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that ill' it becomes necessary to compute such rental before such 24-month period has <br />occurred, then such sums shall be computed on the basis ofthe average monthly tunount. <br />during such shorter period. As used in subparagraph B. I .(a), the "ivorth at the time of <br />award" shall be computed by allowing interest at the maximum rate permitted by lawn. <br />Continue this Lease in effect without terminating TENAN 'S right to possession even. <br />though TEXNANT has breached this Lease and abandoned the Premises and to enforce all <br />of DISTRICT'S rights and remedies under this lease, at law or in equity, including the <br />right to recover the rent as it becomes duet under this lease. provided, however, that <br />DISTRICT may at any time thereafter elect to terminate this Lease for such previous <br />breach by notifying l TENANT in Nvriting that TENANTS right to possession of the <br />Premises has been terminated. <br />Nothing in this Section shall be deemed to affect TI NANT'S indemnity of DISTRIC'° liabilih <br />or liabilities based. upon occurrences prior to the termination of this Lease for personal injuries or <br />property lantage under the indemnification clause or clauses contained in this Lease. <br />No delay or omission of DIS'TRIC'T' to exercise any right or remedy shall be construed as a <br />waiver of such right or remedy or any default by TENANT hereunder. The acceptance by <br />DISTRICT of rent or any ether sums hereunder shall not be (a) a. waiver of any preceding breach <br />or default by [ ENANT of any provision thereof, other than the failure of I'T;NANT to pay the <br />particular rent or suer accepted, regardless of DISTRICT'S knowledge of'sueh preceding breach <br />or default at the time of acceptance of such rent or sum. or (b) waiver of DISTRICT'S right to <br />exercise any remedy available to DISTRICT by virtue ofsuch breach or default. No act or thing <br />done by DISTRICTor DISTRICT'S agents during the term of this Lease shall be deemed an <br />acceptance of a surrender of the Premises. and no agreement to accept a surrender shall be valid <br />unless in writing and signed by DISTRICT. <br />Any installment or rent due under this tease or any other sums not paid to DISTIt1C:`T when due <br />(outer than interest) shall bear interest at the maximum rate allowed by lawn froni the date such <br />payment is due until paid. provided, however, that the payment of such interest shall not excuse <br />or cure the default. <br />All covenants and agreements to be performed by TTY:NAN'Y under any of the terms of this Lease <br />shall be performed by TENANTat TI3NAN'l-S sole cost and expenses and without any <br />abatement of rent. If TI NANT shall fail to pay any sure of money, other thalr refit roquired to be <br />paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder. <br />or to provide any insurance or evidence of insurance to be provided by '11"NANT", then in <br />addition to any other remedies provided herein. DISTRICT may, but shall not be obligated to do <br />so, and without waiving or releasing T'ENANTfrom any obligations of TENANT. make any <br />such payment or perlbrnx any such act on T ENIANT'S part to he ni ade or porfornied as provided <br />in this Lease or to provide such i tsurance. Any payment or performance of any act or the <br />provision of any such insurance by DISTRICT on T'l NANT"'S behalf shall not give rise to any <br />responsibility of DISTRICT to continue making the same or similar payments or perl'orming, the <br />Sant i Ana River Channel I,EM-R 155 1) <br />v <br />Edna !'ar{:f:rsu•.a?R(sV ftt.29.08'1 <br />20D-49