ADAPT THEM TO ANOTHER BENEFICIAL USE BY LANDLORD AND (F) SUCH AMOUNTS IN
ADDITION TO OR IN LIEU OF THE FOREGOING AS MAY BE PERMITTED FROM TIME TO TIME BY
APPLICABLE LAW TO THE EXTENT THAT SUCH PAYMENT WOULD NOT RESULT IN A DUPLICATIVE
RECOVERY.
THE TERM "RENT" AS USED IN THIS SECTION 16.2(C) 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 USED IN
SECTIONS 16.2(C)(I) AND (II), ABOVE, THE "WORTH AT THE TIME OF AWARD" SHALL BE
COMPUTED BY ALLOWING INTEREST AT THE INTEREST RATE, BUT IN NO CASE GREATER THAN
THE MAXIMUM AMOUNT OF SUCH INTEREST PERMITTED BY APPLICABLE LAW.
AS USED IN
SECTION 16.2(C)(III) ABOVE, THE "WORTH AT THE TIME OF AWARD" SHALL BE COMPUTED
BY DISCOUNTING SUCH AMOUNT AT THE DISCOUNT RATE OF THE FEDERAL RESERVE BANK OF
SAN FRANCISCO AT THE TIME OF AWARD PLUS ONE PERCENT.
(D)
THE RIGHTS AND REMEDIES DESCRIBED IN CALIFORNIA CIVIL CODE
SECTION 1951.4 WHICH ALLOW LANDLORD TO CONTINUE THIS LEASE IN EFFECT AND TO
ENFORCE ALL OF LANDLORD'S RIGHTS AND REMEDIES UNDER THIS LEASE, INCLUDING THE
RIGHT TO RECOVER BASE RENT, ADDITIONAL RENT AND OTHER CHARGES PAYABLE HEREUNDER
AS THEY BECOME DUE.
ACTS OF MAINTENANCE OR PRESERVATION, EFFORTS TO RELET THE
PREMISES OR THE APPOINTMENT OF A RECEIVER UPON LANDLORD'S INITIATIVE TO PROTECT
ITS INTEREST UNDER THIS LEASE SHALL NOT CONSTITUTE A TERMINATION OF TENANT'S
RIGHT TO POSSESSION.
(E)
THE RIGHT AND POWER, AS ATTORNEY-IN-FACT FOR TENANT, TO SUBLET THE
PREMISES, TO COLLECT RENTS FROM ALL SUBTENANTS AND TO PROVIDE OR ARRANGE FOR THE
PROVISION OF ALL SERVICES AND FULFILL ALL OBLIGATIONS OF TENANT UNDER ANY
PERMITTED SUBLEASES.
LANDLORD IS HEREBY AUTHORIZED ON BEHALF OF TENANT, BUT
SHALL HAVE ABSOLUTELY NO OBLIGATION, TO PROVIDE SUCH SERVICES AND FULFILL SUCH
OBLIGATIONS AND TO INCUR ALL SUCH EXPENSES AND COSTS AS LANDLORD DEEMS
NECESSARY.
LANDLORD IS HEREBY AUTHORIZED, BUT NOT OBLIGATED, TO RELET THE
PREMISES OR ANY PART THEREOF ON BEHALF OF TENANT, TO INCUR SUCH EXPENSES AS MAY
BE NECESSARY TO EFFECT A RELET AND MAKE SAID RELET FOR SUCH TERM OR TERMS, UPON
SUCH CONDITIONS AND AT SUCH RENTAL AS LANDLORD IN ITS REASONABLE DISCRETION MAY
DEEM PROPER.
TENANT SHALL BE LIABLE IMMEDIATELY TO LANDLORD FOR ALL COSTS AND
EXPENSES LANDLORD INCURS IN RELETTING THE PREMISES INCLUDING, WITHOUT
LIMITATION, BROKERS' COMMISSIONS, EXPENSES OF REMODELING THE PREMISES REQUIRED
BY THE RELETTING, AND THE COST OF COLLECTING RENTS AND FULFILLING THE
OBLIGATIONS OF TENANT TO ANY SUBTENANT.
IF LANDLORD RELETS THE PREMISES OR ANY
PORTION THEREOF, SUCH RELETTING SHALL NOT RELIEVE TENANT OF ANY OBLIGATION
HEREUNDER, EXCEPT THAT LANDLORD SHALL APPLY THE RENT OR OTHER PROCEEDS ACTUALLY
COLLECTED BY IT AS A RESULT OF SUCH
44
RELETTING AGAINST ANY AMOUNTS DUE FROM TENANT HEREUNDER TO THE EXTENT THAT SUCH
RENT OR OTHER PROCEEDS COMPENSATE LANDLORD FOR THE NONPERFORMANCE OF ANY
OBLIGATION OF TENANT HEREUNDER.
SUCH