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EXHIBIT 3
<br />EX HI BIT I'll"
<br />REMEDIES
<br />Remedies for Events of Dorault
<br />LI. Load lord's Plit,lit To Term Inn Ed Unait Tenn ill Bore pit. In the oven of any Event of Default by Tenons as provided in 5egtlon
<br />IS j of file Lease, Landlord shell have the right to terminate ill Is Lease and recover possesaiOn of the Premises by giving written not lee to Tenant of
<br />Landlord's election to terminate this Lease, In which event Landlord shall be and Iled to receive from Tenant; (a) die worth at Ale time of award or
<br />any unpaid Rent which had been earned at the time or such termination; phis (b) the worth at the lima of award of the amount by which the unpaid
<br />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
<br />reasonably avoided; plus (a) the worth at the time of award of the amount by which the unfold Rent for tine balance cribs Term after the time or
<br />award exceeds tine amoral of such rental loss that Tenant proves could be reasonably avoided; plus (d) any other amount necessary to compensate
<br />Landlord fro' all the detriment proximately caused by Tenant's failure to perlbmh its obligations under this Lease or which in the ordinary course or
<br />things would be likely to result therefrom; and (e) at Landlord's election, such other amounts in addition to or lit Ilea of the foregoing as may be
<br />permitted from time to time by applicable law, As used In clauses (a) and (b) above, "worth at the time of award" shall be computed by allowing
<br />interest At the then highest lawful contract rate of interest. As used in clause (c) above, "worth at the time of award" shall be computed by
<br />discounting such amount at the interest Rate,
<br />1.2 Landlord's Riaht To nit c use U LL Tenant Dar r, In the event of an Event of Default of this Lease cad
<br />abandonment of the Premises by Tenant, if Landlord does not elect to terminate this Lease as provided in Section Ll of this ELhiblt "B" Landlord
<br />may ffvm time to time, without terminating this Lease, enforce all of its rights and remedies under this Lease. Without Honking the foregoing,
<br />Landlord ties the remedy described In California Civil Code Section 1931.4 (Landlord may continue this Lease in effect after Tenant's breach and
<br />abandonment and recovar Rant as It becomes due, irTenant has the right to sublet or Assign, subject only to reasonable limitations).
<br />1.3 Rfaht of Landlord to Perform, All covenants and agreements to be performed by Tenant under Mils Lease shall be performed
<br />by Tenant At TenMt'a sole cost and expense. If Tenant shall fail to pay any sum of money, other than Bose Rent, required to be paid by It hereunder
<br />Or shall fail to perform any other act on its part to be performed hereunder, than, in addition to and without prejudice to Any other right or remedy of
<br />Landlord, Landlord may cure the same at the expense of Tenant (a) immediately and without notice in the case; (1) of emergency, (li) where such
<br />default unreasonably interferes with any other tenant in the Project, IN) a failure to satisfy or otherwise discharge any Encumbrance, (Iv) where such
<br />default will result in the violation of Law or the cancellation of Any Insurance policy maintained by landlord, or (v) any failure of Tenant to perform
<br />any of its obligations under Section 3.33 and Section 10.5 or this Lease above and (i)) in my other case if such default continues for ten (10) days
<br />from tie receipt by Tenant of notice of such default Rom Landlord. Any sums so paid by Landlord and all incidental costs plus Landlord's
<br />reasonable administolion fee thereon, together with interest thereon at the Default Irate from the date of such payment, shall be payable to Landlord
<br />as Additional Rent on demand, And Landlord shall have the same rights and remedies in the event of nempAymont as to tine case of dciault by Tenant
<br />in Ole payment of Rent. This ctlon 1.3 of this Exhibit NT'shall survive the expiration or termination of this Lease.
