Laserfiche WebLink
EXHIBIT "id„ <br />REMEDIES <br />Reniedlo Poll Cvuhts off)ODInd <br />Ll, Landlor;fl's Riabt Tm Tgf(g[nptc Uno7 Tannut Default In the event of any Event of Default by Tenant as provided ha Seaton <br />W of the Lease, Landlord shall have the right to terminate [his Lease and recover possession of the Premises by giving written nodoe to T'eoant of <br />Landlord's election to terminate this Lease, in which event Landlord Shell be entitled to maclve from Tenant, (a) the worth at the time of award or <br />any called Rent which had been earned at the time of such terminallon; pins (b) the worth at the time of award of die amount by which the unpaid <br />Rent which would have been named after lorminmion until the time of award exceeds the amount of such rental loss Temmt proves could have been <br />resonantly avoided; plus (a) the worth at file time of award of the amount by which the unpaid Rent for the balance of the Term after the (fine of <br />award exceeds die amount oPsuch rental loss that Tenant proves could be reasonably avoided; plus (d) soy other amount neeessury to compensate <br />Landlord 'Ibr all the detriment proximately caused by Tenant's failure to perform its obligations under this Loose or which In the ordinary course of <br />things would be likely to result therefrom; and (e) at Landlord's election, Such other amounts III addition to or lit lieu of the foregoing as may be <br />permitted from time to time by applicable low, As used in Blouses (a) and (b) ebava, "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 olnuse (c) above, 'worth at the Lima of award" sholl be computed by <br />discounting Stich amount at the Interest Rate, <br />112 Landlord's Right Ta CItfI lbw Lease Upon Tennnt Da1'rttt(1. In the event of on Event of Default of this Lease slid <br />abandonment of the Premises by Tenant, if Landlord does not elect to terminate this Lease as provided in Section 1.1 of this E hi L " Landlord <br />may Flom lime to time, without terminating this Lease, Salutes all of its rights and teroerliss under this Lease. Without Ibhiting the foregoing, <br />Landlord has the remedy described in California Civil Code Section 1931,4 (Landlod may continue this Lease in effect after Tenant's breach mid <br />abandonment and recover Rent as It becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations). <br />119 R1sht of Landfard to 2grform. All covenants and agreements to be performed by Tenant under this Lease shall be performer) <br />by Tenant et'fanant's solo oust and expense. If Tenant shell fail to pay any sum of money, other than Base Rent, required to be paid by Il hereunder <br />or shall fail to ItWorm any affair not on its part to be performed hereunder, then, fit addition to and without prejudice to any otter right or remedy of <br />Landlord, Landlord may tai die some at the expense of Tenant: (a) immediately and without notice in the case: (I) of emergency, (if) where Santa <br />default maleasnnably Interferes with any other lanant in Ilia Project, (IV) a failure to Satlsff I or otherwise discharge any Encumbrance, (Iv) where Stich <br />default will result fit the violation of LAW or the cancellation of any insurance policy maintained by Landlord, or (v) any dilluro of Tenant to perform <br />tiny of its obligations under Section 3,3.1 and Section 10_5 of this Lease above and (it) in any other case if such default continues for tin (10) days <br />From tie receipt by Tenant of notice of such default tote Landlord, Any sinus so paid by Landlord and all latiidcntal costs phia Landlord's <br />reasonable administration fits dncroon, together with interest thereon at the Default Rate trmn the date of such payment, Shull be payable to Lundlord <br />as Additional Rent oft demand, end Landlord shall have the same rights and ronmdies ]it the event of nonpayment as in the case of default by Tenant <br />in the payment of Rent, This ,5 'a h 1.3 of tills ExIlibil "Shall survive the expiration or termination of this Lease, <br />1A Late Payment, If two (2) or more Rent Dolinquen des shell occur in any twelve (12) mouth period, Landlord may, without <br />prejudice to any other