BOWERS MUSEUM - 2005 GROUND LEASE

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without further demand or notice, to reenter and take possession of the Leased Premises, reserving Lessor's right to seek damages. 9.2.2 Terminate Lessee's right to possession of the Leased Premises and enjoyment of the rents, issues and profits therefrom, without terminating this Lease or the leasehold estate created hereby, reenter and take possession of the Leased Premises and remove all persons and property therefrom, with or without process of law, without being deemed guilty of any manner of trespass and without prejudice to any remedies for any breaches of covenants (including the payment of rent), then existing or thereafter occurring, and lease, manage and operate the Leased Premises and collect the rents, issues and profits therefrom, all for the account of Lessor for application against and credit to the satisfaction of Lessee's obligations hereunder the net rental thus received (after deducting therefrom all reasonable costs and expenses of repossessing, leasing, managing and operating the Leased Premises, including completion of construction, reasonable alterations and leasing commissions). If the net rental so received by Lessor exceeds the amounts necessary to satisfY all of Lessee's obligations under this Lease and all costs of Lessor incurred in connection therewith, Lessee shall be entitled to such excess. Lessor shall use reasonable good faith efforts and due diligence to mitigate, limit and reduce the injury, loss or damages accruing from any such default of Lessee. 9.2.3 Maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Leased Premises; or 9.2.4 Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the State of California or otherwise provided in this Lease. 9.2.5 No termination or repossession provided for herein shall relieve Lessee of its liabilities and obligations under this Lease, all of which shall survive termination or repossession. At any time after any such termination or repossession, whether or not Lessor has collected any current damages, Lessor shall be entitled to recover from Lessee, and Lessee shall pay to Lessor, on demand, as liquidated final damages, a sum equal to (i) the worth at the time of award of the unpaid Rental which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rental which would have been earned after termination until the time of award exceeds the amount of such Rental loss that Lessee proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid Rental for the balance of the Term after the time of award exceeds the amount of such Rental loss that Lessee proves could be reasonably avoided; (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (v) interest at the rate of ten percent (10%) per annum on the amounts described in clauses (i) - (iv) from the date of such demand until paid. The "worth at the time of award" of the amounts referred to in this subparagraph shall be computed by present value discounting using (A) 13