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.
C.
(I) THE MAKING BY TENANT OF ANY GENERAL ARRANGEMENT OR ASSIGNMENT
FOR THE BENEFIT OF CREDITORS; (II) THE FILING BY TENANT OF A VOLUNTARY PETITION
IN BANKRUPTCY UNDER TITLE
21
11 U.S.C. OR THE FILING OF AN INVOLUNTARY PETITION AGAINST TENANT WHICH IS NOT
DISMISSED WITHIN SIXTY (60) DAYS AFTER FILING; (III) THE APPOINTMENT OF A
TRUSTEE OR RECEIVER TO TAKE POSSESSION OF SUBSTANTIALLY ALL OF TENANT'S ASSETS
LOCATED AT THE DEMISED PREMISES OR OF TENANT'S INTEREST IN THIS LEASE; OR
(IV) THE ATTACHMENT, EXECUTION OR OTHER JUDICIAL SEIZURE OF SUBSTANTIALLY ALL OF
TENANT'S ASSETS LOCATED AT THE DEMISED PREMISES OR OF TENANT'S INTEREST IN THIS
LEASE, PROVIDED, HOWEVER, IN THE EVENT THAT ANY PROVISIONS OF THIS SECTION I.C
IS CONTRARY TO ANY APPLICABLE LAW, SUCH PROVISION SHALL BE OF NO FORCE OR
EFFECT.
In the event of any of the foregoing Events of Default, Landlord shall be
entitled, at its election, to exercise concurrently or successively, any one or
more of the following rights and remedies, without any additional notice or
demand whatsoever:
1.
WITHOUT WAIVING SUCH DEFAULT AND WITHOUT RELEASING TENANT FROM
ANY OF ITS OBLIGATIONS UNDER THIS LEASE, TO PAY ANY SUM REQUIRED TO BE PAID BY
TENANT AND WHICH TENANT HAS FAILED TO PAY AND TO PERFORM ANY OBLIGATION REQUIRED
TO BE PERFORMED BY TENANT (AND LANDLORD MAY ENTER THE DEMISED PREMISES FOR SUCH
PURPOSES) FOR THE ACCOUNT OF TENANT, AND ANY AMOUNT SO PAID BY LANDLORD SHALL
BEAR INTEREST THEREON EQUAL TO THE DEFAULT RATE.
ANY AMOUNT OR AMOUNTS PAID BY
LANDLORD FOR THE ACCOUNT OF TENANT FOR THE PERFORMANCE OF ANY OBLIGATIONS
REQUIRED TO BE PERFORMED BY TENANT SHALL BE TREATED AS RENTAL DUE HEREUNDER AND
LANDLORD MAY EXERCISE CONCURRENTLY OR SUCCESSIVELY ANY ONE OR MORE OF THE RIGHTS
AND REMEDIES CONTAINED IN THIS LEASE FOR THE ENFORCEMENT OF THE PAYMENT OF
RENTAL, WHICH OBLIGATIONS OF TENANT SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THIS LEASE.
2.
TO ENJOIN ANY BREACH BY TENANT OF THE COVENANTS HEREOF.
3.
TO BRING SUIT FOR THE COLLECTION OF THE RENTAL OR OTHER AMOUNTS
FOR WHICH TENANT MAY BE IN DEFAULT, OR FOR THE PERFORMANCE OF ANY OTHER COVENANT
DEVOLVING UPON TENANT FOR PERFORMANCE, OR DAMAGES THEREFOR, PLUS, TO THE EXTENT
PERMITTED BY LAW, COSTS AND REASONABLE ATTORNEY FEES, ALL WITHOUT ENTERING INTO
POSSESSION OR TERMINATING THIS LEASE.
4.
TO REENTER THE DEMISED PREMISES, AND TAKE POSSESSION THEREOF,
WITHOUT THEREBY TERMINATING THIS LEASE, AND THEREUPON, TO EXPEL ALL PERSONS AND
REMOVE ALL PROPERTY THEREFROM, AND RELET THE DEMISED PREMISES MAKING REASONABLE
EFFORTS THEREFOR, FOR SUCH PERIODS AND UPON SUCH TERMS ACCORDING TO LANDLORD'S
SOLE DISCRETION, AND RECEIVE THE RENT THEREFROM, APPLYING THE SAME FIRST TO THE
PAYMENT OF THE REASONABLE EXPENSES OF SUCH REENTRY AND THE COST OF SUCH
RELETTING, INCLUDING BUT NOT LIMITED TO THE EXPENSE OF SUCH DECORATIONS,