages incurred by Landlord by reason of terminate Tenant's default including without limitation theretonight of possession, Landlord may recover all of the following: : (i1) The worth at the time of award of any the unpaid Rent rent which had been earned at the time of such termination; plus . "Worth at the time of award" shall be computed by allowing interest at the Interest Rate from the first day the breach occurs; (ii2) the The worth at the time of award of the amount by which the unpaid Rent rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided; plus . "Worth at the time of award" shall be determined by allowing interest at the Interest Rate from the first day a breach occurs; (iii3) the The worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved the Tenant proves could be reasonably avoided; plus . "Worth at the time of award" shall be computed by discounting such amount at time Interest Rate; (iv4) any Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this the Lease or which in the ordinary course of things events would be likely to result therefrom, therefrom including, without limitationbut not limited to, reasonable expenses of reletting, attorneys' fees, costs of alterations and repairs, recording fees, filing fees and any costs or other expenses incurred by Landlord in (A) retaking customarily resulting from obtaining possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the leased Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "worth at the time of award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of default. As used in Subsections 27(b)(a) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per yearreleasing.

Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations Obligations under this Lease or which in the ordinary course of things would be likely to result therefromLease, including, including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's attorney fees therefortherefore, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair repairs or necessary alterations to the Premises for such reletting, (D) leasing commissionscommissions incident to reletting to a new tenant, and (E) any other costs necessary or appropriate to relet the Premises; plus (viv) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. The amounts described in clauses (C) and (D) shall be amortized over the term of the new tenant’s lease, and Tenant shall only be liable to Landlord for the portion of such amounts attributable to the period prior to the Expiration Date of this Lease set forth in Section 1. Upon any such reentry re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) Section 28.2 the "“worth at the time of award" ” is computed by allowing interest at the rate of fifteen eight percent (158%) per year from the date of default. As used in Subsections 27(b)(a) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per year.

Terminate Lease. Terminate Tenant's ’s right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including ’s Default, including, without limitation thereto, the following: (ia) The the worth at the time of award of any unpaid Rent rent which had been earned at the time of such termination; plus (iib) the worth at the time of award of the amount by which the unpaid Rent rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves is proved could have been reasonably avoided; plus (iiic) the worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (ivd) any other amount reasonably necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which in the ordinary course of things events would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (ve) at Landlord's ’s election, such other reasonable amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state lawLaw. Upon any such reentry re-entry, Landlord shall have the right to make any reasonable repairs, alterations alterations, or modifications modification to the Premises, Premises which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i(a) and (b) above, the "“worth at the time of award" ” is computed by allowing interest at the rate of fifteen percent (15%) 10% per year annum from the date of defaultDefault. As used in Subsections 27(b)(a(c) and 27(b)(iii) above, the "“worth at the time of award" ” is computed by discounting such amounts amount at the discount rate of eight percent the Federal Reserve Bank of San Francisco at the time of award plus 1%. The term “rent,” as used in this sub-section 24.2.2, shall be deemed to be and to mean the Monthly Rent to be paid pursuant to this Lease and all other monetary sums required to be paid by Tenant pursuant to the terms of this Lease. All such amounts, other than Monthly Rent, as may become due in the future shall be computed on the basis of the average monthly amount thereof accruing during the immediately preceding twelve (8%12) per yearmonth period prior to Default, except that if it becomes necessary to compute such rent before such twelve (12) month period has occurred, then on the basis of the average monthly amount accruing during such shorter period.

