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 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
45
PAYMENTS BY TENANT SHALL BE DUE AT SUCH TIMES AS ARE PROVIDED ELSEWHERE IN THIS
LEASE, AND LANDLORD NEED NOT WAIT UNTIL THE TERMINATION OF THIS LEASE, BY
EXPIRATION OF THE TERM OR OTHERWISE, TO RECOVER THEM