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Agmt10 Chemical Way Properties
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Agmt10 Chemical Way Properties
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Last modified
10/13/2010 3:42:55 PM
Creation date
10/13/2010 3:41:34 PM
Metadata
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Agreement
Contractor Name
Chemical Way Properties
PROJECT NAME
Real Estate Option Agreement 20 Chemical Way APN 052-392-240
RMP File Number
304
Date
10/1/2010
MO Ref
10-194
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(2) the worth at the time of award of the amount by which the unpaid rent <br /> which would have been earned after termination until the time of award exceeds the amount of <br /> such rental loss for the same period that Tenant proves could have been reasonably avoided; plus <br /> (3) the worth at the time of award of the amount by which the unpaid rent <br /> for the balance of the term after the time of award exceeds the amount of such rental loss for the <br /> same period that Tenant proves could be reasonably avoided; plus <br /> (4) any other amount necessary to compensate Landlord for all the <br /> detriment approximately caused by Tenant's failure to perform Tenant's obligations under this <br /> Lease, or which in the ordinary course of things would be likely to result therefrom. <br /> The "worth at the time of award" of the amounts referred to in <br /> Subparagraphs (1) and (2) of this Section 16.2(b) shall be computed by allowing interest at the <br /> lower of five percent (5 %) per annum plus the discount rate of the Federal Reserve Bank of San <br /> Francisco, or the maximum rate then permitted by law. The "worth at the time of award" of the <br /> amount referred to in Subparagraph (3) of this paragraph shall be computed by discounting such <br /> amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award <br /> plus one percent (1%). <br /> (c) This Lease may be terminated by a judgment specifically providing for <br /> termination, or by Landlord's delivery to Tenant of written notice specifically terminating this <br /> Lease. In no event shall any one or more of the following actions by Landlord, in the absence of <br /> a written election by Landlord to terminate this Lease, constitute a termination of this Lease or a <br /> waiver of Landlord's right to recover damages under this Section 16: <br /> (1) appointment of a receiver in order to protect Landlord's interest <br /> hereunder; <br /> (2) consent to any subletting of the Premises or assignment of this Lease <br /> by Tenant, whether pursuant to provisions hereof concerning subletting and assignment or <br /> otherwise.; or <br /> (3) any other action by Landlord or Landlord's agents intended to mitigate <br /> the adverse effects of any Event of Default of this Lease by Tenant, including without limitation <br /> any action taken to maintain and preserve the Premises, or any action taken to relet the Premises <br /> or any portion thereof for the account of Tenant and in the name of Tenant. <br /> 16.3 No Relief From Forfeiture After Default. Tenant waives all rights <br /> of redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 <br /> and 1179, and under any other present or future law, in the event Tenant is evicted or Landlord <br /> otherwise lawfully takes possession of the Premises by reason of any Event of Default. <br /> 16.4 Landlord's Right to Perform Tenant's Obligations. If an Event of <br /> Default by Tenant shall occur hereunder, then Landlord may, but shall not be obligated to, make <br /> Redwood City Lease 10.07. 2010 v.4 (20 Chemical) 17 <br />
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