Laserfiche WebLink
(a) the worth at the time of award of the unpaid rent which was due, owing and unpaid by Tenant <br />to Owrser at the time of termination; plus <br />(b) the worth at the time of award of the amount by which the unpaid rent which world have came <br />due after termination until the time of award exceeds the amount of rental loss that Tenant <br />proves could have been reasonable avoided; plans <br />(c) the worth at the time of the award of the smount by which the unpaid rent for the balarice of <br />the Lease term after the time of award exceeds the amount of rental loss which Tenant proves <br />could be reasonably avoided; plus <br />(d) all other amounts necessary to compensate Owner for all of the detriment proximately caused <br />by Tenant's failure to perform its obligations under this lease or which in the ordinary <br />course of things are likely to result therefrom, including, but not limited to, any att- <br />orneys- fees, brokers' cessions or finders' fees (not only in connection with the relet- <br />ing of the Premises, but also that portion of any leasing fission paid by Owner in con- <br />nection with this lease which is applicable to that portion of the Lease term which is <br />unexpired as of the date on which this Lease is terminated), any costs for alterations, add- <br />itions and renovations, any costs for repairs, clean-up, refurbishing, removal (including <br />the repair of any damage caused by such removal) and storage (or disposal) of Tenant's per- <br />sonal property, equipment, fixtures. and anything else that Tenant is required (under this <br />Lease) to remove but does not remove, and any other costs and expanses incurred by Owner in <br />regaining possession of and reletting (or attempting to relet) the Premises; plus <br />(e) at Owners election, such other amounts in addition to or in lieu of the foregoing as may be <br />permitted from time to time by applicable California law. <br />All computations of the `4iorth at the time of award" of amounts recoverable by Owner under sub- <br />paragraphs (a) and (b) hereof shall be computed by allowing interest at the lower of 12% per ann m <br />or the highest rate permitted by law. The `%nrth at the time of award" recoverable by Owner under <br />subparagraph (c) hereof shall be computed by discounting the mount otherwise recoverable by Owner <br />(less the Unreimbursed Leasehold Improvement Cost) at the discount rate of the Federal Reserve Bank <br />of San, Francisco at the time of the award plus 1%. <br />2. Upon termination of this Lease, whether by lapse of time or otherwise, Tenant shall immed- <br />iately vacate the Premises and deliver possession thereof to Owner. If Tenant has abandoned the <br />Premises (or has vacated same and Owner or any of its agents, after diligent inquiry, has reason to <br />believe that Tenant does not intend to reoccupy the Premises), and current or past rent is unpaid, - <br />or if Owner or any of its agents acts pursuant to a court order, then Owner or any of its agents <br />shall have the right, with or without terminating this Lase, to re-enter the Premises and remove <br />all persons therefrom and any or all of Tenant's trade fixtures, equipment, furniture and other per- <br />sonal property (herein collectively referred to as "property") from the Premises, without being <br />deemed in any manner liable for trespass, eviction or forcible entry or detainer, or conversion of <br />property, and without relinquishing any right given to owner in this Lease or by operation of law. <br />If Owner re-enters the Premises in such a situation, all property removed from the Premises by Owner <br />or any of its agents may be handled, removed or stored in a commercial warehouse or otherwise by <br />Owner at Tenant's risk and expanse, and Owner shall in no event be responsible for the value, pres- <br />ervation'or safekeeping thereof. Before retaking any such property from storage, Tenant shall pay <br />to Owner, upon demand, all expenses incurred in such removal and all storage charges against such <br />property. Any such property of Tenant not so retaken from storage by Tenant within 30_days after <br />such property has been removed from the Premises shall be deemed abandoned and shall be disposed of <br />by Owner pursuant to Section 1988 of the California Civil Code. _ <br />3. Notwithstanding Daner's right to terminate this Lease pursuant to Paragraph 20B(1), Owner <br />may, at its option, enforce all of its rights and remedies under this Lease (including the right to <br />recover the rent as it becomes due hereunder), provided that Owner does not terminate Tenant's right <br />to possession of the Premises. In such event, Owner shall be entitled to recover from Tenant all <br />costs of maintenance and preservation of the Premises, and all costs, Including attorneys' fees and <br />receivers- fees, incurred in connection with the appointment of and performance by a received to <br />protect the Premises and Owner's interests under this Lease. No re-entry or taking possession of <br />the Premises by Owner pursuant to this Paragraph 20B(3) shall be construed as an election to termi- <br />nate this rase unless a written notice of such intention is given to Tenant or unless it is decreed <br />by a court of competent jurisdiction that Owner has terminated this Lease or Tenant's right to <br />possession of the Premises. Notwithstanding any reletting by Owner without a termination of this <br />Lease, Owner may at any time after such reletting elect to terminate this Lease pursuant to Para- <br />graphs 2OB(1). Upon and after entry into possession of the Premises without termination of this <br />lease, Owner may, but reed not, relet the Premises or any part thereof for the account of Tenant to <br />any person, firm, corporation or other business entity other than Tenant for such rent, for such <br />time and upon such terms as Owner, in Owners sole discretion, shall determine. Owner shall not be <br />required to accept any substitute tenant offered by Tenant or to observe any instructions given by <br />Tenant regarding such reletting. In any case, Owner may make repairs, alterations and additions in <br />W 1988 <br />-12- <br />