<br />1.4 LNte PAynicr :. If two (2) or more Rent Delinquencies shall occur In any twelve (12) month period, Landlord may, without
<br />prejudice to any other rights or comedies available to it, upon written notice to Tenant: (a) require all remaining mondly installments of Rent to be
<br />paid three (3) months In advance and/or (b) require Tenant to increase the Security Deposit (if any) by an amount equal to one mohth's Renl.
<br />1.5, Subleases ofpenant, whetter or not Landlord elects to terminate iris Lease on necount or on Event of Default, Landlord shall
<br />have die right to either: (a) terminate may and all subleases, licenses, concessions or other consensual arrangements entered Into by Tenant that affect
<br />tic Premises or (b) In its sole discretion, elect to succeed to Tenant's interest In such subleases, licenses, concessions or arrongeril (in which case,
<br />as of the date of such election, Tenant shall have no further right to or interest in the rent or Other consideration receivable thereunder).
<br />2. Efforts to Relet. No re-enlry or taking of possession orthe Premises by Landlord following an Event of Defuult shall be construed as an
<br />election to terminate this Lease unless a written notice of such election shall be given to Tenant or unless the termination (hereof be decreed by a
<br />court of competent jurisdiction, and Tenant's right to possession shall not be deemed to have been terminated by efforts of Landlord to retel tie
<br />Premises, by its nets of maintenance or preservation with respect to the Premises, or by appuinhmcnt of a receiver to protect Landlord's interests
<br />under the (..ease. The Foregoing enumeration is not exlhaustive, but merely illustrative of acts which may be performed by Landlord without
<br />terminating Tenant's right to possession, Notwithsmntding any relettimg of die Premises following any Event of Defuult without termination of this
<br />Lease by Landlord, Landlord may, At Ally time after such resetting, elect to (originate this Lease for any Event or Default. To die fttlest extent
<br />pannitled by Law, the proceeds orally reletling of [lie Premises shall be Applied: (a) first, to pay lO Landlord all costs and expenses of such retetting
<br />(Including, without limitation, costs slid expenses OrMLoking or repossessing the Premises, removing persons and frugally theralrOnl, securing new
<br />tenants, Including expenses fur redecoration, alterations and other costs in connection with propping Ole Premises Fertile now tenant, and if Landlord
<br />shall maintain and operate the Premises, the casts thereof) and receivers' fees dncull-Od in connection with the Appointment ofnnd performance by n
<br />receiver to protect the Promises and Landlord's interest under this Least and any nceessary or reasonable Alterations; (b) second, to the payment or
<br />any indebtedness of Tenant to Landlord other than Rent due and unpaid hereunder; (c) third, to the payment of Rent due and unpaid hereunder; and
<br />(d) the residue, ifany, still be held by Landlord tad applied in payment ofodher or ruure obligations of Tenant to Landlord as.lhe some may become
<br />due and payable. and Tennnt shall not be entitled in receive any portion or such revenue. This Section 3 of This U31tilt "id" shall survive the
<br />expiration Or ferm itudon Orthis Lease.
<br />3, Sumuhrth'e Remedies, The specific rentedfes to which Landlord may resort under the terms of this Lease are cunndativc mud are not
<br />intended to be exclusive orally other remedies or morns or redress to which it may be lawftdly entitled in ease of on) breach ur threatened breach by
<br />Tennnt ul'any provisions Ordils Lease, In Addition to the other renedies provided in this Lease, Landlord Shull bO entitled to a rastralnt by injunction
<br />nl'lhe violation or utremptod or threatened violation ol'any urine covenants. cnndfliuns ur pruvisions or this Lease or to a decree compelling specific
<br />fe parvuntce Orally such governing. conditions or provi:dons. In addition, upon the occurrence of on Event of Duloult by Tenant, if the Promises or
<br />any portion ttoreof are sublet, L.undlnrd, in atidilion and without prejudice to any other rcnhadies herein provided or provided by Law, may. at its
<br />$ill I1+04e 011for Dr—C((r ofS7witaMu, Lerzm -I- Exhibit II
<br />80A-703
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