CSU FULLERTON (FORMERLY FULLERTON FOUNDATION)-2011

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(2) Curing the default at defaulting party's cost and expense. These remedies are not exclusive but are in addition to any remedies now or herea -f ter allowed by law_ 1 8 . COVENANT NOT TO RELOCAT E (a) Tenant agrees not to relocate the use specified in Section 7 of this Agreement to any site other than the Premises during the term of this Agreement without the prior written consent of Landlord_ Tenant shall be deemed to have relocated such use if Tenant or the California State University, Fullerton initiates a substantially similar use on any other site within one year prior to or following the termination of such use on the Premises, unless the termination of such use on the Premises occurs in accordance with the terms and conditions of this Agreement. (b) Sf Tenant relocates the use from the Premises in violation of subsection (a) of this section, Tenant shall pay to Landlord, as liquidated damages, an amount equal to the sum of $500,000_00 plus all amounts paid to Tenant by Landlord pursuant to Section 16 of this Agreement_ The parties hereby agree that the sum hereinafter designated as liquidated damages represents a reasonable approximation of the damages Landlord is likely to suffer from the relocation of the use from the Premises, given the following facts, which are hereby agreed to and acknowledged by the parties: Landlord is not in business for profit, but ratifier is renovating the Premises and leasing the Premises to Tenant in order to promote its governmental goals and objectives as a redevelopment agency_ Landlord is incurring substantial expenditures in renovating the Premises to suit the specialized needs of Tenant and in providing financial assistance to Tenant_ 1 9 _ SURRENDER _ On the last day of the term hereof or on any sooner termina- tion, Tenant shall surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear excepted_ Tenant shall repair any damage to the Premises occasioned by its use thereof or by the removal of Tenant's fixtures, furnishings and equipment, which repair shall include the patching and filling of holes and repair of structural damage_ Tenant shall remove all of its personal property and fixtures on the Premises prior to the expiration of the term of this Lease and if required by Landlord pursuant to Section 11(a) above, any alterations, improvements or additions made by Tenant to the Premises. If Tenant fails to surrender the Premises to Landlord on the expiration of the Lease as required by this paragraph, Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to vacate the Premises, including, without limitation, claims made by any succeeding tenant resulting from Tenant's failure to surrender the 15