Agmt98 OMIX - Laserfiche WebLink

Browse Search

1-30-19982:57PM FROM ALTA BUSINESS SVCS 650 349 5862 P.14 against Sublessee and such levy, attachment or assignment is not dismissed, and discharged within thirty (30) days after such assignment or levy. 22. REMEDIES UPON D~~AULT. Sublessor and Sublessee agree as follows upon Sublessor's remedies for any default by Sublessee in this sublease: A. In the event: of any such default by Sublessee, and in addi~ion to any other remedies available to Sublessor at law or in equi ~y, Sublessor shall have the immediate option to terminate this sublease and all rights of Sublessee hereunder by giving written notice of termination. In the event that Sublessor shall elect to so terminate this sublease then Sublessor may recover from Sublessee: (1) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (2) 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 amoun~ of such rental loss Sublessee proves could be reasonably; plus (3) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss the Sublessee proves could be reasonably avoided; plus (4) any other amount necessary ~o compensate Sublessor for all the detriment proximately caused by Sublessee's failure to perform his obligations under this sublease or which in the ordinary course of things would be likely to result therefrom; and (5) at Sublessor's election. such other amoun~s in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. B. The term "rent" as used herein, shall be deemed to be and to mean Base Rent and all other sums required to be paid by Sublessee pursuant to the terms of the sublease. c. As used in subparagraphs A(l) and (2) above, the "worth at the time of award" is computed by allowing interest at the rate of ten percent (10%) per annum. As used in subparagraph A(3) above. the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%'). D. In the event of any such defaul t by Sublessee, Sublessor shall also have the right, with or without terminating this sublease, to re-enter the Premises and remove all persons and property from the Premises; (such property may be removed and stored in a public warehouse or elsewhere at the cost of and for 0J./09/98 Ol/lS/9SR Ol/22/9SR 13 r ..r-...