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(c) Should Landlord terminate this Lease for default pursuant to Section 25(b) , Landlord shall be entitled, at Landlord's election, to damages as provided by law. Such damages shall include, subject to the limitations provided in said Section 1951.2 and in Section 25(d) , the worth at the time of award of the unpaid Rent and other sums then owing by Tenant to Landlord under this Lease that had been earned and/or incurred at the time of termination of this Lease. The "worth at the time of the award" of the amounts is computed by allowing interest at the Index Rate (not to exceed the maximum legal rate). (d) In the event of any termination of this Lease pursuant to this Section 25, Landlord shall, to the extent, if any, required by applicable law, use commercially reasonable and diligent efforts to, at a minimum, relet the YMCA Site as soon as practicable at the same or substantially the same terms and conditions contained in this Lease. Landlord may execute any lease made pursuant to the terms of this Section 25 in Landlord's own name, and Tenant shall have no right or authority whatsoever to collect any rent from such new tenant or subtenant. The provisions of this Section 25(d) shall survive the expiration of the Term or the earlier termination of this Lease. 26. Nonwaiver. If any action or proceeding is instituted or if any other steps are taken by Landlord or Tenant, and a compromise part payment or settlement thereof shall be made, either before or afterjudgment, the same shall not constitute or operate as a waiver by Landlord or Tenant of any agreement, covenant or condition of this Lease or of any subsequent breach thereof. No waiver of any default under this Lease shall constitute or operate as a waiver of any subsequent default hereunder, and no delay, failure or omission in exercising or enforcing any right, privilege, or option under this Lease shall constitute a waiver, abandonment or relinquishment thereof or prohibit or prevent any election under or enforcement or exercise of any right, privilege, or option hereunder. No waiver of any provision hereof by Landlord or Tenant shall be deemed to have been made unless and until such waiver shall have been reduced to writing and signed by Landlord or Tenant, as the case may be. The receipt by Landlord of rent with knowledge of any default under this Lease shall not constitute or operate as a waiver of such default. Payment by Tenant or receipt by Landlord of a lesser amount than the stipulated rent or other sums due Landlord shall operate only as a payment on account of such rent or other sums. No endorsement or statement on any check or other remittance or in any communication accompanying or relating to such payment shall operate as a compromise or accord and satisfaction unless the same is approved in writing by Landlord, and Landlord may accept such check, remittance or payment without prejudice to its right to recover the balance of any rent or other sums due by Tenant and pursue any remedy provided under this Lease or by law. 27. No Merger. (a) There shall be no merger of the leasehold estate created by this Lease with any other estate in the YMCA Site, including the fee estate, by reason of the fact that the same person may own or hold the leasehold estate created by this Lease, or an interest in such leasehold estate, and such other estate in the YMCA Site, including the fee estate, or any interest YMCA Ground Lease -19- 82483.00016\32493585.6