20C - AA - OC FLOOD CNTRL LEASE 17TH

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13. ltc~mcdies In the event of a11y default by "1`I~NAN"I~, then, in addition tea atay other remdies avaailable to I)IS'1'KlC''f at la~~~ or in equity, I?IS'1`ItIC"I' may exercise the following t°ernedies: I . I)IS'LRIC''L- naay termira4ate this Lease and. all ri~~hts of"1~L;NAN`1' heretiuldc;r by giving, ~vritt:n notice oI~ such. termination to TI?NANT"". in the. event that 1)1S"I'1ZIC"1" shall so ilea tea terminate this Lease, then DIS"1"IZIC'"l~ may rt;cover from TENANT: {a} "I`he worth at the time. of award taf the. unpaid rent and other charges, tivhich had been earned as of the date of the; terrmi~nation hereof; {b~ Any other amount necessary to ccampensate nISTRICT I'or gall the detriment proximatc:h~ caaased by "1'L;NAN"I"S failure to perf«rm its obligations unclear this Lease or which in the ordinan~ course t}f things mould be likely to result therefitatn. including, lout not Limited. to, the cost of recovering possession of the Premises, expenses caf-reletting, including necessary repair, renor~•ation and alteration cafe the f'reimases, rt;asonalale attore.~•s' fees. expert ~~=itness costs. and arty other reasonable costs; and (e} Any other armount ~~°hlcl~ DIS'I'IZIC''I' may by la~~~ herea~er be permitted to recover fi•onl I I-;NAN'C tc~ cormpensate 1~IS`l'IZIC"I' far the detriment caused b}~= "I'1~\1!N"I"S det<ault. ~T~he terror "rent" as used herein. shall be deemed to lae artd to mean the annum rent and. all Uiher suar~s required to be paid by "I'ENAN`I" purstirant to tlrc terms of this beast;. All such sums, other than the annual rent. shall be computed on the basis of the average monthl}r amount thereof accrtiring during the: ?~-n~c~nth period irmmeadately prior to default. except that if it becomes necessary tea compute such rental 1ac[orc such ?=1-month period leas occurred. then. such sums shall be commputed on the: basis t}f the a~~era~e mc>nthl~~ sirnount dtcring such. shorter period. As used in sulaparagraph 13.1.(x) above, the "~4-earth at the: titre of a~vsard" shall be ctanrputed by allo~~rin~; '-nterest ai the maxirxaum rate permitted by la~v. 2. Continue this I.easc in effect w°ithout ter~inating ..1'l~;N~11I.i.'S right to possession ,von though. "I'FNAN"I' has breached this Lease. and abandoned the I'reimises artd tea esnltarcc all of~ ISIS"I`I~IC" I`'S rights and t~c:tnedes under this Lease, at laiv or err equity, including the right to r~ccal°er th.o rent as it I7ecorno5 dui uaadcr this 1 ro4tsu; pro~~icietl, he>~~~~~e~', th~it I)IS~I'R.IC'"1' n~a~~ at any time thereafter elect to terminate this I ease Liar such previous breach by notii:}Ping `I'I:NANT in writing that'I`I~NAN'l`"~ right tea possssion afthe Premises has been terminated. 'vothin~= in this Section shall be deemed to affect "1'1;NAN'T'S inclenanity ca3' DIS'fI~:IC"I~ liability or liabilities based arptan occurrences prior to the termination taf this Lcasc fear personal injuries or property damage under the indemraiiication clause or clauses contained in this Lease. Nca delay car tanzissican of I~.ISTRIC,I. to exercise; any right car remed~~ shall be construed as a t~-aivir taf such ri~~llt or remedy or any default by 'I•IN<AN'1' lieretiu~rder. 'fhe <acct;ptancc bt I.)IS'I'RIC'"I' ol~rent tar Gaaay other sums hereunder shall not be (a) a waiver of any Eareceding larcach tar default by "C1:NAN°I.. of ar~y provision thereof: other than the failure taf'I"I:iJA'v`l" to pay ihc: particular rent or sum accepted, regardless of I7IS'I"Ii1C:'I"'S 1<notivledge of such prt;cecling laeeLach tsar default. at the time ta! acceptance of stitch rent or sum., or (b} tivaver of UIS~I'IZIC•I''S right to exercise any remedy available to I.)IS"I~LtI(' l' by virtue caf'sucl~ breach or default. No tact or thing:. done by I)IS'I'ItIC'"1' car :axita ,Ana IZvcr t'laannk] (C:t)1-it] ~j?] L' 1"tE~ 4t;e.t I';ia~rtistle [,_~ac f]~Es~ (+R [:~.t}g} 20C-48