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i0a:11-111 a <br />11.1.8. Lessor's Consent and Approval of Transfer. Occupancy of the Premises <br />by a prospective transferee, sublessee, or assignee which requires Lessor's consent or approval, <br />before Lessor's written consent and approval of a Transfer is obtained as required in Section 10.1. <br />11.1.9. Tenant's failure to make Additional Rent payment(s) as set forth in Sections <br />11.3 and 11.10 <br />11.2 Lessor's Remedies. If an Event of Default occurs, Lessor shall have the following <br />remedies in addition to all rights and remedies provided by law or equity to which Lessor may resort <br />cumulatively or in the alternative: <br />11.2.1. Termination of Lease. Subject to Article 17, as applicable, Lessor shall have <br />the right to terminate this Lease and all rights of Tenant hereunder including Tenant's right to <br />possession of the Premises. hi the event that Lessor shall elect to so terminate this Lease then Lessor <br />may recover from Tenant: <br />(a) The worth at the time of award of the unpaid Rent and other charges, <br />which had been earned as of the date of the termination hereof, plus <br />(b) The worth at the time of award of the amount by which the unpaid Rent <br />and other charges which would have been earned after the date of the termination hereof until the <br />time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably <br />avoided; plus <br />(c) The worth at the time of award of the amount by which the unpaid Rent <br />and other charges for the balance of the Term hereof after the time of award exceeds the amount of <br />such rental loss that Tenant proves could be reasonably avoided; plus <br />(d) Any other amount necessary to compensate Lessor for all the detriment <br />proximately caused by Tenant's failure to perform its obligations under this Lease or which in the <br />ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of <br />recovering possession of the Premises, expenses of reletting, including necessary repair, renovation <br />and alteration of the Premises, reasonable attorneys' fees, expert witness costs; plus <br />(e) Subject to the rights of any Leasehold Mortgagees and TCAC, the funds <br />in the Capital Improvement Fund; plus <br />(f) Any other amount which Lessor may by law hereafter be permitted to <br />recover from Tenant to compensate Lessor for the detriment caused by Tenant's default as permitted <br />under applicable California law. <br />The term "Rent" as used herein shall mean as defined in Section 1.1.41. Additional Rent <br />shall be computed on the basis of the average monthly amount thereof accruing during the 24-month <br />period immediately prior to default, except that if it becomes necessary to compute such Additional <br />Rent before such 24-month period has occurred, then it shall be computed on the basis of the average <br />monthly amount during such shorter period. As used in Sections 11.2.1(a) and 11.2.l(b) above, the <br />"worth at the time of award" shall be computed by allowing interest at the Interest Rate. As used in <br />Sections 11.2.1 (c) above, the "worth at the time of award" shall be computed by discounting such <br />Page 140 <br />