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<br />Santa Ana River Channel <br />EOI-RI552 <br /> <br />B. Remedies <br /> <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 /> <br />1. DISTRICT may terminate this Lease and all rights of TENANT hereunder by giving written <br />notice of such termination to TENANT. In the event that DISTRICT shall so elect to <br />terminate this Lease, then DISTRICT may recover from TENANT: <br /> <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 proximately <br />caused by TENANT'S failure to perform its obligations under this Lease or which in the <br />ordinary course of things would be likely to result therefrom, including, but not limited <br />to, the cost of recovering possession of the Premises, expenses ofreletting, including <br />necessary repair, renovation and alteration of the Premises, reasonable attorneys' fees, <br />expert witness costs, and any other reasonable costs; and <br /> <br />(c) Any other amount which DISTRICT may by law hereafter be permitted to recover from <br />TENANT to compensate DISTRICT for the detriment caused by TENANT'S default. <br /> <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 that <br />if it becomes necessary to compute such rental before such 24-month period has occurred, <br />then such sums shall be computed on the basis of the average monthly amount during such <br />shorter period. As used in subparagraph B.1.(a) above, the "worth at the time of award" shall <br />be computed by allowing interest at the maximum rate permitted by law. <br /> <br />2. Continue this Lease in effect without terminating TENANT'S right to possession even <br />though TENANT has breached this Lease and abandoned the Premises and to enforce all of <br />DISTRICT'S rights and remedies under this Lease, at law or in equity, including the right to <br />recover the rent as it becomes due under this Lease; provided, however, that DISTRICT may <br />at any time thereafter elect to terminate this Lease for such previous breach by notifying <br />TENANT in writing that TENANT'S right to possession of the Premises has been <br />terminated. <br /> <br />Nothing in this Section shall be deemed to affect TENANT'S indemnity of DISTRICT liability or <br />liabilities based upon occurrences prior to the termination of this Lease for personal injuries or <br />property damage under the indemnification clause or clauses contained in this Lease. <br />No delay or omission of DISTRICT to exercise any right or remedy shall be construed as a waiver of <br />such right or remedy or any default by TENANT hereunder. The acceptance by DISTRICT of rent <br />or any other sums hereunder shall not be (a) a waiver of any preceding breach or default by <br />TENANT of any provision thereof, other than the failure of TENANT to pay the particular rent or <br />sum accepted, regardless of DISTRICT'S knowledge of such preceding breach or default at the time <br /> <br />17th Street Triangle Lease (07.01.09) Gen. Condo <br /> <br />v <br />