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this Section 21, and waives any and all other notices or demand requirements imposed by applicable Law): 1, Terminate this Lease and Tenant's right to possession of the Premises and recover from Tenant an award of damages equal to the sum of the following; (a) the Worth at the Time of Award (as defined below)of the unpaid Rent which had been earned at the time of termination; (b) the Worth at the Time of Award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant affirmatively proves could have been reasonably avoided; (c) the Worth at the Time of Award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that Tenant affirmatively proves could be reasonably avoided; (d) any other amount necessary to compensate Landlord for all the detriment either proximately caused by Tenant's failure to perform Tenant's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) all such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under applicable Law. The "Worth at the Time of Award" of the amounts referred to in parts (a) and (b) above, shall be computed by allowing interest at the lesser of a per annum rate equal to; (A) the greatest per annum rate of interest permitted from time to time under applicable Law, or (B)the Prime Rate (defined below) plus five percent (5%). For purposes hereof, the "Prime Rate" shall be the per annum interest rate publicly announced as its prime or base rate by a federally insured bank selected by Landlord in the State of California. The "Worth at the Time of Award"of the amount referred to in part(c), above, shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent(1%o); 2. Employ the remedy described in California Civil Code §1951.4 (Landlord may continue this Lease in effect after Tenant's breach and abandonment and recover Rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations); or 3. Notwithstanding Landlord's exercise of the remedy described in California Civil Code§1951 A In respect of an event or events of Default, at such time thereafter as - Landlord may_elect in writing,_1Q...,ter_minate_..this---Lease-.and.--Tenant's-rig ht-to ... ... __ ._ possession of the Premises and recover an award of damages as provided above in Section 21.a.1 above, b. be cepetance pf Rent. The subsequent acceptance of Rent hereunder by Landlord shall not to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. No waiver by Landlord of any breach hereof shall be effective unless such waiver is in writing and signed by Landlord, SMRH:4898-2595.6119.5 "13- 4 HUTTON CENTRE City of Santa Ana(Pallce Substatlen) 072326 2219691,1 92ZK-404113