Terminate Lease. Terminate Tenant's Landlord shall have the right to possession by any lawful meansterminate this Lease, in which case this Lease shall terminate and event Tenant shall immediately surrender the Premises lo Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises to Landlord. In such event and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord shall be entitled to may recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: : (ia) The worth at the time of award of any unpaid Rent rent which had been earned at the time of such termination; plus ; (iib) the The worth at the time of award of the amount by which the unpaid Rent rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus ; (iiic) the The worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved Tenant proves could be reasonably avoided; plus ; (ivd) any Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which in the ordinary course of things events would be likely to result therefrom, specifically including, without limitationbut not limited to, any costs or brokerage commissions and advertising expenses incurred by Landlord in (A) retaking possession incurred, expenses of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving remodeling the Premises after such default, (C) preparing the Premises or any portion thereof for reletting to a new tenant, including repair whether for the same or necessary alterations to the Premises for such reletting, (D) leasing commissionsa different use, and any special concessions made to obtain a new tenant; and (Ee) any other costs necessary or appropriate to relet the Premises; plus (v) at At Landlord's ’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry Landlord SINGLE TENANT LEASE - NET -22- LANDLORD’S INITIALS: SK TENANT’S INITIALS: CA The term “rent” as used in this Section 24.1 shall have the right be deemed to make any reasonable repairs, alterations or modifications be and to mean all sums of every nature required to be paid by Tenant pursuant to the Premisesterms of this Lease, which whether to Landlord in its sole discretion deems reasonable and necessaryor to others. As used in Subsection 27(b)(iSections 24.1 1(a) and (b) above, the "“worth at the time of award" is ” shall be computed by allowing interest at the rate Default Rate set forth in Section 24,3, below, but in no case greater than the maximum amount of fifteen percent (15%) per year from the date of defaultsuch interest permitted by law. As used in Subsections 27(b)(aSection 24.1.1(c) and 27(b)(iii) above, the "“worth at al the time lime of award" is ” shall be computed by discounting such amounts amount at the discount rate of eight the Federal Reserve Bank of San Francisco at the time of award plus one percent (81%) per year).

Terminate Lease. Terminate this Lease by giving written notice of termination to Tenant's right to possession by any lawful means, in which case this Lease event Tenant immediately shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled If Tenant fails to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including so surrender the Premises, then Landlord, without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) prejudice to any other amount necessary to compensate Landlord remedy it has for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the PremisesPremises or arrearages in rent or other damages, including reasonable attorney's fees therefor, (B) maintaining or preserving may re-enter and take possession of the Premises after such default, (C) preparing and expel or remove Tenant and any other person or entity occupying the Premises or any part thereof, without being liable for reletting any damages, whether caused by the negligence of Landlord or otherwise. No act by Landlord other than giving notice of termination to a new tenantTenant shall terminate this Lease. Acts of maintenance, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate efforts to relet the Premises; plus (v) at , or the appointment of a receiver on Landlord's election, such other amounts in addition initiative to or in lieu protect Landlord's interest under this Lease shall not constitute a termination of this Lease. On termination of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry Lease, Landlord shall have the right to make any reasonable repairs, alterations or modifications to recover from Tenant the aggregate sum of the following: (i) The cost of recovering the Premises, which Landlord in its sole discretion deems reasonable ; plus (ii) The unpaid Rent (including Base Rent and necessary. As used in Subsection 27(b)(iAdditional Rent) the "worth earned at the time of award" is computed by allowing termination, including interest thereon at the per annum interest rate of fifteen percent (15%) per year provided in accordance with Article IV, above, from the date of default. As used in Subsections 27(b)(adue date; plus (iii) and 27(b)(iiiThe amount equal to: (1) the "worth total Rent which Landlord would have received under this Lease for the remainder of the Term, discounted at the time Prime Rate then in effect to the then present value, less (2) the then fair market value of award" is computed by discounting such amounts the remaining unexpired portion of the Lease determined at the discount rate then Fair Market Rate for the Premises, discounted at the Prime Rate then in effect to the then present value, and taking into consideration the likelihood and probable timing of eight percent the reletting of the Premises; plus (8%iv) per yearAll other reasonable expenses incurred by Landlord in connection with Tenant's default and all other sums of money and damages due to Landlord.

