eTrade 2000 Annual Report Download - page 130

(h) Attachment . The attachment, execution or other judicial seizure of all or substantially all of Tenant’ s assets or this leasehold;
(i) Failure to Comply . Tenant’ s failure to comply with the provisions contained in Sections 16.1 and 16.3; and
An Event of Default shall constitute a default by Tenant under this Lease. In addition, any notice required to be given by Landlord
under this Lease shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Civil Code of
Procedure. Tenant shall pay to Landlord the amount of Two Hundred Fifty Dollars ($250.00) for each notice of default given to
Tenant under this Lease, which amount is the amount the parties reasonably estimate will compensate Landlord for the cost of giving
such notice of default.
14.2. Landlord’s Remedies. Upon an Event of Default, Landlord shall have the following remedies, in addition to all other rights
and remedies provided by law, equity, statute or otherwise provided in this Lease, to which Landlord may resort cumulatively or in the
alternative:
(a) Continue Lease . Landlord may continue this Lease in full force and effect, and this Lease shall continue in full force and effect so
long as Landlord does not terminate Tenant’ s right to possession, and Landlord shall have the right to collect Rent when due. In such
event, Landlord shall have the remedy described in California Civil Code Section 1951.4 (Landlord may continue this Lease in effect
after Tenant’ s breach and abandonment and recover Rent as it becomes due, if Tenant has the right to sublet or assign, subject only to
reasonable limitations), or any successor statute.
(b) Terminate Lease . Landlord may terminate Tenant’ s right to possession of the Premises at any time by giving written notice to that
effect. Upon termination of this Lease, Landlord shall have the right, at Tenant’ s sole cost and expense, to remove all of Tenant’ s
personal property from the Premises and store Tenant’ s personal property on Tenant’ s behalf. Landlord shall have the right to recover
from Tenant: (1) the worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of
termination; plus (2) the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable which
would have been payable after termination until the time of award exceeds the amount of the Rent loss that Tenant proves could have
been reasonably avoided; plus (3) the worth at the time of award of the amount by which the unpaid Rent and other sums due and
payable for the balance of the Term after the time of award exceeds the amount of the Rent loss that Tenant proves could be
reasonably avoided; plus (4) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’ s
failure to perform Tenant’ s obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom.
(c) Definition . The “worth at the time of award” of the amounts referred to in Subsections 14.2(b)(1), (2) and (3) is defined in
California Civil Code Section 1951.2.
(e) Cumulative . Each right and remedy of Landlord provided for in this Lease shall be cumulative and shall be in addition to every
other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. The exercise
or beginning of the exercise by Landlord of any one or more of the rights or remedies provided for in this Lease, or now or hereafter
existing at law or in equity or by statute or otherwise, shall not preclude the simultaneous or later exercise by Landlord of any or all
other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise.
(f) No Waiver . Landlord’ s failure to insist upon the strict performance of any term hereof or to exercise any right or remedy upon a
default by Tenant under this Lease shall not constitute a waiver of any such term or default. In addition, Landlord’ s acceptance of Rent
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 accepted, regardless of Landlord’ s knowledge of such preceding breach at the time
Landlord accepts such Rent. Efforts by Landlord to mitigate the damages caused by Tenant’ s breach of this Lease shall not be
construed to be a waiver of Landlord’ s right to recover damages under this Section 14. Nothing in this Section 14 affects the right of
Landlord to indemnification by Tenant in accordance with the terms of this Lease for any liability arising prior to the termination of
this Lease for personal injuries or property damage.
15. ASSIGNMENT AND SUBLETTING
15.1. Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole
or in part (each hereinafter referred to as an “assignment”), nor sublet or permit
occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a “sublet” or “subletting”),
without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No assignment or
subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Tenant’ s obligation to pay Base Rent and
Additional Rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without Landlord’ s prior
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