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Santa Ana River Channel <br />E01- R1551, R1553 <br />4. (a) The making by TENANT of any general assignment for the benefit of creditors; <br />(b) a case is commenced by or against TENANT under Chapters 7, 11 or 13 of the <br />Bankruptcy Code, Title 11 of the United States Code as now in force or hereafter <br />amended and if so commenced against TENANT, the same is not dismissed within <br />sixty (60) days of such commencement; <br />(c) the appointment of a trustee or receiver to take possession of substantially all of <br />TENANT'S assets located at the Premises or of TENANT'S interest in this Lease, <br />where such seizure is not discharged within thirty (30) days; or <br />(d) TENANT'S convening of a meeting of its creditors or any class thereof for the <br />purpose of effecting a moratorium upon or composition of its debts. In the event of <br />any such default, neither this Lease nor any interests of TENANT in and to the <br />Premises shall become an asset in any of such proceedings and, in any such event <br />and in addition to any and all rights or remedies of the DISTRICT hereunder or by <br />law; provided, it shall be lawful for the DISTRICT to declare the term hereof ended <br />and to re -enter the Premises and take possession thereof and remove all persons <br />therefrom, and TENANT and its creditors (other than DISTRICT) shall have no <br />further claim thereon or hereunder. <br />B. Remedies <br />In the event of any default by TENANT, then, in addition to any other remedies available to <br />DISTRICT at law or in equity, DISTRICT may exercise the following remedies: <br />1. DISTRICT may terminate this Lease and all rights of TENANT hereunder by giving <br />written notice of such termination to TENANT. In the event that DISTRICT shall so <br />elect to terminate this Lease, then DISTRICT may recover from TENANT: <br />(a) The worth at the time of award of the unpaid rent and other charges, which had been <br />earned as of the date of the termination hereof; <br />(b) Any other amount necessary to compensate DISTRICT for all the detriment <br />proximately caused by TENANT'S failure to perform its obligations under this Lease <br />or which in the ordinary course of things would be likely to result therefrom, <br />including, but not limited to, the cost of recovering possession of the Premises, <br />expenses of reletting, including necessary repair, renovation and alteration of the <br />Premises, reasonable attorneys' fees, expert witness costs, and any other reasonable <br />costs; and <br />(c) Any other amount which DISTRICT may by law hereafter be permitted to recover <br />from TENANT to compensate DISTRICT for the detriment caused by TENANT'S <br />default. <br />The term "rent" as used herein shall be deemed to be and to mean the annual rent and all <br />other sums required to be paid by TENANT pursuant to the terms of this Lease. All such <br />sums, other than the annual rent, shall be computed on the basis of the average monthly <br />amount thereof accruing during the 24 -month period immediately prior to default, except <br />Edna Park Lease (06.16.09) <br />iv <br />