Common use of Termination of Lease Clause in Contracts

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts 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, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%).

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 19.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts 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, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaCalifornia. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)[***].

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant by giving Tenant written notice thereof, in which event Tenant shall immediately surrender the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord and Landlord may recover from Tenant, as damages, the following: (ai) The the worth at the time of award of any unpaid rental Rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental such Rent loss Tenant proves reasonably could have been reasonably avoided, ; plus (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term after the time of award exceeds the amount of rental such Rent loss that Tenant proves reasonably could be reasonably avoided, ; plus (div) any other amounts 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, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or therefrom; plus (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's ’s election, any such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadaapplicable California law. As used in subparagraphs clauses (ai) and (bii) above, the "“worth at the time of award" ” is computed by allowing interest at the maximum lawful rateDefault Rate. As used in subparagraph clause (ciii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%). Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease. If Landlord elects to proceed under this Section 18(a), Landlord may remove all of Tenant’s property from the Premises (which shall be deemed abandoned by Tenant) and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to the extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as Landlord in its sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder.

Termination of Lease. Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 subparagraphs (ai) or (ciii) aboveof Section 13.1, Landlord may recover from Tenant, as damages, the following: (a) The the worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any all other amounts 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, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including including, but not limited to, reasonable attorneys' ’ fees and court costs therefor, (ii) maintaining or preserving the Premises after any default, or (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (eiv) at Landlord's ’s election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of NevadaApplicable Laws. As used in subparagraphs (a) and (b) aboveof Section 13.2, the "“worth at the time of award" ” is computed by allowing interest at the lesser of the Interest Rate and the maximum lawful rate. As used in subparagraph (c) aboveof Section 13.2, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%).

Termination of Lease. Should Landlord elect to Lessor may terminate this Lease pursuant by notice to Lessee or any other lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the provisions of Sections 24.1 (a) or (c) above, Landlord may Premises to Lessor. In such event Lessor shall be entitled to recover from Tenant, as damages, the following: Lessee: (ai) The worth at the time of award of any the unpaid rental Rentals which had been earned at the time of the termination, plus ; (bii) the The worth at the time of award of the amount by which the unpaid rental Rentals which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant that Lessee proves could have been reasonably avoided, plus ; (ciii) the The worth at the time of award (computed by discounting at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid rental Rentals for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant Lessee proves could be reasonably avoided, plus ; and (div) any Any other amounts necessary to compensate Landlord Lessor for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the default by Lessee or which, which in the ordinary course of thingsevents would likely result, would be likely to result therefrom including, but not limited to, any including without limitation the reasonable costs or and expenses incurred by Landlord in Lessor for: (iA) retaking Retaking possession of the Premises; (B) Cleaning and making repairs and alterations (including installation of leasehold improvements, including reasonable attorneys' fees thereforwhether or not the same shall be funded by a reduction of rent, (iidirect payment or otherwise) maintaining or preserving necessary to return the Premises after any default, (iii) to good condition and preparing the Premises for reletting reletting; (C) Removing, transporting, and storing any of Lessee's property left at the Premises (although Lessor shall have no obligation to a new tenantremove, including repairs transport, or alterations to store any of the property); (D) Reletting the Premises, (iv) leasing including without limitation, brokerage commissions, or advertising costs, and attorneys' fees; (vE) any other costs necessary or appropriate to relet Attorneys' fees, expert witness fees and court costs; (F) Any unamortized real estate brokerage commissions paid in connection with this Lease; and (G) Costs of carrying the Premises, plus (e) at Landlord's electionsuch as repairs, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) maintenance, taxes and (b) aboveinsurance premiums, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) aboveutilities and security precautions, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)if any.

Termination of Lease. Should Landlord elect may terminate Xxxxxx’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: : (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's Xxxxxx’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (iiwithout limitation Reletting Expenses described in Section 20(b) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)below.

