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<br />"
<br />
<br />shall commence such cure within said five (5) day period and thereafter diligently prosecute such cure to completion,
<br />Except as provided above, if Tenant shall fail to move into the Premises and to open for business on the Term
<br />Commencement Date, or fail continuously to operate in the manner and during the hours established by Landlord pursuant
<br />to Section 6.2 hereof or for the purpose specified in Section 6.1 hereof, or if Tenant shall abandon the Premises, or permit
<br />this Lease to be taken under any writ of execution or similar writ or order, then Landlord, besides other rights or remedies
<br />it may have under this Lease or by law, shall have the right to immediately terminate this Lease and Tenant's right to
<br />possession of the premises by giving Tenant written notice that this Lease is terminated.
<br />
<br />(d) Bankruptcy. Tenant's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or
<br />liquidator for all or for a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii)
<br />admitting in writing its inability to pay its debts or its willingness to be adjudged a bankrupt; (Iv) becoming unable to or
<br />failing to pay its debts as they mature; (v) being adjudged a bankrupt; (vi) filing a voluntary petition or suffering an
<br />involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an
<br />involuntary petition, the same is dismissed within thirty (30) days of such filing); (vii) convening a meeting of its creditors
<br />or any class thereof for purposes of effecting a moratorium, extension or composition of its debts; or (viii) suffering or
<br />permitting to continue unstayed and in effect for ten (10) consecutive days any attachment, levy, execution orseizure of all
<br />or a substantial portion of Tenant's assets or of Tenant's interest in this Lease.
<br />
<br />(a)
<br />
<br />SECTION 18.2 REMEDIES
<br />General. In the event of any default by Tenant, Landlord may:
<br />
<br />(i) Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall
<br />terminate and Tenant shall immediately surrender possession of the premises to Landlord.
<br />
<br />In such event, Landlord shall be entitled to recover t{om Tenant:
<br />
<br />'.
<br />
<br />(I) The worth at the 'time of award of the unpaid rent and additional rent which had been earned at the time
<br />of tennination;
<br />
<br />(2) The worth at the time of award of the amount by which the unpaid rent and additional rent which would
<br />have been earned after termination until the time of award exceeds the amount of such loss that Tenant proves could have
<br />been reasonably avoided;
<br />
<br />(3) The worth at the time of award of the amount by which the unpaid rent and additional rent for the balance
<br />of the Tenn after the time of award exceeds the amount of such loss that Tenant proves could be reasonably avoided; and
<br />
<br />(4) Any other amount deemed necessary and/or allowable by applicable statute or decision to compensate
<br />Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which,
<br />in the ordinary course of events, would be likely to result theretTom, including, but not limited to, the cost of recovering
<br />possession of the Premises, expenses of reletting, including necessary repair, renovation and alteration of the Premises,
<br />reasonable attorneys' fees, and any other reasonable costs.
<br />
<br />The "worth at the time of award" of the amounts referred to in subparagraphs (I) and (2) above shall be
<br />computed by allowing interest at the maximum legal rate permitted by law from the dates such amounts accrued to
<br />Landlord. The worth at the time of award of the amount referred to in subparagraph (3) above shall be computed by
<br />discounting such amount at one (I) percentage point above the discount rate of the Federal Reserve Bank of San Francisco
<br />at the time of award.
<br />
<br />(ii) Without terminating or affecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation
<br />hereunder. in the absence of express written notice of Landlord's election to do so, Landlord may, but need not, relet the
<br />Premises or any portion thereof at any time or from time to time and for such tenns and upon such conditions and rental as
<br />Landlord in its sole discretion may deem propeL Whether or not the Premises are relet, Tenant shall pay to Landlord all
<br />amounts required by Tenant hereunder up to the date that Landlord terminates Tenant's right to possession of the
<br />Premises, Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the
<br />termination of this Lease to recover them by legal action or in any other manneL If Landlord relets the Premises or any
<br />portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the
<br />rent or other proceeds actually collected by it for such reletting against amounts due tTom Tenant hereunder to the extent
<br />such proceeds compensate Landlord for non-performance of any obligation of Tenant hereunder. La~dl~rd may execute
<br />any lease made pursuant hereto in its own name, and the new tenant thereunder shall be under no oblIgatIon to see to the
<br />application by Landlord of any proceeds to Tenant named in this Lease when the particular remedy has been asserted, nor
<br />shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be ~eemed t?
<br />have accepted any surrender by Tenant of the Premises or Tenant's interest therein, or be dee~ed to have termmatedthls
<br />Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have gIven Tenant express written
<br />notice of Landlord's election to do so as set forth herein,
<br />
<br />(iii) Landlord may terminate this Lease by express written notice to Tenant of its election to do so'. S~ch
<br />tennination shall not relieve Tenant of any obligation hereunder which has accrued prior to the date of such tennmatlOn.
<br />In the event of such termination, Landlord shall be entitled to recover tTom Tenant the amount determined pursuant to
<br />
<br />paragraph (i) above,
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