Carbonite 2011 Annual Report Download - page 150

EXHIBIT “D”
ARIZONA STATE LAW PROVISIONS
1. REMEDIES FOR EVENTS OF DEFAULT .
1.1 Landlord’s Right to Terminate Upon Tenant Default . This Lease and the Term and estate hereby granted and the demise hereby
made are subject to the limitation that if and whenever any Event of Default shall occur, Landlord may, at Landlord’s option, in addition to all other
rights and remedies given hereunder or by law or equity, do any one or more of the following without notice or demand, any such notice or demand
being hereby waived, to the extent that such waiver is allowed by Applicable Laws:
1.1.1 Terminate this Lease, in which event Tenant shall immediately surrender possession of the Tenant Space to Landlord.
1.1.2 Enter upon and take possession of the Tenant Space and expel or remove Tenant and any other occupant therefrom, with or
without having terminated this Lease.
1.1.3 Alter locks and other security devices at the Tenant Space.
1.1.4 Terminate any and all agreements, subleases, licenses, concessions or other consensual arrangements for possession entered
into by Tenant, with Landlord or with third parties, and affecting the Tenant Space or any part of the Building.
1.2 No Surrender or Merger . Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be
deemed to be an acceptance of surrender of all or any part of the Tenant Space by Tenant, whether by agreement or by operation of law, it being
understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of security devices and no
removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space shall be deemed unauthorized or
constitute a conversion, Tenant hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over Tenant’s property within the
Building. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived
(subject to Section 1.7 of this Exhibit “D” ), as are all claims for damages by reason of any distress warrant, unlawful detainer proceedings,
sequestration proceedings or other legal process, to the extent that such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by
Landlord may be pursuant to judgment obtained in unlawful detainer proceedings or other legal proceedings or without the necessity for any legal
proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.
1.3 Damages Upon Default . If Landlord elects to terminate this Lease by reason of an Event of Default, then, notwithstanding such
termination, Landlord may hold Tenant liable for all rental and other indebtedness accrued to the date of such termination, plus, at Landlord’s election,
either:
(i) such rental and other indebtedness as would otherwise have been required to be paid by Tenant to Landlord during the period following
termination of the Term of this Lease measured from the date of such termination by Landlord until the expiration of the Term of this Lease (had
Landlord not elected to terminate this Lease on account of such Event of Default) diminished by any net sums thereafter received by Landlord
through reletting the Tenant Space during said period (after deducting expenses incurred by Landlord in good faith as provided in Section 1.5
below), or