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EXHIBIT "Id" <br />REMEDIES <br />Remedies for Events of Default <br />1.1 Landlord's Richt To Terminate Upon Tenant Default. In the event of any Event of Default by Tenant as provided in Section <br />15.1 of the Lease, Landlord shall have the right to terminale this Lease and recover possession of the Premises by giving written notice to Tenant of <br />Landlord's election to terminate this Lease, in which event Landlord shall be entitled to receive from Tenant: (a) the worth at the time of award or <br />any unpaid Rent which had been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid <br />Rent which would have been eared after termination until the lime of award exceeds the amount of such rental loss Tenant proves could have been <br />reasonably avoided; plus (c) the worth at the time of award of the amount by which the unpaid tient for the balance of the Tel -III after the time of <br />award exceeds the summit of such rental loss that Tenant proves could be reasonably avoided; plus (d) any other amount necessary to compensate <br />Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of <br />things would be likely to result therefrom; and (e) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be <br />permitted from tune to time by applicable law. As used in clauses (a) and (b) above, "worth at the time of award" shall be computed by allowing <br />interest at the then highest lawful contract rate of interest. As used in clause (c) above, "worth at the time of award" shall be Computed by <br />discounting such amount at the Interest Rate. <br />1.2 Landlord's Rinht To Continue Lease Upon Tenant Default. In the event of an Event of Default of this Lease and <br />abandonment of the Premises by Tenant, if Landlord does not elect to terminate this Lease as provided in Section 1.1 of this Exhibit" H", Landlord <br />may from time to time, without terminating this Lease, enforce all of its rights and remedies under this Lease. Without limiting the foregoing, <br />Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue this Lease in effect after Tenant's breach and <br />abandonment and recover Rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations). <br />1.3 Richt of Landlord to Perform. All covenants and agreements to be performed by Tenant under this Lease shall be performed <br />by Tenant at Tenant's sole cost and expense. If Tenant shall fail to pay any sum of money, other than Base Rent, required to be paid by it hereunder <br />or shall fail to perform any other act on its part to be performed hereunder, then, in addition to and without prejudice to any other right or remedy of <br />Landlord, Landlord may cure the same at the expense orTenant: (a) immediately and without notice in the case: (i) of emergency, (ii) where such <br />default unreasonably interferes with any other tenant in the Project, (iv) a failure to satisfy or otherwise discharge any Encumbrance, (iv) where such <br />default will result in the violation of Law or the cancellation of any insurance policy maintained by Landlord, or (v) any faiture of Tenant to perform <br />any of its obligations under Section 3.3.1 and Section 10.5 of this Lease above and (ii) in any other case if such default continues for ten (10) days <br />from the receipt by Tenant of notice of such default from Landlord. Any sums so paid by Landlord and all incidental costs plus Landlord's <br />reasonable administration fee thereon, together with interest thereon at the Default Rate from the date of such payment, shall be payable to Landlord <br />as Additional Rent on demand, and Landlord shall have the same rights and remedies in the event of nonpayment as in the case of default by Tenant <br />in the payment of Rent. This Section 1.3 of this Exhibit "H" sha11 survive the expiration or termination of this Lease. <br />1.4 Late Payment. If two (2) or more Rent Delinquencies shall occur in any twelve (12) month period, Landlord may, without <br />prejudice to any other rights or remedies available to it, upon wi inen notice to Tenant (a) require all remaining monthly installments of Rent to be <br />paid three (3) months in advance and/or (b) require Tenant w increase the Security Deposit (if any) by an amount equal to one month's Rent. <br />1.5. Subleases of Tenant. Whether or not Landlord elects to terminate this Lease on account of an Event of Default, Landlord shall <br />have the right to either (a) terminate any and all subleases, licenses, concessions or other consensual arrangements entered into by Tenant that affect <br />the Premises or (b) in its sole discretion, elect to succeed to Tenant's interest in such subleases, licenses, concessions or arrangements (in which case, <br />as of the date of such election, Tenant shall have no further right to or interest in the rent or other consideration receivable thereunder). <br />2. Efforts to Relet. No re-entry or faking of possession of the Premises by Landlord following an Event or Default shall be construed as an <br />election to terminate this Lease unless a written notice of such election shall be given to Tenant or unless the termination thereof be decreed by a <br />court of competenljurisdiction, and 'tenant's right to possession shall not be deemed to have been terminated by efforts of Landlord to role[ the <br />Premises, by its acts of maintenance or preservation with respect to the Premises, or by appoinunent of a receiver to protect Landlord's interests <br />under the Lease. The foregoing enumeration is not exhaustive, but merely illustrative of acts which may be performed by Landlord without <br />terminating Tenant's right to possession. Notwithstanding any reletting of the Promises following any Event of Default without tenninalion of this <br />Lease by Landlord, Landlord may, at any time after such reletting, elect to terminate this Lease for any Event of Default To the fullest extent <br />permitted by Low, the proceeds of any reletting of the Premises shall be applied: (a) first to pay to Landlord all costs and expenses of such reletting <br />(including, without limitation, costs and expenses of ictaking or repossessing the Premises, removine persons and property lhereli-om, securing new <br />tenants., including cxpenses For redecoration, alterations and other costs in connection with preparing tlrePremises fertile new tenant, and if Landlord <br />shall maintain and operate the Premises, the costs thereof) and receivers' fees incun-ed in connection with the appointment of and performance by a <br />receiver to protect the Premises and Landlord's interest under this Lease and any necessary or reasonable alterations; (b) second, to the payment of <br />any indebtedness ofTenant to Landlord other than Rent due and unpaid hereunder: (c) third, to the payment of Rent due and unpaid hereunder, and <br />(d) the residue, if any. shall be held by Landlord and applied in payment ofotmer or future obligations ofTenant to Landlord as the same may become <br />due and payable. and Tenant shall not be enticed to receive any portion Of such revenue. This Section 3 of' this Exh ihit "I I- shall survive the <br />expiration or termination of this Lease. <br />3. Cumulative Remedies. The specific remedies to which Landlord may resort ruder tie leans of this Lease are cumulative and are not <br />intended to be exclusive of any other remedies or means of redress to which it may be lawfully entitled in case of any breach or threatened breach by <br />Tenant of any provisions of this Lcase. In addition to the other remedies provided in this Lease. Landlord shall be entitled to a restraint by injunction <br />of the violation or attempted or Ihreatened violation of any of the covenantsconditions or provisions of this Lease or to a decree compelling specific <br />perfornhunce of any such covenants_ conditions or provisions. In addition, upon is oceun-ence of an Event of Dalaull by Tentim, if the Premises or <br />any portion thereof arc sublet Ltmdlm-d_ in addition and without prejudice to any other renhcdies herein providad m- provided by Law. may, at its <br />801 H' Ch ie Center Dm —Cinof Y... c, I ... , Lear - I - Exhibit I I <br />