Termination of Lease. Should Landlord elect Subject to Article 17, as applicable, Lessor shall have the right to terminate this Lease pursuant and all rights of Tenant hereunder including Xxxxxx’s right to possession of the provisions of Sections 24.1 (a) or (c) above, Landlord Premises. In the event that Lessor shall elect to so terminate this Lease then Lessor may recover from Tenant, as damages, the following: : (a) The worth at the time of award of any the unpaid rental Rent and other charges, which had been earned at the time as of the termination, plus date of the termination hereof; plus (b) the The worth at the time of award of the amount by which the unpaid rental Rent and other charges which would have been earned after the date of the termination hereof until the time of award exceeds the amount of such rental loss Tenant that Xxxxxx proves could have been reasonably avoided, plus ; plus (c) the The worth at the time of award of the amount by which the unpaid rental Rent and other charges for the balance of the Term hereof after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, plus ; plus (d) any Any other amounts amount necessary to compensate Landlord Lessor for all the detriment proximately caused by Tenant's Xxxxxx’s failure to perform its obligations under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, expenses of reletting, including necessary repair, renovation and alteration of the Premises, reasonable attorneys' fees thereforfees, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus expert witness costs; plus (e) at Landlord's electionSubject to the rights of any Leasehold Mortgagees and TCAC, any the funds in the Capital Improvement Fund; plus (f) Any other amounts in addition to or in lieu of the foregoing as amount which Lessor may by law hereafter be permitted to recover from time Tenant to time compensate Lessor for the detriment caused by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Tenant’s default as permitted under applicable California law.

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant by giving Tenant written notice thereof, in which event Tenant shall immediately surrender the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord and Landlord may recover from Tenant, as damages, the following: (ai) The the worth at the time of award of any unpaid rental Rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental such Rent loss Tenant proves reasonably could have been reasonably avoided, ; plus (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term after the time of award exceeds the amount of rental such Rent loss that Tenant proves reasonably could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's Xxxxxx’s failure to perform its obligations under this Lease or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or therefrom; plus (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's ’s election, any such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadaapplicable California law. As used in subparagraphs clauses (ai) and (bii) above, the "“worth at the time of award" ” is computed by allowing interest at the maximum lawful rateDefault Rate. As used in subparagraph clause (ciii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%). Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Xxxxxx’s right of occupancy of the Premises after any termination of this Lease. If Landlord elects to proceed under this Section 18(a), Landlord may remove all of Tenant’s property from the Premises (which shall be deemed abandoned by Tenant) and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to the extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as Landlord in its sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building, and Landlord shall not be obligated to accept any prospective tenant proposed by Xxxxxx unless such proposed tenant meets all of Landlord’s leasing criteria. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder.

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the provisions termination, after deducting all of Sections 24.1 Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which Rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Termination of Lease. Should Landlord elect to may terminate this Lease pursuant and recover possession of the Premises. Once Landlord has terminated this Lease, Tenant shall immediately surrender the Premises to the provisions Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: (a) The worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (b) the The worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (c) the The worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any Any other amounts 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, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the PremisesLease, including reasonable attorneys' fees thereforbrokerage commissions and advertising expenses, (ii) maintaining or preserving the Premises after any default, (iii) preparing expenses of remodeling the Premises for reletting a new tenant (whether for the same or a different use), and any special concessions made to obtain a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus ; and (e) at Landlord's electionAny other amounts, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Termination of Lease. Should Landlord elect Lessor may terminate Lessee's interest under this Lease, but no act by Lessor other than written notice from Lessor to Lessee of termination shall terminate this Lease. This Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Lessee will remain liable to Lessor for damages in an amount equal to the provisions Rent and other sums that would have been owing by Lessee under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Lessor subsequent to the termination, after deducting all Lessor's Reletting Expenses (a) as defined in Section 23.2). Lessor shall be entitled to either collect damages from Lessee monthly on the days on which Rent or (c) aboveother amounts would have been payable under this Lease, Landlord or alternatively, Lessor may accelerate Lessee's obligations under this Lease and recover from Tenant, as damages, the followingLessee: (ai) The worth at the time of award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental Rent loss Tenant that Lessee proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term term of this Lease after the time of award exceeds the amount of rental Rent loss that Tenant Lessee proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord Lessor for all the detriment proximately caused by TenantLessee's failure to perform its obligations under this Lease Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 23.2.

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon terminations of the Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under the Lease for the balance of Sections 24.1 (a) the Lease Term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses. Landlord shall be entitled collect damages from Tenant monthly on the days on which rent would have been payable under the Lease, or (c) above, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth unpaid Rent at the time of award of any termination; ii) unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term after of the time of award exceeds Lease less the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided by Landlord (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus (d1%); and iii) any other amounts amount necessary to fully compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform performs its obligations under this Lease the Lease, or which, in the ordinary course of things, which would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation.

