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<br />all of Lessee's assets located at the Premises or of Lessee's <br />interest in this Agreement. <br /> <br />(g) Lessee aCknowledges that Lessor has executed this Agreement in <br />reliance on the financial information furnished by Lessee to Lessor as to <br />Lessee's financial condition. If it is determined at any time subsequent to <br />the date of this Agreement that any of the financial information furnished <br />by Lessee and relied upon by Lessor in executing this Agreement is <br />substantially untrue or inaccurate, Lessee shall be deemed to be in <br />default under this Agreement, which default shall not be sUbject to cure, <br />and which shall entitle Lessor to exercise all remedies reserved to Lessor <br />under this Agreement or otherwise available to Lessor at law. <br /> <br />(h) Failure to abide by any local, state, or Federal govemmental laws or <br />regulations. <br /> <br />34. REMEDIES <br />34.1 In the event of any breach by Lessee, in addition to other rights or remedies of <br />Lessor at law or in equity, Lessor shall have/the following remedies: <br /> <br />A. If Lessee breaches the lease and abandons the Premises before the end <br />of the term, or if his right to possession is terminated by the Lessor <br />because of a breach of the lease, the lease terminates. Upon such <br />written notice of termination, the Lessor shall have the right to recover <br />against Lessee: <br /> <br />1. The worth at the time of award of the unpaid rent that had been <br />eamed 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 />B. <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 />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 />Atty/AgrI2008.033 <br />050508 <br /> <br />20 <br />