Terminate Lease. Terminate Tenant's Landlord shall have the right to possession by any lawful means, in which case terminate this Lease shall terminate and all rights of Tenant shall immediately surrender possession of hereunder by giving written notice to Tenant. If the Premises to Landlord. In such event Lease is so terminated, then Landlord shall be entitled to may recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The the worth at the time of award of any unpaid Rent which rent that had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent rent which would have been earned after from the time of such termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved Tenant proves could be reasonably avoided; plus (iv) any other amount reasonably necessary to compensate Landlord for all the detriment actual and consequential damages proximately caused by Tenant's failure to perform its Tenant's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, ; and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state California law. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(iSubsections (A)(i) and (ii) above, the "worth at the time of award" is computed by allowing interest at the rate of fifteen ten percent (1510%) per year from annum (but in no event in excess of the date of defaultmaximum rate allowed by law). As used in Subsections 27(b)(aSubsection (A)(iii) and 27(b)(iii) above, the "worth at the time of award" ' is computed by discounting such amounts amount at the discount rate of eight the Federal Reserve Bank of San Francisco at the time of award plus one percent (81%). All amounts owing under this Subsection which are not paid when due shall bear interest at ten percent (10%) per yearannum (but in no event in excess of the maximum rate allowed by law) from the date owing until paid and such interest shall be compounded monthly.

Terminate Lease. Terminate Landlord may terminate this Lease at any time an Event of Default exists, including at any time after Tenant's ’s right to possession has been terminated, by any lawful means, in which case a written notice to Tenant that expressly terminates this Lease. If Landlord terminates this Lease shall terminate and Tenant shall immediately has not already surrendered possession of the premises: (1) Tenant’s right to possession of the premises will terminate; (2) Tenant agrees to vacate and surrender possession of the Premises premises to Landlord. In such event Landlord shall be entitled in the condition this Lease requires at the end of the term; (3) Landlord has the immediate right of entry and may remove all persons and property from the premises and exercise all rights and remedies of a landlord under California Civil Code Section 1951.2 or any successor code section; and (4) Tenant agrees to recover from Tenant pay Landlord on demand all damages incurred by Landlord by reason incurs as a result of Tenant's default ’s default, including without limitation thereto(a) the cost of recovering the premises, (b) the following: (i) The worth at the time of award of any the unpaid Rent which rent that had been earned at the time of such termination; plus , (iic) the worth at the time of award of the amount by which the unpaid Rent which rent that would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Tenant proves could have been reasonably avoided; plus , (iiid) the worth at the time of the award of the amount by which the unpaid Rent rent for the balance of the Term term after the time of award exceeds the amount of such rental rent loss that is proved Tenant proves could be reasonably avoided; plus , and (ive) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which that in the ordinary course of things events would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting from Tenant’s failure to a new tenant, including repair or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state lawperform its obligations under this Lease. Upon any such reentry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "The “worth at the time of award" ” of the amounts referred to in clauses (b) and (c) of the preceding sentence is computed by allowing interest at the rate of fifteen percent (15%) 1% per year from the date of defaultmonth. As used in Subsections 27(b)(a) and 27(b)(iii) the "The “worth at the time of award" is ” of the amount referred to in clause (d) above will be computed by discounting such amounts amount at the discount rate of eight percent (8%) the Federal Reserve Bank of San Francisco at the time of award plus 1% per year. Tenant waives Section 1179 of the California Code of Civil Procedure, which allows Tenant to petition a court of competent jurisdiction for relief against forfeiture of this Lease. Landlord may store any property Landlord removes from the premises in a public or private warehouse or anywhere else at Tenant’s sole cost, which Tenant agrees to pay within 10 days after demand. If Tenant does not pay the cost of storing such property after it has been stored for 30 days or more, Landlord may sell any or all of the property at a public or private sale in any manner and at any times and places that Landlord, in its sole discretion, deems proper, without notice to or demand upon Tenant. Nothing in this section 25 limits or prejudices Landlord’s right to prove and obtain damages in an amount equal to the maximum amount allowed by law, regardless of whether such damages are greater than the amounts this section obligates Tenant to pay. If the fair market rental value of the premises for the remaining term exceeds the rent under this Lease, Landlord is solely entitled to the excess without offset against any amounts Tenant owes under this Lease.

Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney's attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repair repairs or necessary alterations to the Premises for such reletting, (D) leasing commissions, and (E) any other costs necessary or appropriate to relet rent the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such reentry re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i22(b)(i) the "worth at the time of award" is computed by allowing interest at the rate of fifteen eighteen percent (1518%) per year from the date of default. As used in Subsections 27(b)(a22(b)(ii) and 27(b)(iii22(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per year.