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(a) the worth at the time of award of the unpaid rent which was due, owing and unpaid by Tenant
<br />to Owner at the time of termination; plus
<br />(b) the worth at the time of award of the amount by which the unpaid rent which would have come
<br />due after termination until the time of award exceeds the= amount of rental loss that Tenant
<br />proves could have been reasonable avoided; plus
<br />(c) the worth at the time of the award of the amount by which the unpaid rent for the balance of
<br />the lease tern after the time of award exceeds the amount of rental loss which Tenant proves
<br />could be reasonably avoided; plus
<br />(d) all other amounts necessary to compensate Owner for all of the detriment proximately caused
<br />by Tenant's failure to perform its obligations under this lease or which in the ordinary
<br />course of things are likely to result therefrom, including, but not limited to, any att-
<br />orneys' fees, brokers' commissions or finders' fees (cot only in connection with the relet-
<br />ing of the Premises, but also that portion of any leasing commission paid by Owner in con-
<br />nection with this lease which is applicable to that portion of the lease term which is
<br />unexpired as of the date on which this lease is terminated), any costs for alterations, add-
<br />itions and renovations, any costs for repairs, cleanup, refurbishing, removal (finding
<br />the repair of any damage caused by such removal) and storage (or disposal) of Tenant's per-
<br />sonal property, equipment, fixtures, and anything else that Tenant is required (under this
<br />lease) to remove but does not remove, and any other costs and expenses incurred by Owner in
<br />regaining possession of and reletting (or attempting to relet) the Premises; plus
<br />(e) at Owner's election, such other amounts in addition to or in lieu of the foregoing as may be
<br />permitted from time to time by applicable California law.
<br />All computations of the "worth at the time of award" of amounts recoverable by Owner under sub-
<br />paragraphs (a) and (b) hereof shall be computed by allowing interest at the lower of 127 per annum
<br />or the highest rate permitted by law. The "worth at the time of award" recoverable by Owner under
<br />subparagraph (c) hereof shall be computed by discounting the amount otherwise recoverable by Owner
<br />(less the Unreimbxssed leasehold Improvement Cost) at the discount rate of the Federal Reserve Bank
<br />of San Francisco at the time of the award plus 1 %.
<br />2. upon termination of this Lease, whether by lapse of time or otherwise, Tenant shall immed-
<br />iately vacate the Premises and deliver possession thereof to Owner. If Tenant has abandoned the
<br />Premises (or has vacated same and Owner or any of its agents, after diligent inquiry, has reason to
<br />believe that Tenant does not intend to reoccupy the Premises), and current or past rent is unpaid,
<br />or if Owner or any of its agents acts pursuant to a court order, then Owner or any of its agents
<br />shall have the right, with or without terminating this Lease, to re -enter the Premises and remove
<br />all persons therefrom and any or all of Tenant's trade fixtures, equipment, furniture and other per-
<br />sonal property (herein collectively referred to as "property") from the Premises, without being
<br />deemed in any manner liable for trespass, eviction or forcible entry or detainer, or conversion of
<br />property, and without relinquishing any right given to Owner in this lease or by operation of law.
<br />If Owner re- enters the Premises in such a situation, all property removed from the Premises by Omer
<br />or any of its agents may be handled, removed or stored in a commercial warehouse or otherwise by
<br />Owner at Tenant's risk and expense, and Owner shall in no event be responsible for the value, pres-
<br />ervation or safekeeping thereof. Before retaking any such property from storage, Tenant shall pay
<br />to Omer, upon demand, all expenses incurred in such removal and all storage charges against such
<br />property. Any such property of Tenant not so retaken from storage by Tenant within 30 days after
<br />such property has been removed from the Premises shall be deemed abandoned and shall be disposed of
<br />by Owner pursuant to Section 1988 of the California Civil Code.
<br />3. Notwithstanding Owners right to terminate this lease pursuant to Paragraph 2OB(1), Owner
<br />may, at its option, enforce all of its rights and remedies under this lease (including the right to
<br />recover the rent as it becomes due hereunder), provided that Owner does not terminate Tenant's right
<br />to possession of the Premises. In such event, Owner shall be entitled to recover from Tenant all
<br />costs of maintenance and preservation of the Premises, and all costs, including attorneys' fees and
<br />receivers' fees, incurred in connection with the appointment of and performance by a received to
<br />protect the Premises and Owner's interests under this lease. No re -entry or taking possession of
<br />the Premises by Owner pursuant to this Paragraph 20B(3) shall be construed as an election to termi-
<br />nate this Lease Warless a written notice of such intention is given to Tenant or unless it is decreed
<br />by a court of competent jurisdiction that Owner has terminated this lease or Tenant's right to
<br />possession of the Premises. Notwithstanding any reletting by Owner without a termination of this
<br />Lease, Owner may at any time after such reletting elect to terminate this lease pursuant to Para-
<br />graph 2OB(1). Upon and after entry into possession of the Premises without termination of this
<br />Lease, Omer may, but need not, relet the Premises or any part thereof for the account of Tenant to
<br />any person, firm, corporation or other business entity other than Tenant for such rent, for such
<br />time and upon such terms as Omer, in Owner's sole discretion, shall determine. Omer shall not be
<br />required to accept any substitute tenant offered by Tenant or to observe any instructions given by
<br />Tenant regarding such reletting. In any case, Omer may make repairs, alterations and additions in
<br />MAR 1988
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