Laserfiche WebLink
REV: 07-15-24 VR <br />(a) the worth at the time of award of any unpaid rent which had been <br />earned at the time of such termination; plus <br />(b) the worth at the time of award of the amount by which the unpaid <br />rent which would have been earned after termination until the time of award exceeds the <br />amount of such rental loss that Tenant proves could have been reasonably avoided; plus <br />(c) 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 the amount of such rental <br />loss that Tenant proves could be reasonably avoided; plus <br />(d) any other amount necessary to compensate Landlord for all the <br />detriment proximately caused by Tenant's failure to perform his obligations under this <br />Lease or which in the ordinary course of things would be likely to result therefrom. <br />As used in Paragraphs 21.2(a) and 21.2(b) above, the “worth at the time of award” <br />is computed by allowing interest at the maximum rate permitted by law per annum of ten <br />percent (10%). As used in Paragraph 21.2(c) above, the worth at the time of awards is <br />computed by discounting to present value at the time of the award such amount at the <br />discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one <br />percent (1%). <br />21.3 If a default exists under this Lease, Landlord shall also have the remedy <br />described in California Civil Code Section 1951.4 (Landlord may continue this Lease in <br />effect after Tenant has breached this Lease and abandoned the Premises and recover rent <br />as it becomes due; provided, however that Tenant has the right to sublet or assign this <br />Lease, subject only to reasonable limitations). Acts of maintenance or preservation or <br />efforts to relet the Premises or the appointment of a receiver upon initiative of Landlord to <br />protect Landlord's interest under this Lease shall not constitute a termination of Tenant's <br />right to possession. <br />21.4 During the continuance of a default, Landlord may enter the Premises <br />without terminating this Lease and remove all Tenant's personal property, any Changes and <br />trade fixtures from the Premises and store them at Tenant's risk and expense. If Landlord <br />removes such property from the Premises and stores it at Tenant's risk and expense, and if <br />Tenant fails to pay the cost of such removal and storage after written demand therefor <br />and/or to pay any rent then due, then after the property has been stored for a period of thirty <br />(30) days or more Landlord may sell such property at public or private sale, in the manner <br />and at such times and places as Landlord deems commercially reasonable following <br />reasonable notice to Tenant of the time and place of such sale. The proceeds of any such <br />sale shall be applied first to the payment of the expenses for removal and storage of the <br />property, the preparation for and the conducting of such sale, and for attorneys' fees and <br />other legal expenses incurred by Landlord in connection therewith; and the balance shall <br />be applied to any past due amount owing hereunder. <br />Tenant hereby waives all claims for damages that may be caused by Landlord's <br />reentering and taking possession of the Premises or removing and storing Tenant's personal <br />ATTY/AGR.2024.108/Sequoia Healthcare District (Office Lease Agreement) (Page 16 of 23)