Agmt10 Steve Penna and Regina Van Brunt dba Some Stuff on the Square

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. . 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of this rental loss that Lessee proves could be reasonably avoided; and 4. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform Lessee's obligations under the Agreement. B. The worth at the time of award of the amounts referred to in subparagraphs (1) and (2) of subdivision (A) shall be computed by allowing interest at ten percent (10%) per annum. The worth at the time of award of the amount referred to in subparagraph (3) of subdivision (A) shall be computed by discounting this amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 o,lo).C. Efforts that Lessor may make to mitigate the damages caused by Lessee's breach of this Agreement shall not constitute a waiver of Lessor's right to recover damages against Lessee, nor shall anything contained in this Agreement affect Lessor's right to indemnification against Lessee for any liability arising prior to the termination of this Agreement for personal injuries or property damage. D. The Lessor has the remedy described in California Civil Code Section 1951.4 (Lessor may continue Lease in effect after Lessee's breach and abandonment and recover rent as it becomes due, if Lessee has right to sublet or assign, subject only to reasonable limitations). E. The breach of this Agreement by Lessee and abandonment of the Premises by Lessee, shall not constitute a termination of this Agreement, nor of Lessee's right of possession under this Agreement, unless and until Lessor elects to do so, and until that time Lessor shall have the right to recover rent and all other payments to be made by Lessee under this Agreement as they become due; provided, that until Lessor elects to terminate this Agreement and Lessee's right of possession under this Agreement, Lessee shall have the right to sublet the Premises or to assign interests in this Agreement, or both, subject only to the written consent of Lessor, which consent shall not be unreasonably withheld. F. As security for the performance by Lessee of all duties and obligations under the Agreement, Lessee assigns to Lessor the right, power, and authority, during the continuance of this Agreement, to collect the re!1ts, issues, and profits of the Premises, reserving to Lessee the right. prior to any breach or default by Lessee under this Agreement, to collect and retain the rents, (solely in the case of a subLease previously approved by Lessor) issues, and profits, from the operation of Lessee's approved business use, as they become due and payable, and so long as payments to Lessor are also kept current. F. Upon any breach or default, Lessor shall have the right at any time afterward, without notice except as provided for previously, either in person, by agent, or by a receiver to be appointed by a court, enter and take possession of the Premises and collect rents, issues, and profits, A TTY/AGR/201 0.012 022610 ~lnitialS 21