Termination of Lease. Should In case of an Event of Default by Tenant, Landlord elect shall have the right, in addition to all other rights available to Landlord under this Lease or now or hereafter permitted by law or in equity, to terminate this Lease pursuant to the provisions by providing Tenant with a notice of Sections 24.1 (a) or (c) abovetermination. Upon termination, Landlord may recover from any damages proximately caused by Tenant's failure to perform under this Lease, or which are likely in the ordinary course of business to be incurred, including any amount expended or to be expended by Landlord in an effort to mitigate damages, as damageswell as any other damages which Landlord is entitled to recover under any statute now or hereafter in effect. Landlord's damages include, without limitation, the following: : (a1) The the worth at the time of the award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (b2) the worth at the time of the award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of the award exceeds the amount of rental the loss of such Rent that Tenant proves could have been reasonably avoided, plus ; and (c3) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Term term after the time of the award exceeds the amount of rental the loss of such Rent that Tenant proves could be have been reasonably avoided, plus (d) any other amounts 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, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a1) and (b2) above, the "worth at the time of award" is computed shall be determined by allowing interest at the maximum lawful raterate of interest permitted by applicable law. As used in subparagraph (c) above3), the "worth at the time of award" is computed shall be determined by discounting to present value such amount at one percent (1%) more than the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center in San Francisco in effect at the time of award plus one percent (1%)the award.

Termination of Lease. Should Terminate this Lease by giving Tenant written notice thereof, in which event Tenant shall immediately surrender the Premises to Landlord. In the event that Landlord shall elect to so terminate this Lease pursuant to the provisions of Sections 24.1 (a) or (c) aboveLease, then Landlord may recover from Tenant, as damages, the following: : (ai) The worth at the time of award of any unpaid rental Rent which had been earned at the time of the such termination, plus ; plus (bii) the The worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental such Rent loss Tenant proves reasonably could have been reasonably avoided; plus OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, plus Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 24 (ciii) the The worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term after the time of award exceeds the amount of rental such Rent loss that Tenant proves reasonably could be reasonably avoided, plus ; plus (div) any Any other amounts 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, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premisestherefrom, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or all amounts due under Section 19(a); plus (v) any other costs necessary or appropriate to relet the Premises, plus (e) at At Landlord's ’s election, any such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadaapplicable California law. As used in subparagraphs (ai) and (bii) above, the "“worth at the time of award" ” is computed by allowing interest at the maximum lawful rateDefault Rate. As used in subparagraph (ciii) above, the "“worth at the time of award" ” is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%). Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such default. Tenant hereby waives for Tenant and for all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Tenant’s right of occupancy of the Premises after any termination of this Lease.

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which Rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenants obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%Section 21(b).

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all reasonable Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 22b.

Termination of Lease. Should Landlord elect may terminate the Lease and re-enter the Premises and take possession thereof, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease Term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which Rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental Rent for the balance of the Term of the Lease after the time of award exceeds the amount of rental Rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (d1%)); and (iv) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 21.2.

Termination of Lease. Should Landlord elect may terminate Xxxxxx's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (iiwithout limitation Reletting Expenses described in Section 20(b) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)below.

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Termination of Lease. Should Landlord elect to may terminate this Lease and recover possession of the Premises. Once Landlord has terminated this Lease, whether pursuant to a notice of default deeming the provisions Lease to be terminated if the cure is not performed during the specified period or by subsequent notice given after the default, Tenant shall immediately surrender the Premises to Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: : (a) The worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (b) the The worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the rate set forth in Article 24 but in no case greater than the maximum amount of interest permitted by law; (c) the The worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any Any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or whichLease, in the ordinary course of things, would be likely to result therefrom including, but not limited towithout limitation, any costs or brokerage commissions and advertising expenses, expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing remodeling the Premises for reletting a new tenant (whether for the same or a different use), and any special concessions made to obtain a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus ; and (e) at Landlord's electionAny other amounts, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Termination of Lease. Should Landlord elect to may, by written notice, terminate this Lease pursuant and recover possession of the Premises. Once Landlord has terminated this Lease, Tenant shall immediately surrender the Premises to the provisions Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: (a) The the worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the Default Rate (as defined below); (b) the worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the Default Rate; (c) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease Lease, or which, which in the ordinary course of things, things would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in therefrom; and (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (ve) any other costs necessary or appropriate to relet the Premisesamounts, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that GNW/Warehouse Lease page 10 would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord’s Reletting Expenses (a) as defined below). Landlord shall he entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (d1%)); and (iv) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 21.2.

