|
EXHIBIT "fl"
<br />REMEDIES
<br />Remedies for Events or Dcfsult
<br />1.1 Landlord's Riffbl To Terminate Unon Tenant Decant. In the event of any Event of Default by Tenant as provided in aggLim
<br />I5 J, of the Lease, Landlord shall have the right to terminate this Lease and recover possession of the Premises by giving written notice to Tenant of
<br />Landlord's election to terminate this Lease, in which event Landlord shall be entitled to receive from Tenant: (a) the worth at rile time of award or
<br />any unpaid Rent which had been earned at die time of such termination; plus (b) die 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 beau
<br />reasonably avoided; plus (a) the worth at the time of award of the amount by which the unpaid Rent for the balance of die Term after the time of
<br />award exceeds the amount or such rental loss that Tenant proves could be reasonably avoided; plus (d) any other amount necessary to compensate
<br />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
<br />things would be likely to result therefrom; and (e) at Landlord's election, such other amounts in addition to or in lieu 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 Right To Continue Lease Upon Tenant Default. In the event of an Event of Default of this Leese and
<br />abandonment of the Premises by Tenant, if Landlord does not elect to terminate this Lease as provided in Section 1. 1 of this" hi i " " Landlord
<br />may from time to time, without terminating this Lease, enforce all of its rights and remedies under this Lease. Without limiting the foregoing,
<br />Landlord has the remedy described in California Civil Code Section 1951 A (Landlord may continue this Lease in effect after Tenant's breach and
<br />abandonment and recover Rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations).
<br />1.3 Right or Landlord to Perform, All covenants and agreements to be performed by Tenant under this Lease shall be performed
<br />by Tenant at Tenant's sole cost and expense. If Tenant shall fail to pay any sum of money, other than Base Rent, required to be paid by it hereunder
<br />or shall fail to perform any other act on its part to be performed hereunder, then, in addition to and without prejudice to any other right or remedy of
<br />Landlord, Landlord may cure die same at the expense of Tenant: (a) immediately and without notice in die case: (1) of emergency, (f) where such
<br />default unreasonably interferes with any other tenant in the Project, (iv) 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 tinder Section 33.1 and Section 10.5 of this Lease above and (ii) in any other case if such default continues for ten (10) days
<br />from the receipt by 'tenant of notice of such default from Landlord. Any sums so paid by Landlord and all incidental costs plus Landlord's
<br />reasonable administration fee thereon, together with interest thereon at the Default Rate 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 die event of nonpayment as in tine case of default by Tenant
<br />in the payment of Rent. This Section 1.3 of this Exhibit "shall survive the expiration or tenmburdon of this Lease,
<br />1.4 Late PAynient. If two (2) or more Rent Delinquencies shall occur in any twelve (12) month period, Landlord may, without
<br />prejudice to any other tights or remedies available to it, upon written notice to Tenant: (a) require all remaining monthly 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 mondn's Rent.
<br />1.3. Subleases of Tenant. Whether or not Landlord elects to terminate this Lease on account of an Event of Default, Landlord shall
<br />have the right to either: (a) terminate any and all subleases, licenses, concessions or other consensual arrangements entered into by Tenant that affect
<br />die Premises or (b) in its sole discretion, elect to succeed to Tenant's interest in such subleases, licenses, concessions or arrangements (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 R let. No re-entry or taking of possession of the Premises by Landlord following an Event of Default 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 thereof be decreed by a
<br />court of competent jurisdiction, and Tenant's right to possession shall not be deemed to have been temninated by efforts of Landlord to relel die
<br />Premises, by Its acts or maintenance or preservation with respect to the Premises, or by appointment of a receiver to protect Landlord's interests
<br />under the Leese. The foregoing enumeration is not exhaustive, but merely illustrative of acts which may be performed by Landlord without
<br />tenninuting Tenant's right to possession. Notwithstanding any reletting of die Premises following any Event of Default without termination of this
<br />Lease by Landlord, Landlord may, at any time after such releaing, elect to terminate this Lease for any Event or Default. To die tallest extent
<br />permitted by Law, the proceeds of any reletting of the Premises shall be applied: (a) first, to pay to Landlord all costs and expenses of such reletting
<br />(including, without limilation, costs and expenses of -retaking or repossessing the Premises, removing persons and property theref oln, seetring new
<br />tenants, including expenses far redecoration, alterations anti other costs in connection with preparing tie Premises for the new tenant, and if Landlord
<br />shall maintain and operate the Premises, the costs thereof) and receivers' fees incurred in connection with the appointment orand performance by n
<br />receiver to protect the Remises and Landlord's interest under this Lease and any necessary or reasonable alterations; lb) second, to the payment of
<br />any indebtedness of Tenant to Landlord other than Rent due and unpaid hereunder; (a) third, to the payment of Rent due and unpaid hereunder; and
<br />(d) the residue, if any, shall be held by Landlord and applied in payment orother or future obligations orTennnt to Landlordas the same may become
<br />due and payable, and Tenant shall not be entitled to receive any potion of such revenue. 'Phis Section 3 of Ibis Exhibit I'll" shall survive the
<br />expiration or termination orthis Lease.
<br />3, - Cumulative Remedies. 'file specific remedies In which Landlord ninny resort under ilia terms of this Lease are cumulative and are not
<br />Intended to be exclusive of any other remedies or nneans or redress to which it may be lawfully entitled in ease of any breach or threatened breach by
<br />Tenant of any provisions of this Lease. In addition to the other remedies provideil in this Lease, Landlord shall be entitled to a restraint by injunction
<br />of the violation or attempted or threatened violation ofany orthe covenants. conditions or provisions or this Lease or to a decree compelling specific
<br />performance crony such covenants. conditions or provisions. In addition, upon the occurrence of an Event of Deloult by Tenant, if the Premises or
<br />any portion thereof ore sublet, Landlord, in addition and without prejudice to any oher remedies herein provided or provided by Law, may, at its
<br />3q1 WChfe Center Dr— CIA'vfSem aAna Lnro'e -I- Exhibit l l
<br />
|