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19.1.3 Except as otherwise provided in this Section 19.1
, any failure by Tenant to observe or perform any other provision,
covenant or condition of this Lease where such failure continues for 30 days after written notice from Landlord; provided that if such failure
cannot reasonably be cured within such 30-
day period, Tenant shall not be deemed to be in Default if it diligently commences such cure within
such period, thereafter diligently pursues such cure, and completes such cure within a reasonable time after Landlord’s written notice; or
19.1.4 Any failure by Tenant to observe or perform the provisions of Articles 5 , 14 , 17 or 18
above where such failure
continues for more than two (2) business days after notice from Landlord; or
19.1.5 Tenant becomes in breach of Section 30.18.1.2 or 30.18.1.3 below.
The notice periods provided herein shall, at the election of Landlord, run concurrently with any notice periods provided by Law, and
any notice delivered in order to be entitled to commence an unlawful detainer proceeding which identifies the alleged Tenant Default shall
satisfy the notice condition for a Default pursuant to this Section.
19.2 Remedies Upon Default
. Upon the occurrence of any Default, Landlord shall have, in addition to any other remedies
available to Landlord at law or in equity (which shall be cumulative and nonexclusive), the option to pursue any one or more of the following
remedies (which shall be cumulative and nonexclusive) without any notice or demand.
19.2.1 Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails
to do so, Landlord may, without prejudice to any other remedy it may have for possession or arrearages in Rent, enter upon and take possession
of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof in any manner
permitted by Law, without being liable for prosecution or any claim or damages therefor; and Landlord may recover from Tenant the following:
(a) The worth at the time of award of the unpaid Rent which has been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after
termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Lease Term after
the time of award exceeds the amount of such Rent loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’
s
failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including
unamortized brokerage commissions and advertising expenses, and expenses of placing the Premises in the Required Surrender Condition, ; and
(e) At Landlord’
s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from
time to time by applicable Law.
As used in Sections 19.2.1(a) and (b) above, the “ worth at the time of award ”
shall be computed by allowing interest at a rate per
annum equal to the lesser of the following (the “ Default Rate ”): (
i) the Prime Rate plus five percent (5%) per annum, or (ii) the highest rate
permitted by Law. As used in Section 19.2.1(c) above, the “ worth at the time of award ”
shall be computed by discounting such amount at the
discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%. As used in this Lease, the term “ Prime Rate ”
means
the prime rate (or base rate) reported in the Money Rates column or section of The Wall Street Journal as being the base rate on corporate loans
at large U.S. money center commercial banks (whether or not such rate has actually been charged by any such bank) on the first day on which
The Wall Street Journal is published in the month preceding the month in which the subject sums are payable or incurred.
19.2.2
Landlord shall have the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect
after lessee’
s breach and abandonment and recover Rent as it becomes due, if lessee has the right to sublet or assign, subject only to reasonable
limitations). Accordingly, if Landlord does not elect to terminate this Lease on account of any default by Tenant, Landlord may, from time to
time, without terminating this Lease, enforce all of its rights and remedies under this Lease, including the right to recover all Rent as it becomes
due.
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