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EXFII BIT "H"
<br />REMEDIES
<br />Remedies far Events of DCIh UIt
<br />1.1. Landlord's Right To Terminate Upon Tenn a Bela art. In the event orally Event of Default by Termites provided in Section
<br />ICI of the Lease, Landlord shall have the right to lenninate this Lease and recover possession of the Premises by giving written notice to Tenant of
<br />Landlord's election to lenninate this Lease, in which event Landlord shall be entitled to receive from Tenant: (a) the worth at the time oraward or
<br />oily unpaid Rent which had been earned at the time of such termination; plus (b) die worth at the time of award of the amount by which the unpaid
<br />Rent which would have been earned after termination until (he time oraward exceeds the amount of such rental loss Tenant proves could have been
<br />reasonably avoided; plus (c) the worth at the dine of award orthe amount by which die unpaid Real for die balance of the Term after the time of
<br />award exceeds die amount 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 time to time by applicable law. As used in clauses (a) and (b) above, "worth at the time oraward" shall be computed by allowing
<br />interest at the then highest lawful contract rate of interest. As used in clause (e) above, "worth at file lime of award" shall be computed by
<br />discounting such amount at the Interest Rate.
<br />1.2 Landlord's Right 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 slid 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, ifTenant has the right to sublet or assign, subject only to reasonable limitations).
<br />1.3 Right of Landlord to Perform. All covenants and agreements to be performed by Tenant under tills 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 die same at the expense of Tenant: (n) immediately and without notice in the case: (1) of emergency, (ii) where such
<br />default unreasonably interferes with any other tenant in the Project, (iv) a failure to satisfy or otherwise discharge ally 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 Failure of Tenant to perform
<br />any of its obligations under Section 3 3 1 and Section 105 of this Lease above and (ii) in any other case if such default continues for ten (10) days
<br />from die 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 fi'onh the date of such payment, shall be payable to Landlord
<br />as Additional Rent on demand, and Landlord shall ]move the same rights and remedies in die event of nonpayment as in the case of default by Tenant
<br />in the payment of Rent. 7'hls Section 1.3 of this Exhibit JT' shall survive the expiration or termination of this Lease.
<br />1.4 Late Pavment. 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 written 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 to increase the Security Deposit (if any) by an amount equal to one month's Rent.
<br />1.5. Subleases of'reamt. Whether or not Landlord elects to terminate this Lease on account of m Event of Default, Landlord shall
<br />have the right to either: (a) terminate may and all subleases, licenses, concessions or other consensual arrangements entered into by Tenant that affect
<br />die 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 critic date ofsuch election, Tenant shall have no further right to or interest in the rent or otter consideration receivable thereunder).
<br />2. Efforts to Redet. No re-entry or taking of possession of the Premises by Landlord following an Event orDefuult 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 lhereor be decreed by u
<br />court of competent jurisdiction, and Tenant's right to possession shall not be deemed to have been terminated by efforts of Landlord to relel toe
<br />Premises, by its acts of maintenance or preservation with respect to the Premises, or by appoinment 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 Premises following any Event of Defmdt without termination of this
<br />Lease by Landlord, Landlord may at oily time slier such reletting, elect to terminate this Lease for any Event of Default. To die fullest extent
<br />permitted by Law, the proceeds of any reletting orthe Premises shall be applied: (it) first, to pay to Landlord all costs and expenses of such releRing
<br />(including, without linlitation, costs and expenses of retaking or repossessing the Premises, removing persons and property, therefrom, securing new
<br />tenants, including expenses for redecoration, alterations anti other costs in connection with preparing die Premises For the new tenant, and if Landlord
<br />shall maintain and operate the Premises, the costs thc•eot) and receivers' Fecs incurred in connection with the appointment orand performance by a
<br />receiver to protect the Premises and Landlord's interest under this Lease and any necessary or reasonable ulterations; (b) second, to the payment of
<br />oily indebtedness orTenent 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, irony. shall be held by Landlord and applied in payment ol'other or future obligations of Tenant to Landlord as.the some may become
<br />due and payable, and Tenant shall not be entitled to receive any portion of such revenue. 'this Section 3 of this Exhibit "H" still]] survive the
<br />expiration or tenmination orlhis Lease.
<br />3. Cumulative Remedies, The specific remedies to which Landlord may resort under the terms of (his Lease are cumulative and tire not
<br />intended to be exclusive orally other remedies or means of redress to which it may be lawfully entitled in case orally breach or thremmned breach by
<br />Tenant orally provisions of this Lease. In oddilion to tiro Ober remedies provided in this Lcose, landlord shall be entitled to a restrn]nl by injunction
<br />ordic violation or attempted or threatened violation ol'any orthe covenants. conditions or provisions of this ].ease or to a decree compelling specific
<br />perFinvuuuc crony such covenants. condition or provisions. in addition, upon the occurrence ()run Event of Dclhult by Tenant, if the Premises or
<br />any portion taereof ore sublet, landlord, in addition and without prejudice to any other remedies herein provided or provided by Law, may, at its
<br />3#1 f'Chle Cramer Dr— CilrufSrmra Ana Leave -1- Exhibit 11
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