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such proceeding is dismissed within thirty (30) days thereafter, (c) an adjudication of bankruptcy or a finding or judgment of insolvency of Lessee, (d) an assignment for the benefit of creditors by Lessee, (e) the levy of a writ of execution of the business of Lessee or the assets of Lessee located on the Premises which is not discharged within ten (10) days after the date of said levy, or (f) the appointment of a receiver to take possession of any property of Lessee. 23. Remedies. In the event of a Default by Lessee, Lessor may, at any time thereafter: (a) Cure said Default by Lessee at Lessee's expense. Lessee shall, upon demand, immediately reimburse Lessor for the cost of such cure together with interest at the Interest Rate from the date of the expenditure therefor by Lessor until such reimbursement is received by Lessor. (b) Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have vacated or abandoned the Premises, in which event Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover the Rent as it becomes due hereunder as provided in California Civil Code Section 1951.4. Acts of maintenance or preservation, efforts to re-let the Premises, or the appointment of a receiver upon the initiative of Lessor to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to possession. No act by Lessor other than giving written notice to Lessee will terminate this Lease. (c) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event Lessor shall be entitled to recover from Lessee the sum of all amounts set forth in California Civil Code Section 1951.2(a), including without limitation, the worth at the time of award of the amount by which all unpaid rent for the balance of the Term of this Lease after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided, and all other damages incurred by Lessor by reason of Lessee's default including, without limitation, the cost of recovering possession of the Premises, and expenses of re-letting such as renovation of the Premises and real estate commissions and finder's fees actually paid for such re-letting. The "worth at the time of award" shall be computed in the manner provided in Califomia Civil Code Section 1951.2(b) or its successor statute. For the purpose of determining unpaid rent under this paragraph, the rent reserved in this Lease shall be deemed to be the sum of all then unpaid monetary obligations owed under this Lease. (d) Pursue any other remedy now or hereafter available to Lessor under the laws of California. Termination of this Lease under this Section or for any reason whatsoever shall not release either party from any liability or obligation hereunder resulting from an event which may have occurred before termination (including, but not limited to payment of all rent due but unpaid as of the date of temfination), or thereafter in case by the terms of this Lease it is provided that certain things shall or may have to be done after termination hereof. -10- 895092.2