Laserfiche WebLink
<br />6.1E <br />Page 24 <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 (100/0) 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 o/a).C. Efforts that Lessor may make to mitigate the <br />damages caused by Lessee's breach of this Agreement shall not <br />constitute a waiver of Lessor's right to recover damages against Lessee, <br />nor shall anything contained in this Agreement affect Lessor's right to <br />indemnification against Lessee for any liability arising prior to the <br />termination of this Agreement for personal injuries or property damage. <br />D. The Lessor has the remedy described in California Civil Code <br />Section 1951.4 (Lessor may continue Lease in effect after Lessee's <br />breach and abandonment and recover rent as it becomes due, if Lessee <br />has right to sublet or assign, subject only to reasonable limitations). <br /> <br />E. 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 />F. 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 />any breach or default by Lessee under this Agreement, to collect and <br />retain the rents, (solely in the case of a subLease previously approved by <br />Lessor) issues, and profits, from the operation of Lessee's approved <br />business use, as they become due and payable, and so long as <br />payments to Lessor are also kept current. <br /> <br />F. Upon any breach or default, Lessor 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 /> <br />ATTY/AGR/2010.012 <br />022610 <br /> <br />Initials <br /> <br />21 <br />