eTrade 2000 Annual Report Download - page 183

with or without notice from Landlord:
(a) Abandonment . Tenant’ s abandonment of the Premises;
(b) Payment . Tenant’ s failure to pay any installment of Base Rent, Additional Rent or other sums due and payable hereunder by the
date such payment is due;
(c) Performance . Tenant’ s failure to perform any of Tenant’ s covenants, agreements or obligations under this Lease (other than a
failure to pay Rent or other sums), which default has not been cured within thirty (30) days after written notice thereof from Landlord;
(d) Assignment . A general assignment by Tenant for the benefit of its creditors;
(e) Bankruptcy . The commencement of a case or proceeding by Tenant or any of Tenant’ s creditors seeking the rehabilitation,
liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors;
(f) Receivership . The appointment of a receiver or other custodian to take possession of all or substantially all of Tenant’ s assets or
this leasehold;
(g) Insolvency, Dissolution, Etc . Tenant shall become insolvent or unable to pay its debts, or shall fail generally to pay its debts as
they become due; or any court shall enter a decree or order directing the winding up or liquidation of Tenant or of all or substantially
all of its assets; or Tenant shall take any action toward the dissolution or winding up of its affairs or the cessation or suspension of its
use of the Premises;
(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;
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 dais Lease or now or hereafter existing at law or in equity or by statute or otherwise. The exercise
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