UNION PACIFIC RAILROAD COMPANY - 1999

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be sent to the attention of its Real Estate Department as provided in Section I of the Basic Lease Terms Notices directed to other departments of Lessor shall be deemed of no force or effect. If there be more than one Lessee, the notice to any one of them shall constitute notice to all and notice from any one of them shall constitute notice from all. If Lessee be a corporation, joint stock company or association, or unincorporated association (including a general or limited partnership), then service, as aforesaid, upon any employee thereof (which term shall include a partner if Lessee is a partnership) shall constitute service upon such entity. In this regard, Lessee specifically waives any rights as to methods of service a set out in Sections 1161 and 1162 of the California Code of Civil Procedure. Lessee hereby waives all other methods of notice prescribed by the laws and statutes of the State of California. 25. ATTORNEYS' FEES In the event any party hereto shall bring any action or legal proceeding for damages for an alleged breach of any provision of this Lease, to enforce an indemnity obligation, to terminate the tenancy of the Premises, or to enforce, protect, interpret or establish any term, condition, or covenant of this Lease or right or remedy of either party, the prevailing party shall be entitled to recover, as part of such action or proceeding, reasonable attorneys' fees and court costs, including attorneys' and costs for appeal, as may be fixed by the court or jury. 26 DEFAULT: REMEDIES In the event Lessee shall not promptly correct any default by Lessee hereunder within thirty (30) days (10 days for monetary defaults) after receipt of written notice of such default from Lessor, or if Lessee abandons or vacates the Premises, Lessor shall have the right at any time thereafter, with or without notice or demand and without limiting Lessor in the exeroise of any right or remedy which Lessor may have by reason of such default: (a) terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including without limitation, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation a nd alteration of the Premises, reasonable attorneys' fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; that portion of the leasing commission paid by Lessor; (b) maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises. In such event Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease; and (c) pursue any other remedy now or hereafter available to Lessor under the laws orjudicial decisions of the state wherein the Premises are located. Waiver of any default shall not be construed as a waiver of a subsequent or continuing default. Termination of this Lease shall not affect any liability by reason of any act, omission or default occurring prior to such termination. 27. LESSOR'S RIGHT TO PERFORM Except as otherwise expressly provided herein, if Lessee shall at any time fail to perform any act required to be made or performed by Lessee under this Lease, Lessor may upon ten (10) days' written notice to Lessee, but shall not be obligated to, without waiving or releasing Lessee from any obligation under this Lease, make such payment or perform such other act to the extent that Lessor Document 0011 Page 14 of 20