RECOVER POSSESSION OF THE PREMISES OR ANY PART THEREOF (AS WELL AS
THE PARKING SPACES LEASED BY TENANT) AND EXPEL AND REMOVE THEREFROM TENANT AND
ANY OTHER PERSON OCCUPYING THE SAME, BY ANY LAWFUL MEANS, AND AGAIN REPOSSESS
AND ENJOY THE PREMISES WITHOUT PREJUDICE TO ANY OF THE REMEDIES THAT LANDLORD
MAY HAVE UNDER THIS LEASE, OR AT LAW OR IN EQUITY BY REASON OF TENANT'S DEFAULT
OR BY REASON OF SUCH TERMINATION.
(B)
EVEN THOUGH TENANT HAS BREACHED THIS LEASE AND/OR ABANDONED THE
PREMISES, THIS LEASE SHALL CONTINUE IN EFFECT FOR SO LONG AS LANDLORD DOES NOT
TERMINATE TENANT'S RIGHT TO POSSESSION UNDER SECTION 14.2(A), AND LANDLORD MAY
ENFORCE ALL OF ITS RIGHTS AND REMEDIES UNDER THIS LEASE, INCLUDING (BUT WITHOUT
LIMITATION) THE RIGHT TO RECOVER RENT AS IT BECOMES DUE, AND LANDLORD, WITHOUT
TERMINATING THIS LEASE, MAY EXERCISE ALL OF THE RIGHTS AND REMEDIES OF A
LANDLORD UNDER SECTION 1951.4 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR
ANY AMENDED OR SUCCESSOR CODE SECTION.
ACTS OF MAINTENANCE OR PRESERVATION,
EFFORTS TO RELET THE PREMISES OR THE APPOINTMENT OF A RECEIVER UPON APPLICATION
OF LANDLORD TO PROTECT LANDLORD'S INTEREST UNDER THIS LEASE SHALL NOT CONSTITUTE
AN ELECTION TO TERMINATE TENANT'S RIGHT TO POSSESSION.
IF, TO THE EXTENT
PERMITTED BY LAW, LANDLORD ELECTS TO RELET THE PREMISES FOR THE ACCOUNT OF
TENANT, THE RENT RECEIVED BY LANDLORD FROM SUCH RELETTING SHALL BE APPLIED AS
FOLLOWS: FIRST, TO THE PAYMENT OF ANY COSTS OF SUCH RELETTING; SECOND, TO THE
PAYMENT OF THE COST OF ANY ALTERATIONS OR REPAIRS TO THE PREMISES; THIRD, TO THE
PAYMENT OF RENT DUE AND UNPAID HEREUNDER; AND THE BALANCE, IF ANY, SHALL BE HELD
BY LANDLORD AND APPLIED IN PAYMENT OF FUTURE RENT AS IT BECOMES DUE.
IF THAT
PORTION OF RENT RECEIVED FROM THE RELETTING WHICH IS APPLIED AGAINST THE RENT
DUE HEREUNDER IS LESS THAN THE AMOUNT OF THE RENT DUE, TENANT SHALL PAY THE
DEFICIENCY TO LANDLORD PROMPTLY UPON DEMAND BY LANDLORD.
SUCH DEFICIENCY SHALL
BE CALCULATED AND PAID MONTHLY.
TENANT SHALL ALSO PAY TO LANDLORD, AS SOON AS
DETERMINED, ANY COSTS AND EXPENSES INCURRED BY LANDLORD IN CONNECTION WITH SUCH
RELETTING OR IN MAKING ALTERATIONS AND REPAIRS TO THE PREMISES, WHICH ARE NOT
COVERED BY THE RENT RECEIVED FROM THE RELETTING.
(C)
SHOULD LANDLORD TERMINATE THIS LEASE PURSUANT TO THE PROVISIONS OF
SECTION 14.2(A), LANDLORD SHALL HAVE ALL THE RIGHTS AND REMEDIES OF A LANDLORD
PROVIDED BY SECTION 1951.2 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY
AMENDED OR SUCCESSOR CODE SECTION.
UPON SUCH TERMINATION, IN ADDITION TO ANY
OTHER RIGHTS AND REMEDIES TO WHICH LANDLORD MAY BE ENTITLED UNDER APPLICABLE
LAW, LANDLORD SHALL BE ENTITLED TO RECOVER FROM TENANT:
(I) THE WORTH AT THE
TIME OF AWARD OF THE UNPAID RENT AND OTHER AMOUNTS WHICH HAD BEEN EARNED AT THE
TIME OF TERMINATION; (II) THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH
THE UNPAID RENT WHICH WOULD HAVE BEEN EARNED AFTER TERMINATION