8x8 2009 Annual Report Download - page 124

19.1.3 Notwithstanding Landlord's exercise of the remedy described in California Civil Code § 1951.4 in
respect of an Event or Events of Default, at such time thereafter as Landlord may elect in writing, to terminate this Lease and
Tenant’ s right to possession of the Premises and recover an award of damages as provided above in Section 19.1.1.
19.2 The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any
preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the
particular rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such
rent. No waiver by Landlord of any breach hereof shall be effective unless such waiver is in writing and signed by Landlord.
19.3 TENANT HEREBY WAIVES ANY AND ALL RIGHTS CONFERRED BY SECTION 3275 OF
THE CIVIL CODE OF CALIFORNIA AND BY SECTIONS 1174 (c) AND 1179 OF THE CODE OF CIVIL
PROCEDURE OF CALIFORNIA AND ANY AND ALL OTHER REGULATIONS AND RULES OF LAW FROM
TIME TO TIME IN EFFECT DURING THE TERM PROVIDING THAT TENANT SHALL HAVE ANY RIGHT
TO REDEEM, REINSTATE OR RESTORE THIS LEASE FOLLOWING ITS TERMINATION BY REASON OF
TENANT'S BREACH. TENANT ALSO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY
LAW, THE RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO THIS
LEASE.
19.4 No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other
right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given
hereunder or now or hereafter existing by agreement, applicable law or in equity. In addition to other remedies provided in
this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief, or to a decree compelling
performance of any of the covenants, agreements, conditions or provisions of this Lease, or to any other remedy allowed to
Landlord at law or in equity. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an Event
of Default shall not be deemed or construed to constitute a waiver of such Event of Default.
19.5 This Article 19 shall be enforceable to the maximum extent such enforcement is not prohibited by
applicable law, and the unenforceability of any portion thereof shall not thereby render unenforceable any other portion.
19.6 If more than one (1) Event of Default occurs during the Term or any renewal thereof, Tenant’ s renewal
options, expansion options, purchase options and rights of first offer and/or refusal, if any are provided for in this Lease, shall
be null and void.
19.7 If, on account of any breach or default by Tenant in Tenant’ s obligations under the terms and conditions of
this Lease, it shall become necessary or appropriate for Landlord to employ or consult with an attorney or collection agency
concerning or to enforce or defend any of Landlord’ s rights or remedies arising under this Lease or to collect any sums due
from Tenant, Tenant agrees to pay all costs and fees so incurred by Landlord, including, without limitation, reasonable
attorneys’ fees and costs. If either party participates in an action against the other party arising out of or in connection with
this Lease or any covenants or obligations hereunder, then the prevailing party shall be entitled to have or recover from the
other party, upon demand, all reasonable attorneys’ fees and costs incurred in connection therewith. TENANT AND
LANDLORD EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Tenant hereby specifically also waives notice
and demand for payment of rent or other obligations, except for those notices specifically required pursuant to the terms of
this Lease and notices which may be required under California Code of Civil Procedure Section 1161, as described in Section
18.1.1 above.
19.8 Upon the occurrence of an Event of Default, Landlord may (but shall not be obligated to) cure such default
at Tenant’ s sole expense. Without limiting the generality of the foregoing, Landlord may, at Landlord’ s option, enter into
and upon the Premises if Landlord determines in its sole discretion that Tenant is not acting within a commercially
reasonable time to maintain, repair or replace anything for which Tenant is responsible under this Lease or to otherwise effect
compliance with its obligations under this Lease and correct the same, without being deemed in any manner guilty of
trespass, eviction or forcible entry and detainer and without incurring any liability for any damage or interruption of Tenant’ s
business resulting therefrom and Tenant agrees to reimburse Landlord within five (5) days of Landlord’ s demand as
additional rent, for any expenses which Landlord may incur in thus effecting compliance with Tenant’ s obligations under this
Lease, plus interest from the date of expenditure by Landlord at the Wall Street Journal prime rate.
20. TENANT’S BANKRUPTCY OR INSOLVENCY.
20.1 If at any time and for so long as Tenant shall be subjected to the provisions of the United States Bankruptcy
Code or other law of the United States or any state thereof for the protection of debtors as in effect at such time (each a
“Debtor’ s Law”):
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