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<br />earned at the time of termination; <br /> <br />2. The worth at the time of award of the amount by which the unpaid <br />rent that would have been earned after termination until the time <br />of award exceeds the amount of this rental loss that Lessee <br />proves could have been reasonably avoided; <br /> <br />3. The worth at the time of award of the amount by which the unpaid <br />rent for the balance of the Term after the time of award exceeds <br />the amount of this rental loss that Lessee proves could be <br />reasonably avoided; and <br /> <br />4. Any other amount necessary to compensate Lessor for all the <br />detriment proximately caused by Lessee's failure to perform <br />Lessee's obligations under the Agreement. <br /> <br />B. The worth at the time of award of the amounts referred to in <br />subparagraphs (1) and (2) of subdivision (A) shall be computed by <br />allowing interest at ten percent (10%) per annum. The worth at the time <br />of award of the amount referred to in subparagraph (3) of subdivision (A) <br />shall be computed by discounting this amount at the discount rate of the <br />Federal Reserve Bank of San Francisco at the time of award plus one <br />percent (1%). <br /> <br />C. Efforts that Lessor may make to mitigate the damages caused by <br />Lessee's breach of this Agreement shall not constitute a waiver of <br />Lessor's right to recover damages against Lessee, nor shall anything <br />contained in this Agreement affect Lessor's right to indemnification <br />against Lessee for any liability arising prior to the termination of this <br />Agreement for personal injuries or property damage. <br /> <br />D. The Lessor has the remedy described in California Civil Code Section <br />1951.4 (Lessor may continue lease in effect after Lessee's breach and <br />abandonment and recover rent as it becomes due, if Lessee has right to <br />sublet or assign, subject only to reasonable limitations). <br /> <br />The breach of this Agreement by Lessee and abandonment of the <br />Premises by Lessee, shall not constitute a termination of this Agreement, <br />nor of Lessee's right of possession under this Agreement, unless and <br />until Lessor elects to do so, and until that time Lessor shall have the right <br />to recover rent and all other payments to be made by Lessee under this <br />Agreement as they become due; provided, that until Lessor elects to <br />terminate this Agreement and Lessee's right of possession under this <br />Agreement, Lessee shall have the right to sublet the Premises or to <br />assign interests in this Agreement, or both, subject only to the written <br />consent of Lessor, which consent shall not be unreasonably withheld. <br /> <br />E. <br /> <br />As security for the performance by Lessee of all duties and obligations <br />under the Agreement, Lessee assigns to Lessor the right, power, and <br />authority, during the continuance of this Agreement, to collect the rents, <br />issues, and profits of the Premises, reserving to Lessee the right, prior to <br /> <br />ATTY/AGR/2007.067 <br />103107 <br /> <br />22 <br />