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EXHIBIT 94"
<br />REMEDIES
<br />Remedies for Events of Default
<br />1.1. Landlord's Right To Terminate Unon Tenant Default. In the event of any Event of Default by Tenant as provided in Sect inn
<br />I5I 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 />Lmtdlord's election to tenninale this Lease, in which event Landlord shall be entitled to receive from Tenant; (a) the worth at the time ofaward or
<br />any unpaid Rent which had been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid
<br />Rent which would have been caned 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 or die amount by which the unpaid Rent for the balance of the Term after the time of
<br />award exceeds the amount of 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 perfomn its obligations under this Lease or which in the ordinary course of
<br />things would be likely to result therefrom; and (c) 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 Lease 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 Exhibit "H", 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 One remedy described in California Civil Code Section 1951.4 (Landlord may continue tilts 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 />13 Right of 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 fell to pay any seen 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 the same at the expense of Tenant: (a) immediately and without notice in the case: (i) of emergency, (H) 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 under Section 3,11 and Section 10.5 of this Lease above and (d) in any other case if such default continues for ten (10) days
<br />from die receipt by Tenant of notice of such default from Landlord. Any suns so paid by Landlord and all incidental costs plus Landlord's
<br />reasonable administration fee thereon, together with interest thereon at the Default Rate final die date of such payment, shall be payable to Landlord
<br />as Additional Runt on demand, and Landlord shall have the same rights end remedies is the event of nonpayment as in the case of default by Tenant
<br />in the payment of Rent. This Section 1.3 of this Exhibit "IT' shall survive the expiration or termination of this Lease,
<br />1.4 Late Payment. If two (2) or more Rent Delinquencies shall occur is any twelve (12) month period, Landlord may, without
<br />prejudice to any other rights 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 nlonth's Rent.
<br />1.5. Subleases of Tenant. Whether or not Landlord elects to tenninale 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 ofl'ecl
<br />the Premises or (b) in its sole discretion, elect to succeed to Tenant's interest in such subleases, licenses, concessions m arrangements (in which case,
<br />as of the date of such election, '['client shall have no further right to or interest in the rent or other consideration receivable thereunder).
<br />2 Efforts to Relet. No re-entry or taking of possession orthe 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 he given to Tenant or unless the termination thereof be decreed by u
<br />court Of competent jurisdiction, and Tenant's right to possession shall not be deemed to have been ternninated by efforts of Landlord to coal the
<br />Premises, by its acts of maintenance or preservation with respect to the Premises, or by appointment of a receiver to protect Landlard's interests
<br />under the Lease. The foregoing enumeration is not exhaustive, but merely illustrative of acts which may be performed by Landlord without
<br />terminating Tenant's right to possession. Notwithstanding any relating of the Promises following any Event of Default without termination of this
<br />Lease by Landlord, Landlord may, at any time after such reletting, elect to terminate this Lease fo' any Event of Default. To the fullest extent
<br />pennitled by Law, the proceeds oitiny reiettiug of the Premises shall tic applied: (a) first, to pay to Landlord all costs and expenses of such reletting
<br />(including, without limitation, costs slid expenses Of retaking or repossessing the Premises, removing persons and property therefrom, securing new
<br />tenants, including expenses fen redecoration, alterations and other costs ill connection with preparing the 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 ot'and pedinrmance by a
<br />receiver to protect the Premises• and Landlord's interest Under this Lease and any necessary or reasonable ulus anions; (b) second, to the payment of
<br />any indebtedness of Tununt to Landlord other than Rent due and unpaid hereunder; (c) third, to the payment of Rent due and unpaid hereunder; anti
<br />(d) the residue, ifeny, shall be held by Landinrd rend applied in payment OrOdler or future obligations ofT'enant to Landlord as the same may become
<br />clue anti payable, and Tenant shall not be entitled to receive any portion of such revenue, This Section 3 of this Exhibit "ll" shall survive the
<br />expiration w termination orthis Lease.
<br />3, Cumulative Remedies. The specific remedies to which Landlord tray resort under the terns or this Lease are cumulative and are not
<br />Intended to be exclusive of any other remedies or nncans orredress to which it may be Iaxvtully entitled in case orally breach or threatened breach by
<br />Tenant of my provisions urthis Lease. In addition to the other remedies provided in this Lease, Landlord shall be entitled to u restraint by injunction
<br />of the violation or anemptetl or threurened violation orally of due covenants. conditions tar provisions of this Lease or to a decree compelling specific
<br />performance orally such covenants. conditions or provisions. In addition, upon the Occurrence of en Event of Dcfhult by Tenant, if the Premises or
<br />any portion thereof are sublet Landlord, in addition and without prejudice to any other remedies heoln provide([ or provided by Lane, may, lit its
<br />801 WCh iv Cenmr Dr—Cio• aJ:SnnaMna Lucre -I- Exhibit I I
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