rights or remedies available to it, upon written notice to Teaanl: (a) requiro all romn[ming monthly instailmenis of Renl to be <br />paid three (3) months in advance: and/or (b) require Tenant to increase the Scarify Deposit (If any) by nil amount equal to are mouth's Rant. <br />1.5. Subleases of rollout, Whetter m' not Landlord Stools to temuaaa this Lease on account area Event of Default, Landlord shalt <br />have the right to either: (a) tmhainate any and 811 Sublenses, licenses, concessions or other consensus] arrangements entered into by Talent that affect <br />(tie Premises or (b) in its sole discretion, elect to succeed to 'rental L's interest to Stich subleases, licenses, eonocssions or arrangements in which case, <br />as ofthe date of such mioadon,'I'enant shall have no Rather rtghl to or interest in the rent or other coasideral'ion receivable thereunder) <br />2 Liffirts to liel f. No re-enh'y or Inking of possession of Ina Premises by Landlord followinE al Event of Default shell be confined as an <br />election to terminate this Lease unless a written notice of such election shall he given to Tenant or unless the termination Ihcreof be decraed by a <br />court mF competent Jurisdielkm, and Tenant's right to possession shot] not be deemed to have been terminated by efforts of Landlord to total the <br />Promises, by Its nets of nmintenanee or preservation with respect to the Premises, or by oppaiannent ors receiver to protect Landlord's interests <br />under the lease. The foregoing enumeration is not exhaustive, but merely Illustrative of acts which may be perfumed by Landlord without <br />tennhiming Tenant's right to possession. Notwithstanding any stetting of the Premises following any Event of DelLldt without termination of this <br />Lease by Landlord, Landlord may, tit any Ihne orer such releu]ng, elect to terminate this Lessa for any Event of Mundt. To the fittest extent <br />pamitted by Law, the proceeds of tiny reletbug of (lie Prendoes shall be applied: (tit) first, to pay to Loudlord all costs and expenses ofsuch ietelting <br />(including, without ]initiation, costs and expenses of mucking or repossessing the Premises, removing persons tad property thereli'om, securing new <br />tenants, Including expenses fur redecoration, alterations and other costs in connection with preparing file Premises fbr the new format, and if Landlord <br />snot[ nttuntain and operate the Prcmtses, the costs thereat) and receivers' two incurred in connection with the appoinnuent ofund pw'fbri tame by a <br />receiver to protect the Premises and Landlord's Interest under this Lease and any accessory or masonable oheralions; (h) second, to the paynnaut of <br />tiny indebtedness nfTemant to Lnnd]on] other than Rent due and unpaid heemider; (a) thud, to the payment of Real due and unpaid hereunder; and <br />(it) the residue, if tiny, shall beheld by Landlord and applied fit payment a Pother or future obligations of Tmmm to Landlord as the sums may become <br />due and payable, unit '['client Shull not be entitled to receive tiny portion or Stich rovenue. This 5ection 3 of this Kxbilbii "PI" shelf survive the <br />expiration or termination orthis Leasc. <br />3. Cars tnlivg Remedies. The specific mmcdas; to which Landlord only resort under the terms or I1,14 Lease are cumulative and are not <br />intended to be exclusive of any other remedies or metals al'redross to which it Italy be hovlplly entitled in arse orally breach ur havnioncd breach by <br />Temut orally provisions ortlds lease. In addition to the other remedies provided in this Lease, Landlord shelf be unfilled to u restraint by injunction <br />of the violation or ntcmpted or threatened violation orilay ol'tlae covenants'. conditions or provisions of This lease or m a decree compelling Specific <br />performance orally inch eavenan[s- conditions or provisions. In addition, upon the occurrence area Event of Default by Tenant, if Ilia Premises or <br />any portion thereof ore Sublet, L❑ndlord, in addition nod without prejudice to tiny other reatedles herein provided or provided by Lew, nwy, tit Its <br />011110vir C'mter Dr-C'Jir 'raNn rinn Lear -I- Exhlbh 11 <br />