AND ADDITIONAL RENT WOULD HAVE BECOME DUE AND PAYABLE HAD THIS
LEASE NOT TERMINATED.
TENANT CONSENTS THAT LANDLORD SHALL BE ENTITLED TO
INSTITUTE SEPARATE SUITS OR ACTIONS OR PROCEEDINGS FOR THE RECOVERY OF SUCH
AMOUNT OR AMOUNTS, AND TENANT HEREBY WAIVES THE RIGHT TO ENFORCE OR ASSERT THE
RULE AGAINST SPLITTING A CAUSE OF ACTION AS A DEFENSE THERETO.
LANDLORD, AT ITS
ELECTION, WHICH SHALL BE EXERCISED BY GIVING NOTICE TO TENANT, MAY RECOVER FROM
TENANT AND
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Tenant shall pay, in lieu of the sums becoming due under the foregoing
provisions of this Section 19.4(b), an amount equal to the excess of (i) Fixed
Net Rent and Additional Rent which would have become due and payable had this
Lease not terminated (from the date of the giving of such notice to the end of
the then term of this Lease) over (ii) the fair and reasonable rental value (at
the date of the giving of the notice) of the Leased Premises for the same
period, both discounted to the date of the giving of such notice, at the rate of
six percent (6%) per annum.
SECTION 19.5.
TENANT, FOR ITSELF AND FOR ALL PERSONS CLAIMING THROUGH OR UNDER
IT, HEREBY WAIVES ANY AND ALL RIGHTS WHICH ARE OR MAY BE CONFERRED UPON TENANT
BY ANY PRESENT OR FUTURE LAW TO REDEEM THE LEASED PREMISES AFTER ANY TERMINATION
OF THIS LEASE.
SECTION 19.6.
THE WORDS "RE-ENTER" AND "RE-ENTRY" AS USED IN THIS ARTICLE, ARE
NOT RESTRICTED TO THEIR TECHNICAL LEGAL MEANING.
SECTION 19.7.
TENANT HEREBY WAIVES THE SERVICE OF ANY NOTICE IN WRITING BY
LANDLORD OF ITS INTENTION TO RE-ENTER, EXCEPT AS OTHERWISE PROVIDED IN THIS
LEASE.
SECTION 19.8.
THE FOREGOING REMEDIES OF LANDLORD SHALL ALSO BE AVAILABLE TO
LANDLORD PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1951.4 AND ANY SUCCESSOR
STATUTE THEREOF IN THE EVENT TENANT HAS ABANDONED THE LEASED PREMISES.
ARTICLE 20
INSPECTION OF PREMISES BY LANDLORD
SECTION 20.1.
LANDLORD AND THE HOLDER OF ANY MORTGAGE SHALL HAVE THE RIGHT TO
ENTER THE LEASED PREMISES AT ALL TIMES BUT, EXCEPT IN THE CASE OF EMERGENCY,
ONLY AT REASONABLE TIMES DURING USUAL BUSINESS HOURS AND WITHOUT UNREASONABLY
INTERFERING WITH TENANT'S OPERATION OF ITS BUSINESS, FOR THE PURPOSE OF:
(A)
INSPECTING THEM; AND
(B)
MAKING ANY REPAIRS TO THE LEASED PREMISES AND PERFORMING ANY WORK
THEREIN THAT MAY BE NECESSARY BY REASON OF TENANT'S DEFAULT; AND
(C)
EXHIBITING THE LEASED PREMISES FOR THE PURPOSES OF SALE, MORTGAGE
OR RENTING DURING REASONABLE BUSINESS HOURS ON AT LEAST TWO DAYS' NOTICE.
SECTION 20.2.
NOTHING IN THIS LEASE SHALL (A) LIMIT THE RIGHT OF A HOLDER OF A
MORTGAGE TO INSPECT THE LEASED PREMISES, OR (B) IMPLY ANY DUTY UPON LANDLORD TO
DO ANY WORK WHICH, UNDER ANY OF THE PROVISIONS OF THIS LEASE, TENANT MAY BE
REQUIRED TO PERFORM AND THE PERFORMANCE THEREOF BY LANDLORD SHALL NOT CONSTITUTE
A WAIVER OF TENANT'S DEFAULT OR ANY OF LANDLORD'S RIGHTS AND REMEDIES UNDER THIS
LEASE BY REASON THEREOF.
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ARTICLE 21
LIMITATION OF