Termination of Lease. Should Landlord elect District shall have the right to terminate this Lease pursuant and all rights of Tenant hereunder including Tenant’s right to possession of the provisions of Sections 24.1 (a) or (c) above, Landlord Premises. In the event that District shall elect to so terminate this Lease then District may recover from Tenant, as damages, the following: : (a) The worth at the time of award of any the unpaid rental Monthly Rent and other charges, which had been earned at the time as of the termination, plus date of the termination hereof; plus (b) the The worth at the time of award of the amount by which the unpaid rental Monthly Rent and other charges which would have been earned after the date of the termination hereof until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, plus ; plus (c) the The worth at the time of award of the amount by which the unpaid rental Monthly Rent and other charges for the balance of the Term term hereof after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, plus ; plus (d) any Any other amounts amount necessary to compensate Landlord District for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, expenses of reletting, including necessary repair, renovation and alteration of the Premises, reasonable attorneys' fees thereforfees, (ii) maintaining or preserving the Premises after any defaultexpert witness costs, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) and any other costs necessary or appropriate to relet the Premises, plus reasonable costs; plus (e) at Landlord's election, any Any other amounts in addition to or in lieu of the foregoing as amount which District may by law hereafter be permitted to recover from time Tenant to time compensate District for the detriment caused by the laws of the State of NevadaTenant’s default. As used in subparagraphs (aSections 11.2.1(a) and (b11.2.1(b) above, the "worth at the time of award" is shall be computed by allowing interest at the maximum lawful raterate permitted by law. As used in subparagraph Sections 11.2.1 (c) above, the "worth at the time of award" is shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%), but not in excess of the Interest Rate.

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Termination of Lease. Should Landlord elect to may, by written notice, terminate this Lease pursuant and recover possession of the Premises. Once Landlord has terminated this Lease, Tenant shall immediately surrender the Premises to the provisions Landlord. On termination of Sections 24.1 (a) or (c) abovethis Lease, Landlord may recover from Tenant, as damages, Tenant all of the following: (a) The the worth at the time of the award of any unpaid rental which Rent that had been earned at the time of the termination, plus to be computed by allowing interest at the Default Rate (as defined below); (b) the worth at the time of the award of the amount by which the unpaid rental which Rent that would have been earned after termination until between the time of the termination and the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could reasonably have been reasonably avoided, plus to be computed by allowing interest at the Default Rate; (c) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Lease Term after the time of the award exceeds the amount of rental loss unpaid Rent that Tenant proves could be reasonably have been avoided, to be computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%); (d) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease Lease, or which, which in the ordinary course of things, things would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in therefrom; and (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (ve) any other costs necessary or appropriate to relet the Premisesamounts, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as those listed above, that may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)applicable law.

Termination of Lease. Should In case of an Event of Default by Tenant, Landlord elect shall have the right, in addition to all other rights available to Landlord under this Lease or now or hereafter permitted by law or in equity, to terminate this Lease pursuant to the provisions by providing Tenant with a notice of Sections 24.1 (a) or (c) abovetermination. Upon termination, Landlord may recover from any damages proximately caused by Tenant's failure to perform under this Lease, or which are likely in the ordinary course of business to be incurred, including any amount expended or to be expended by Landlord in an effort to mitigate damages, as damageswell as any other damages which Landlord is entitled to recover under any statute now or hereafter in effect. Landlord's damages include, without limitation, the following: : (a1) The the worth at the time of the award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (b2) the worth at the time of the award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of the award exceeds the amount of rental the loss of such Rent that Tenant proves could have been reasonably avoided, plus ; and (c3) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Term term after the time of the award exceeds the amount of rental the loss of such Rent that Tenant proves could be have been reasonably avoided, plus (d) any other amounts 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, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a1) and (b2) above, the "worth at the time of award" is computed shall be determined by allowing interest at the maximum lawful raterate of interest permitted by applicable law. As used in subparagraph (c) above3), the "worth at the time of award" is computed shall be determined by discounting to present value such amount at one percent (1%) more than the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center in San Francisco in effect at the time of award plus one percent (1%)the award. Other than the foregoing, in no event shall Tenant be liable for consequential damages, opportunity costs, or lost profits suffered by Landlord as a result of any such claims.

