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 THE RIGHT TO
SUBLET OR ASSIGN, SUBJECT ONLY TO REASONABLE LIMITATIONS).
ACCORDINGLY, IF
LANDLORD DOES NOT ELECT TO TERMINATE THIS LEASE ON ACCOUNT OF ANY DEFAULT BY
TENANT, LANDLORD MAY, FROM TIME TO TIME, WITHOUT TERMINATING THIS LEASE, ENFORCE
ALL OF ITS RIGHTS AND REMEDIES UNDER THIS LEASE, INCLUDING THE RIGHT TO RECOVER
ALL RENT AS IT BECOMES DUE.
19.2.3
LANDLORD MAY, BUT SHALL NOT BE OBLIGATED TO, MAKE ANY SUCH PAYMENT OR
PERFORM OR OTHERWISE CURE ANY SUCH OBLIGATION, PROVISION, COVENANT OR CONDITION
ON TENANT'S PART TO BE OBSERVED OR PERFORMED (AND MAY ENTER THE PREMISES FOR
SUCH PURPOSES), ALL AT TENANT'S EXPENSE, WITHOUT WAIVING ITS RIGHTS BASED UPON
ANY DEFAULT OF TENANT AND WITHOUT RELEASING TENANT FROM ANY OBLIGATIONS
HEREUNDER.
IN THE EVENT OF TENANT'S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS
OR COVENANTS UNDER THIS LEASE, AND SUCH FAILURE TO PERFORM POSES A MATERIAL RISK
OF INJURY OR HARM TO PERSONS OR DAMAGE TO OR LOSS OF PROPERTY, THEN LANDLORD
SHALL HAVE THE RIGHT TO CURE OR OTHERWISE PERFORM SUCH COVENANT OR OBLIGATION AT
ANY TIME AFTER SUCH FAILURE TO PERFORM BY TENANT, WHETHER OR NOT ANY SUCH NOTICE
OR CURE PERIOD SET FORTH IN SECTION 19.1 ABOVE HAS EXPIRED.
ANY SUCH ACTIONS
UNDERTAKEN BY LANDLORD PURSUANT TO THE FOREGOING PROVISIONS OF THIS
SECTION 19.2.3 SHALL NOT BE DEEMED A WAIVER OF LANDLORD'S RIGHTS AND REMEDIES AS
A RESULT OF TENANT'S FAILURE TO PERFORM AND SHALL NOT RELEASE TENANT FROM ANY OF
ITS OBLIGATIONS UNDER THIS LEASE.
19.3
PAYMENT BY TENANT.
TENANT SHALL PAY TO LANDLORD, WITHIN THIRTY
(30) DAYS AFTER DELIVERY BY LANDLORD TO TENANT OF STATEMENTS THEREFOR:
(I) SUMS
EQUAL TO EXPENDITURES REASONABLY MADE AND OBLIGATIONS INCURRED BY LANDLORD IN
CONNECTION WITH LANDLORD'S PERFORMANCE OR CURE OF ANY OF TENANT'S OBLIGATIONS
PURSUANT TO THE PROVISIONS OF SECTION 19.2.3 ABOVE; AND (II) SUMS EQUAL TO ALL
EXPENDITURES MADE AND OBLIGATIONS INCURRED BY LANDLORD IN COLLECTING OR
ATTEMPTING TO COLLECT THE RENT OR IN ENFORCING OR ATTEMPTING TO ENFORCE ANY
RIGHTS OF LANDLORD UNDER THIS LEASE OR PURSUANT TO LAW, INCLUDING, WITHOUT
LIMITATION, ALL LEGAL FEES AND OTHER AMOUNTS SO EXPENDED.
TENANT'S OBLIGATIONS
UNDER THIS SECTION 19.3 SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF
THE LEASE TERM.
19.4
SUBLEASES OF TENANT.
WHETHER OR NOT LANDLORD ELECTS TO TERMINATE
THIS LEASE ON ACCOUNT OF ANY DEFAULT BY TENANT WHICH EXTENDS BEYOND ANY
APPLICABLE NOTICE AND CURE PERIOD, AS SET FORTH IN THIS ARTICLE 19, FOLLOWING
ANY SUCH DEFAULT BY TENANT, LANDLORD SHALL HAVE THE RIGHT TO TERMINATE ANY AND
ALL SUBLEASES, LICENSES, CONCESSIONS OR OTHER CONSENSUAL ARRANGEMENTS FOR
POSSESSION ENTERED INTO BY TENANT AND AFFECTING THE PREMISES OR MAY, IN
LANDLORD'S SOLE DISCRETION, SUCCEED TO TENANT'S INTEREST IN SUCH
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SUBLEASES, LICENSES, CONCESSIONS OR ARRANGEMENTS.
IN THE EVENT OF LANDLORD'S
ELECTION TO SUCCEED TO TENANT'S INTEREST IN