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<br />Page | 43 <br />4894-6811-3695v.2 0017787-000542 <br />4894-6811-3695v.2 0017787-000542 <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, includ ing, 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 1.1.411.1.47. Additional <br />Rent shall be computed on the basis of the average monthly amount thereof accruing during the 24- <br />month period immediately prior to default, except that if it becomes necessary to compute such <br />Additional Rent before such 24-month period has occurred, then it shall be computed on the basis of <br />the average monthly amount during such shorter period. As used in Sections 11.2.1(a) and 11.2.1(b) <br />above, the "worth at the time of award" shall be computed by allowing interest at the Interest Rate. <br />As used in Sections 11.2.1 (c) above, the "worth at the time of award" shall be computed by <br />discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the <br />time of award plus one percent (1%), but not in excess of the Interest Rate. <br />11.2.2. Continue Lease in Effect. Lessor may continue this Lease in effect without <br />terminating Tenant’s right to possession and to enforce all of Lessor's rights and remedies under this <br />Lease, at law or in equity, including the right to recover the Rent as it becomes due under this Lease; <br />provided, however, that Lessor may at any time thereafter elect to terminate this Lease for the <br />underlying Event(s) of Default by notifying Tenant in writing that Tenant’s right to possession of the <br />Premises has been terminated. <br />11.2.3. Removal of Personal Property Following Termination of Lease. Lessor <br />shall have the right, following a termination of this Lease and Tenant’s rights of possession of the <br />Premises under Section 11.2.1 above, to re-enter the Premises and, subject to applicable law, to <br />remove Tenant’s personal property from the Premises. Such property may be removed and stored in <br />a public warehouse or elsewhere at the cost of and for the account of Tenant , or disposed of without <br />such storage, in accordance with applicable California law. <br />EXHIBIT 11