Termination of Lease. Should Landlord elect Subject to SectionArticle 17.5, as applicable, District shall have the right to terminate this Lease pursuant and all rights of Tenant hereunder including Xxxxxx’s right to possession of the provisions of Sections 24.1 (a) or (c) above, Landlord Premises. In the event that District shall elect to so terminate this Lease then District may recover from Tenant, as damages, the following: : (a) The worth at the time of award of any the unpaid rental Rent and other charges, which had been earned at the time as of the termination, plus date of the termination hereof; plus (b) the The worth at the time of award of the amount by which the unpaid rental Rent and other charges which would have been earned after the date of the termination hereof until the time of award exceeds the amount of such rental loss Tenant that Xxxxxx proves could have been reasonably avoided, plus ; plus (c) the The worth at the time of award of the amount by which the unpaid rental Rent and other charges for the balance of the Term hereof after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, plus ; plus (d) any Any other amounts amount necessary to compensate Landlord District for all the detriment proximately caused by Tenant's Xxxxxx’s failure to perform its obligations under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, expenses of reletting, including necessary repair, renovation and alteration of the Premises, reasonable attorneys' fees thereforfees, (ii) maintaining or preserving the Premises after any defaultexpert witness costs, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) and any other costs necessary or appropriate to relet the Premises, plus reasonable costs; plus (e) at Landlord's electionTheSubject to the rights of any Leasehold Mortgagees, any the funds in the Capital Improvement Fund; plus (f) Any other amounts in addition to or in lieu of the foregoing as amount which District may by law hereafter be permitted to recover from time Tenant to time compensate District for the detriment caused by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Xxxxxx’s default.

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions Rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord’s Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Termination of Lease. Should Landlord elect may terminate Tenant’s interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord’s Reletting Expenses (a) as defined below). Landlord shall he entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (d1%)); and (iv) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 21.2.

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions base Rent, additional Rent, and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 22b.

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 20b.

Termination of Lease. Should If any such default by Tenant occurs, then in addition to any other remedies available to Landlord elect at law or in equity, Landlord shall have the immediate option to terminate this Lease pursuant to the provisions and all rights of Sections 24.1 (a) or (c) aboveTenant hereunder by giving Tenant a notice of termination. It Landlord so terminates this Lease, then Landlord may recover from Tenant, as damages, the following: : (a) The worth at the time of award of any unpaid rental rent which had been earned at the time of the such termination, plus ; plus (b) the The worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided, plus ; plus (c) the The worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term terms after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, plus ; plus (d) any Any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus therefrom; plus (e) at Landlord's election, any Such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadaapplicable California law. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum lawful raterate allowable under state or federal law, or, if no such maximum rate applies, at the rate of 18 percent per annum. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%).

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: ; (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would LEASE AGREEMENT (SINGLE TENANT FOR ENTIRE PARCEL - TRIPLE NET) (CONTINUED) have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 20b.

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant and all rights of Tenant -------------------- hereunder by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord. In such event Landlord may shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, as damagesbut not limited to, (i) the following: (a) The worth at the time of award of any unpaid rental rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental 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 (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its Tenant's obligations under this Lease or which, which in the ordinary course of things, events would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, including expenses of reletting, renovation and alteration of the Premises, reasonable attorneys' fees thereforattorney's fees, and any real estate commissions. The "worth at the time of award" for purposes of subsections (i) and (ii) maintaining or preserving above is computed by allowing interest at the Premises after any defaultmaximum legal rate, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph for purposes of subsection (ciii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%).. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the amount specified in this paragraph, or (y) proceeding under the provisions of the following Article 24(b);

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord, other than written notice from Landlord to Tenant of termination, shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: ; (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 20b.

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant and all rights of Tenant hereunder by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord. In such event Landlord may shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, as damagesbut not limited to, (i) the following: (a) The worth at the time of award of any unpaid rental rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental 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 (ciii) the worth at the time of award aware of the amount by which the unpaid rental rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its Tenant's obligations under this Lease or which, which in the ordinary course of things, events would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, including expenses of reletting, renovation and alteration of the Premises, reasonable attorneys' fees thereforattorney's fees, and any real estate commissions. The "worth at the time of award" for purposes of subsections (i) and (ii) maintaining or preserving above is computed by allowing interest at the Premises after any defaultmaximum legal rate, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph for purposes of subsection (ciii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (1%).. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the amount specified in this paragraph, or (y) proceeding under the provisions of the following Article 24(b);

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)Section 21b.

Termination of Lease. Should Landlord elect may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts without limitation Reletting Expenses described in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%Section 20(b).

