(30) DAYS AFTER WRITTEN NOTICE THEREOF FROM
LANDLORD TO TENANT; PROVIDED, HOWEVER, THAT IF THE NATURE OF SUCH DEFAULT IS
SUCH THAT THE SAME CANNOT REASONABLY BE CURED WITHIN A THIRTY (30) DAY PERIOD,
TENANT SHALL NOT BE DEEMED TO BE IN DEFAULT IF IT DILIGENTLY COMMENCES SUCH CURE
WITHIN SUCH PERIOD AND THEREAFTER DILIGENTLY PROCEEDS TO RECTIFY AND CURE SAID
DEFAULT AS SOON AS POSSIBLE; ANY SUCH NOTICE DELIVERED BY LANDLORD SHALL, AT
LANDLORD'S OPTION, BE IN LIEU OF, AND NOT IN ADDITION TO, ANY NOTICE REQUIRED
UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1161 OR ANY SIMILAR SUCCESSOR
LAW.
19.2
REMEDIES UPON DEFAULT.
UPON THE OCCURRENCE OF ANY DEFAULT BY
TENANT PURSUANT TO SECTION 19.1 ABOVE WHICH REMAINS UNCURED AFTER EXPIRATION OF
THE APPLICABLE NOTICE AND CURE PERIOD SET FORTH IN SECTION 19.1 ABOVE, LANDLORD
SHALL HAVE, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO LANDLORD AT LAW OR IN
EQUITY, THE OPTION TO PURSUE ANY ONE OR MORE OF THE FOLLOWING REMEDIES, EACH AND
ALL OF WHICH SHALL BE CUMULATIVE AND NONEXCLUSIVE, WITHOUT ANY ADDITIONAL NOTICE
OR DEMAND WHATSOEVER (EXCEPT AS REQUIRED BY APPLICABLE LAWS).
19.2.1
TERMINATE THIS LEASE, IN WHICH EVENT TENANT SHALL IMMEDIATELY
SURRENDER THE PREMISES TO LANDLORD, AND IF TENANT FAILS TO DO SO, LANDLORD MAY,
WITHOUT PREJUDICE TO ANY OTHER REMEDY WHICH IT MAY HAVE FOR POSSESSION OR
ARREARAGES IN RENT, ENTER UPON AND TAKE POSSESSION OF THE PREMISES AND EXPEL OR
REMOVE TENANT AND ANY OTHER PERSON WHO MAY BE OCCUPYING THE PREMISES OR ANY PART
THEREOF, WITHOUT BEING LIABLE FOR PROSECUTION OR ANY CLAIM OR DAMAGES THEREFOR;
AND LANDLORD MAY RECOVER FROM TENANT THE FOLLOWING:
(I)
THE WORTH AT THE TIME OF AWARD OF ANY UNPAID RENT WHICH HAS BEEN
EARNED AT THE TIME OF SUCH TERMINATION; PLUS
(II)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE UNPAID
RENT WHICH WOULD HAVE BEEN EARNED AFTER TERMINATION UNTIL THE TIME OF AWARD
EXCEEDS THE AMOUNT OF SUCH RENTAL LOSS THAT TENANT PROVES COULD HAVE BEEN
REASONABLY AVOIDED; PLUS
(III)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE UNPAID
RENT FOR THE BALANCE OF THE LEASE TERM AFTER THE TIME OF AWARD EXCEEDS THE
AMOUNT OF SUCH RENTAL LOSS THAT TENANT PROVES COULD HAVE BEEN REASONABLY
AVOIDED; PLUS
(IV)
ANY OTHER AMOUNT NECESSARY TO COMPENSATE LANDLORD FOR ALL THE
DETRIMENT PROXIMATELY CAUSED BY TENANT'S FAILURE TO PERFORM ITS OBLIGATIONS
UNDER THIS LEASE OR WHICH IN THE ORDINARY COURSE OF THINGS WOULD BE LIKELY TO
RESULT THEREFROM; AND
(V)
AT LANDLORD'S ELECTION, SUCH OTHER AMOUNTS IN ADDITION TO OR IN
LIEU OF THE FOREGOING (TO THE EXTENT NOT DUPLICATIVE) AS MAY BE PERMITTED FROM
TIME TO TIME BY APPLICABLE LAW.
48
The term "rent" as used in this Section 19.2 shall be deemed to be and to mean
all sums of every nature required to be paid by Tenant pursuant to the terms of
this Lease, whether to Landlord or to others.
As