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6.1 G <br /> Page 24 <br /> ATTACHMENT 2 <br /> C. Effarts thaf Lessor may make ta mitigate the damages caused by <br /> Lessee's breach of this Agreement shal( not constitute a waiver of <br /> Lessor's right to recove� damages against E.essee, nor shal! anything <br /> contained in #his Agreement affect Lessor's right to indemnification <br /> against Lessee for any Iiability arising prior to the termination of this <br /> Agreement for personal injuries or praperty damage. <br /> D. The Lessor has the remedy described in Cali#omia Civil Code Section <br /> 1951.4 (Lessor may cantinue lease in effect after Lessee's breach and <br /> abandonment a�d recover rent as it becames due, if Lessee has right to <br /> sublet or assign, subjec#only to reasonable limitations). <br /> The breach of this Agreement by Lessee and abandonmen# of the <br /> Premises by Lessee, shalf not constitute a terminatian of this Agreement, <br /> nor of Lessee's right of possession under this Agreement, uniess and <br /> until Lessar elects#o do so, and until that time Lessor sha11 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 Lesses's right of possession under this <br /> Agreement, Lessee shall have the right fo sublet the Premises or to <br /> assign interests in this Agreement, or both, subject only to the written <br /> consent of Lessor,which consent shal! no#be unreasonably withheld. <br /> E. As sect.irity for the performance by Lessee of all duties and obligations <br /> under the Agreemgnt, Lessee assigns to Lessor the right, power, and <br /> authority, during the continuance of this Agreement, to coilect the rents, <br /> issues, and profits of the Prernises, reserv9ng to Lessee the r'tght, prior to <br /> any breach or default by Lessee under #his Agreemen#, to coilect and <br /> retain the rents, {solely in the case of a sub(ease previousfy approved by <br /> Lessor} issues, and profits, from the operatian of Lessee's approved <br /> business use, as they become due and payable, and sa long as <br /> payments to Lessor are afso kept current. <br /> F. Upon any breach or default, Lessar shall have the right at any time <br /> afterward, without notice except as provided for previously, either in <br /> person, by agent, or by a receiver to be appointed by a court, enter and <br /> take possession of the Premises and collect rents, issues, and profits, <br /> incfuding thase past due and unpaid, and apply the same, less costs and <br /> expenses of operation and coHection, incfuding reasonable attorney fees, <br /> upon any secured indebtedness, and in any order as Lessor may <br /> determine. <br /> G. In the event that Lessor should take any act to maintain or prese►ve the <br /> Premises on Lessee's behaff, or seek the appointment af a receiver to <br /> protect Lessor's interests under this Agreement, suctt acts shall not <br /> constitute a termina#ion of Lessee's right of possession unfess Lessee <br /> receives written natice from Lessor ta regarding Lessor's election to <br /> terminate. <br /> 35. SURRENDER <br /> 35.1 Upan the expiration of the Lease Term hereof and #he leasehold interest created <br /> Atty/Agd2008.033 21 <br /> 450508 <br />