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<br />, <br /> <br />(b) Landlord's Obligations. Landlord shall be under no obligation to observe or perform any covenant of this Lease <br />on its part to be observed or performed which accrues afterthe date of any default by Tenant hereunder. <br /> <br />(c) Reasonable Rental Value. In any action for unlawful detainer commenced by Landlord against Tenant by reason <br />of any default hereunder, the reasonable rental value of the Premises for the period of the unlawful detainer shall be <br />deemed to be the amount of rent, additional rent and other charges reserved in this Lease for such period, unless Landlord <br />or Tenant shall prove to the contrary by competent evidence, <br /> <br />(d) Cumulative Remedies. The rights and remedies reserved to Landlord herein, including those not specifically <br />described, shall be cumulative, and, except as provided by California statutory law in effect at the time, Landlord may <br />pursue any or all of such rights and remedies at the same time or otherwise. <br /> <br />(e) Landlord's Non-Waiver. No delay or omission of Landlord to exercise any right or remedy shall be construed as <br />a waiver of any right or remedy or of any default by Tenant hereunder, The acceptance by Landlord of rent or any <br />additional ~ent hereunder shall not be a waiver of any preceding breach or default by Tenant of any provision hereof, other <br />than the failure of Tenant to pay the particular rent or any additional rent accepted, regardless of Landlord's knowledge of <br />such preceding breach or default at the time of acceptance of such rent or any additional rent, or a waiver of Landlord's <br />right to exercise any remedy available to Landlord by virtue of such breach or default. The acceptance of any payment <br />ITom a debtor in possession, a trustee, a receiver or any other person acting on behalf of Tenant or Tenant's estate shall not <br />waive or cure a default under Section 18.1 (d), <br /> <br />(I) Landlord's Reentry. Tenant hereby irrevocably consents to Landlord's peaceable reentry, if Landlord so elects, <br />to the Premises upon the occurrence of any of the events specified in Section 18.1 above, and Landlord gives not less than <br />three (3) days' prior written notice to Tenant. <br /> <br />(g) Tenant's Breach. Even though Tenant has breached this Lease and abandoned the Premises, this Lease continues <br />in effect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all ofits rights <br />and remedies under this Lease, including the right to recover the rent as it becomes due, For purposes of Article XVIII, <br />the following do not constitute a termination of Tenant's right to possession: <br /> <br />(i) Acts of maintenance or preservation or efforts to relet the property: <br /> <br />(ii) The appointtnent of a receiver on the initiative of Landlord to protect its interests under this Lease, <br /> <br />(h) In the event of any default by Tenant in the payment of money, other than rent, or the performance of obligations <br />required of Tenant under this Lease, then in addition to the other remedies herein granted to Landlord, Landlord may, but <br />shall not be obligated to do so, and without waiving or releasing Tenant from any obligations of this Lease, make any <br />payment and perform any other act on Tenant's part to be made or performed as in this Lease provided. All sums paid by <br />Landlord and all necessary incidental cost, together with interest thereon at the rate often percent (10%) per annum or at <br />the maximum rate permitted by law, whichever is greater, ITom the date of the payment by Landlord shall be payable by <br />Tenant to Landlord on demand, The sums shall be deemed to be additional rent and subject to the same consequences as <br />herein provided for failure to pay rent. <br /> <br />(i) Grant of Option to Landlord. As additional consideration to Landlord for entering into this Lease, Tenant hereby <br />grants to Landlord, as additional security for Tenant's covenant and agreement to pay the rental and other financial <br />obligations set forth herein, an option to acquire and take over all of Ten ant's right, title and interest to all of the unexpired <br />term of the leasehold interest except for the two (2) months immediately following the exercise by Landlord of its option, <br />Landlord may exercise its option in the event Tenant remains in default of Tenant's obligation to pay rent, common area <br />maintenance charges, taxes or other financial obligations after notice has been given to Tenant pursuant to Section 18, I (b) <br />of this Lease, The option shall be exercised by Landlord by sending to Tenant at the notice address specified in this Lease <br />a notification letter by registered or certified mail (return receipt not required) of its exercise of the option and by <br />recording with the County Recorder of the county in which the property is located a notice of exercise of the option. Upon <br />exercise of the option. Tenant shall be obligated to abide by its lease obligations for the next two succeeding months after <br />which the lease shall be deemed terminated and the Premises vacated unless Landlord consents to Tenant holding over, <br />which consent must be in writing. In such event, Tenant shall be on a month-to month basis, The right of Landlord to <br />exercise its option shall be in addition to any and all other rights and remedies granted to Landlord pursuant to the <br />provisions of this Lease and applicable law to enforce the lease provisions, obtain possession of the Premises and collect <br />any judgments for rent or other sums owed by Tenant. <br /> <br />SECTION 18.3 DEF AUL T BY LANDLORD. Landlord shall not be deemed to be in default in the <br />performance of any obligation required to be performed by it hereunde~ u~les~ and until it has failed to perform such <br />obligation within 30 days after written notice by Tenant to Landlord speclrylng In reasonable detail the nature and extent <br />of any such failure; provided, however, that if the nature of Landlord's obligation is such that more than 30 days are <br />required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance <br />within such 30 day period and thereafter diligently prosecutes the same to completIOn. <br /> <br />SECTION 18.4 LEGAL EXPENSES AND COLLECTION COSTS. If either party incurs any expense, <br />including actual costs of collection, reasonable attorneys' fees, expenses ?f discovery, ~rep~rat~on for liti~ation, expert <br />witness fees and litigation expenses and costs, in connection with any action or proceedmg instituted by either ~arty by <br />reason of any det'lUlt or alleged default of the other party hereunder, the party prevailing in s~ch act~o~ or proceeding shall <br />be entitled to recover its reasonable expenses from the other party. For purposes of this provIsion, In any u~l.awful <br />detainer or other action or proceeding instituted by Landlord based upon any delimit or alleged default by I enant <br />hereunder, Landlord shall be deemed the prevailing party if (a) judgment is entered in favor of Landlord or (b) pnor to <br /> <br />15 <br />