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I shopping center in which the demised premises is located. Consent by Landlord to one assignment,
<br />2 subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent
<br />3 assignment, subletting, occupation or use by another person. Consent to an assignment shall not release the
<br />4 original named Tenant from liability for the continued performance of the terms and provisions on the part of
<br />5 Tenant to be kept and performed, unless Landlord specifically releases the original named Tenant from said
<br />6 liability. Anyassignment or subletting without the prior written consent of Landlord shall be void, and shall, at
<br />7 the option of Landlord, terminate this Lease. Neither this Lease nor any interest therein shall be assignable,
<br />8 as to the interest of Tenant, by operation of law, without the prior written consent of Landlord.
<br />9
<br />10 22. D E F A U L T. If Tenant fails to make any rentalpayment or other payment required by the
<br />11 provisions of this Lease, when due, or fails within thirty (30) days after written notice thereof to correct any
<br />12 breach or default of the other covenants, terms or conditions of this Lease, or if Tenant breaches this Lease
<br />13 andabandonsthe propertybefore theendof theterm, or if Tenant changes any term orcondition of this Lease
<br />14 which Landlord has not expressly consented to in writing, Landlord shall have the right at anytime thereafter
<br />15 to elect to terminate this Lease and Tenant's right to possession thereunder. Upon such termination,
<br />16 Landlord shall have the right to recover against Tenant:
<br />17
<br />18 A. The worth at the time of award of the unpaid rent which had been earned at the time of
<br />19 termination;
<br />20
<br />21 B. The worth at the time of award of the amount by which the unpaid rent which would have been
<br />22 earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves
<br />23 could have been reasonably avoided; and
<br />24
<br />25 C. The worth at the time of award of the amount by which the unpaid rent for the balance of the
<br />26 term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably
<br />27 avoided; and
<br />28
<br />29 D. Any other amount necessary to compensate Landlord for all the detriment Proximately caused
<br />30 byTenanf s failure to perform its obligations underthis Lease or which [n the ordinary course of things would
<br />31 be likely to result therefrom.
<br />32
<br />33 The "worth at the time of award" of the amounts referred to in subparagraphs A and B above shall be
<br />34 computed by allowing interest at ten percent (10%) per annum. The worth at the time of award of the amount
<br />35 referred to in subparagraph C shall be computed by discounting such amount at the discount rate of the
<br />36 Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
<br />37
<br />38 Such efforts as Landlord may make to mitigate the damages caused by Tenant's breach of this Lease
<br />39 shall not constitute a waiver of Landlord's right to recover damages against Tenant hereunder, nor shall
<br />40 anything herein contained affect Landlord's right to indemnification against Tenant for any liability arising
<br />41 prior to the termination of this Lease for personal injuries or property damage, and Tenant hereby agrees to
<br />42 indemnify and hold Landlord harmless from any such injuries and damages,.including all attorneys fees and
<br />43 costs incurred by Landlord in defending any action brought against Landlord for any.recoverythereof, and in
<br />44 enforcing the terms and provisions of this indemnification against Tenant.
<br />45
<br />46 Notwithstanding any of the foregoing, the breach of this Lease by Tenant, or an abandonment of the
<br />47 demised premises by Tenant, shall not constitute a termination of this Lease, or of Tenant's right of
<br />48 possession hereunder, unless and until Landlord elects to do so, and until such time Landlord shall have the
<br />49 right toenforce all of its rights and remedies underthis Lease, including the rightto recover rent and all other
<br />50 payments to be made by Tenant hereunder, as it becomes due; provided, however, that untill such time as
<br />51 Landlord elects to terminate this Lease, and Tenanfs right of possession hereunder, Tenant shall have the
<br />52 rightto sublet the demised Premises orto assign its interests in this Lease, or both, subject onlyto rhe written
<br />53 consent of Landlord, which consent shall not be unreasonably withheld.
<br />54
<br />55 As security for the performance by Tenant of all of its duties and obligations hereunder, Tenant does
<br />56 hereby assign to Landlord the right, power and authority, during the continuance of this Lease, to collect the
<br />57 rents, issues and prof its of the demised premises,andretainsaid rents, issues and Prof its astheybecomedue
<br />58 and payable. Upon any such breach or default, Landlord shall have the right at any time thereafter, without
<br />59 notice except as provided for above, either in person, by agent or by a receiver to be appointed by a court to
<br />60 enter nd take pos session of said demised premises and collect such rents, issues and profits, including 61 those
<br />includingast due and unpaid, and apply the same, less costs and expenses of operation and collection,
<br />62 including reasonable attorneysfees, upon any indebtedness secured hereby, and in such orderas Landlord
<br />63 may determine.
<br />54
<br />65
<br />66 The parties hereto agree that acts of maintenance or preservation or efforts to release the premises, or
<br />67 the appointment of a receiver upon the initiative of Landlord to protect its interests underthis Lease shall not
<br />68 constitute a termination of Tenant's right of possession for the purposes of this section unless accompanied
<br />69 by a written notice from Landlord to Tenant of Landlord's election to so terminate.
<br />70
<br />71 Tenant acknowledges that Landlord has executed this Lease in reliance on the financial information
<br />72 furnished by Tenant to Landlord as to Tenanfs financial condition. In the event that it is determined at any
<br />73 time subsequent to the date of this Lease that any of the financial information furnished by Tenant is
<br />74 substantially untrue or inaccurate, Tenant shall be deemed to be in default under this Lease, which default
<br />75 shall not be subject to cure, and which shall entitle Landlord to. exercise all remedies reserved to Landlord
<br />76 under this Lease or otherwise available to Landlord by law.
<br />77
<br />78 In the event of a default of any rental payment or other payment due underthis Lease, Landlord may in
<br />79 Landlord's notice to Tenant of such default require that Tenants payment to cure the default be in cash,
<br />80 cashier's check and/or certified check Landlord and Tenant agree that should Landlord so elect to require
<br />(3/22/83) Pape 8 of 11
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