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<br />DO NOT RECORD6/7/06 <br /> <br />commissions, expenses of remodeling the Premises required by the reletting, and like costs. <br />Reletting can be for a period shorter or longer than the remaining term of this Lease. <br />Tenant shall pay to Landlord the rent due under this Lease on the dates the rent is due less <br />the rent Landlord receives from any reletting. No act by Landlord allowed by this <br />paragraph shall terminate this Lease unless Landlord notifies Tenant that Landlord elects to <br />terminate this Lease. After Tenant's default and for so long as Landlord has not terminated <br />Tenant's right to possession of the Premises, if Tenant obtains Landlord's consent, Tenant <br />shall have the right to assume or sublet its interest in the Lease, but Tenant shall not be <br />released from liability. Landlord's consent to the proposed assignment or subletting shall <br />not be umeasonably withheld. <br /> <br />If Landlord elects to relet the Premises as provided in this paragraph, any rent that <br />Landlord receives from such reletting shall apply first to the payment of any indebtedness <br />from Tenant to Landlord other than the rent due from Tenant to Landlord; secondly to all <br />costs, including maintenance, incurred by Landlord in such reletting; and third, to any rent <br />due and unpaid under this Lease. After deducting the payments referred to in this <br />paragraph, any sum remaining from the rent Landlord receives from such reletting shall be <br />held by Landlord and applied in payment of future rent as rent becomes due under this <br />Lease. In no event shall tenant be entitled to any excess rent received by Landlord. If on <br />the date rent is due under this Lease, the rent received from the reletting is less than the rent <br />due on that date, Tenant shall pay to Landlord in addition to the remaining rent due all costs <br />including maintenance that Landlord shall have incurred in reletting that remain after <br />applying the rent received from the reletting as provided in this paragraph. <br /> <br />Landlord can, at its option, terminate Tenant's right to possession of the Premises at <br />any time. No act by Landlord other than giving written notice to Tenant shall terminate <br />this Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a <br />receiver on Landlord's initiative to protect Landlord's interest in this Lease, shall not <br />constitute a termination of Tenant's right to possession. In the event of such termination, <br />Landlord has the right to recover from Tenant: <br /> <br />(1) The worth, at the time of the award, of the unpaid rent that had been earned <br />at the time ofthe termination of this Lease; <br /> <br />(2) The worth at the time of the award of the amount by which the unpaid rent <br />that would have been earned after the date of the termination of this Lease until the time of <br />the award exceeds the amount of the loss of rent that Tenant proves could have been <br />reasonably avoided; , <br /> <br />(3) The worth, at the time ofthe award, of the amount by which the unpaid rent <br />for the balance of the term after the time of the award exceeds the amount of the loss of <br />rent that Tenant proves could have been reasonably avoided; and <br /> <br />(4) Any other amount, including court costs, necessary to compensate Landlord <br />for all detriment proximately caused by Tenant's default. <br /> <br />8 <br />