Termination of Lease. Should In case of an Event of Default by Tenant, Landlord elect shall have the right, in addition to all other rights available to Landlord under this Lease or now or hereafter permitted by law or in equity, to terminate this Lease pursuant to the provisions by providing Tenant with a notice of Sections 24.1 (a) or (c) abovetermination. Upon termination, Landlord may recover from any damages proximately caused by Tenant's failure to perform under this Lease, or which are likely in the ordinary course of business to be incurred, including any amount expended or to be expended by Landlord in an effort to mitigate damage, as damageswell as any other damages which Landlord is entitled to recover under any statute now or hereafter in effect. Landlord's damages include, without limitation, the following: : (a1) The the worth at the time of the award of any unpaid rental Rent which had been earned at the time of the termination, plus ; (b2) the worth at the time of the award of the amount by which the unpaid rental Rent which would have been earned after termination until the time of the award exceeds the amount of rental the loss of such Rent that Tenant proves could have been reasonably avoided, plus ; and (c3) the worth at the time of the award of the amount by which the unpaid rental Rent for the balance of the Term term after the time of the award exceeds the amount of rental the loss of such Rent that Tenant proves could be have been reasonably avoided, plus (d) any other amounts 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, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a1) and (b2) above, the "worth at the time of award" is computed shall be determined by allowing interest at the maximum lawful raterate of interest permitted by applicable law. As used in subparagraph (c) above3), the "worth at the time of award" is computed shall be determined by discounting to present value such amount at one percent (1%) more than the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center in San Francisco in effect at the time of award plus one percent (1%)the award.

Termination of Lease. Should Landlord elect to terminate Terminate this Lease pursuant and all rights of -------------------- Tenant hereunder by any lawful means, in which case this Lease shall terminate and Xxxxxx shall immediately surrender possession of the Premises to the provisions of Sections 24.1 (a) or (c) above, Landlord. In such event Landlord may shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant' s default including, as damagesbut not limited to, (i) the following: (a) The worth at the time of award of any unpaid rental rent which had been earned at the time of the such termination, ; plus (bii) the worth at the time of award of the amount by which the unpaid rental 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 (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, ; plus (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its Tenant's obligations under this Lease or which, which in the ordinary course of things, events would be likely to result therefrom therefrom, including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking the cost of recovering possession of the Premises, including expenses of reletting, renovation and alteration of the Premises, reasonable attorneys' fees thereforattorney's fees, and any real estate commissions actually paid. The "worth at the time of award" for purposes of subsections (i) and (ii) maintaining or preserving above is computed by allowing interest at the Premises after any defaultmaximum legal rate, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph for purposes of subsection (ciii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (11 %).. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (x) taking possession of the Premises and recovering from Tenant the amount specified in this paragraph, (y) proceeding under the provisions of the following Article 24(b), and/or (z) exercise any other remedy allowed by law;

Termination of Lease. Should Landlord elect may terminate Xxxxxx's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant shall terminate this Lease. The Lease pursuant shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Xxxxxx will remain liable to Landlord for damages in an amount equal to the provisions rent and other sums that would have been owing by Tenant under this Lease for the balance of Sections 24.1 the Lease term, less the net proceeds, if any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (a) as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or (c) aboveother amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant, as damages, the following: (ai) The worth at the time of award of any unpaid rental rent which had been earned at the time of the termination, plus ; (bii) the worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably have been reasonably avoided, plus ; (ciii) the worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term term of the Lease after the time of award exceeds the amount of rental rent loss that Tenant proves could reasonably be reasonably avoidedavoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (div) any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by TenantXxxxxx's failure to perform its obligations under this Lease the Lease, or which, which in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession from the Event of the PremisesDefault, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%)without limitation Reletting Expenses described below.

Termination of Lease. Should If any such default by Tenant occurs, then in addition to any other remedies available to Landlord elect at law or in equity, Landlord shall have the immediate option to terminate this Lease pursuant to the provisions and all rights of Sections 24.1 (a) or (c) aboveTenant hereunder by giving Tenant a notice of termination. If Landlord so terminates this Lease, then Landlord may recover from Tenant, as damages, the following: : (a) The worth at the time of award of any unpaid rental rent which had been earned at the time of the such termination, plus ; plus (b) the The worth at the time of award of the amount by which the unpaid rental rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided, plus ; plus (c) the The worth at the time of award of the amount by which the unpaid rental rent for the balance of the Term terms after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, plus ; plus (d) any Any other amounts amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, which in the ordinary course of things, things would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus therefrom; plus (e) at Landlord's election, any Such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevadaapplicable California law. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest from the date of termination until the time of award at the maximum lawful raterate allowable under state or federal law, or, if no such maximum rate applies, at the rate of 18 percent per annum. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center San Francisco at the time of award plus one percent (10 %).