Common use of REMEDIES IN DEFAULT Clause in Contracts

REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____ (a) Terminate Tenant’s right to possession of the premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten percent (10%) per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a), or proceeding under Article 12.2(b). (b) Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state in which the Premises are located.

REMEDIES IN DEFAULT. No such default or breach shall relieve Tenant or Tenant's liabilities and obligations under this Lease whether or not the Premises shall be relet. In any such event Tenant shall pay Landlord the base and additional rent and all of other sums required to be paid by Tenant up to the time of such event. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) Terminate Tenant’s 's right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord it may incur by reason of Tenant’s default, 's default including, but not limited to, the cost of recovering possession of the Premises; , expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney attorneys' fees, and any real estate commission actually paid; , the worth at difference between the time base rent and additional rent reserved in this Lease from the date of award by such default or breach to the court having jurisdiction thereof date of the amount by which the unpaid rent for the balance expiration of the term after hereof as renewed and extended and the time then fair and reasonable rental value of such award exceeds the amount of such rental loss Premises for the same period that Tenant proves could be reasonably avoided; period, and that portion of the leasing commission paid by Landlord and applicable to the unexpired term of this Lease, all of which amount shall be immediately due and payable from Tenant to Landlord. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten twelve percent (1012%) per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a), or proceeding under Article 12.2(b). (b) Maintain Landlord, as agent for Tenant’s right , may immediately re-enter the Premises and take possession thereof and all permanent improvements thereon and remove or put out Tenant or any other persons who may be thereon by force, summary action or otherwise together with all personal property found therein and such property may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, all without service or notice and make such alterations and repairs as may be necessary in order to possessionrelet the Premises, and relet the Premises or any part thereof, or said Premises with additional Premises, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in which case this Lease its sole discretion may deem advisable; upon each such reletting all rentals received by Landlord from such reletting shall continue be applied, first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord, second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorneys' fees and of costs of such alterations and repairs, third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in effect whether payment of future rent or not damage as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall have abandoned pay any such deficiency to landlord, the Premisessame to be calculated and paid monthly. In No such event, re-entry or taking possession of the Premises by Landlord shall be entitled construed as an election of its part to enforce all terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. If Tenant shall after default voluntarily give up possession to Landlord’s , deliver to Landlord the keys to the Premises, or both, such actions shall be deemed to be in compliance with Landlord's rights and the acceptance thereof by Landlord shall not be deemed to constitute a surrender of the leased Premises. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of Tenant's default, as provided in subparagraph (a) hereof. In case suit shall be brought for recovery of possession of the Premises, for the recovery of rent, damages or other amount due under the provisions of this Lease, including or because of the right to recover the rent as it becomes due hereunder. (c) Pursue breach of any other remedy now covenant herein contained on the part of Tenant to be kept or hereafter available performed, and a breach shall be established, Tenant shall pay to Landlord under the laws or judicial decisions all expenses incurred therefor, including reasonable attorneys' fees. Landlord shall not be obligated to notify Tenant of the state in which due date of rent nor demand payment thereof on its due date, the Premises are locatedsame being expressly waived by Tenant. The acceptance of any sums of money from Tenant after the expiration of any three (3) day or thirty (30) day notice as above provided shall be taken to be a payment on account by Tenant and shall not constitute a waiver by Landlord or any rights, nor shall it reinstate the Lease or cure a default on the part of Tenant.

REMEDIES IN DEFAULT. In the event of any such default or breach ------------------- by Tenant, Landlord may may, SUBJECT TO APPLICABLE LAW, at any time thereafter, with ----------------------------- or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) Terminate Tenant’s 's right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant tenant all damages incurred by Landlord by reason of Tenant’s 's default, including, including but not limited to, : (i) the cost of recovering possession of the Premises; and (ii) expenses of reletting, including necessary renovation and alteration of the Premises, ; and (iii) reasonable attorney attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from ; and (iv) the date due worth at the rate time of ten percent award determined by the court having jurisdiction thereof, of the unpaid rent that had been earned at the time of termination of this Lease; and (10%v) per annumany other amount, and court costs necessary to compensate Landlord for all detriment proximately caused by Tenant's default. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (1) retaking possession of the Premises, taking possession of all personal property remaining in the Premises and recovering from Tenant the amount specified in this Article 12.2(a14.2(a) and 14.2(d), or (2) proceeding under Article 12.2(b14.2(b). As used in this Paragraph, the term "the worth at the time of award" is to be computed by discounting the total rent payable by the amount of the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). (b) Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord’s 's rights and remedies under this Lease, Lease including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state in which the Premises are located. (d) Any rent or other charge that is not paid when due shall bear interest from the date due until paid at the rate of sixteen (16%) per annum; provided, however, that in no event shall such rate to be charged Tenant exceed the rate otherwise permitted by law.

REMEDIES IN DEFAULT. A. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, in its sole discretion, with or without notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (ai) Terminate Tenant▇▇▇▇▇▇’s right to possession of the premises Leased Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Leased Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages expenses incurred by Landlord by reason of Tenant’s default, default including, but not limited to, : the cost of recovering possession of the Leased Premises; , cleaning and repairs to the Leased Premises necessitated by ▇▇▇▇▇▇’s tenancy, expenses of reletting, including necessary renovation and alteration of the Leased Premises, reasonable attorney fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent base rental for the balance of the term Lease Term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the any leasing commission paid by Landlord ▇▇▇▇▇▇▇▇ and applicable to the unexpired term of this Lease; and reasonable attorney’s fees and court costs. Unpaid installments of rent or other sums due under this Article shall bear interest from the date due at the rate of ten percent fifteen (1015%) per annum. In percent or the event Tenant shall have abandoned the Premises, Landlord shall have maximum legal rate at the option of retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a), or proceeding under Article 12.2(b)Landlord. (bii) Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Leased Premises. In such event, event Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the minimum base rent and any other charges as it becomes may become due hereunder.; or (ciii) To maintain an action for specific performance by Tenant of the lease terms and provisions, whether or not Tenant has taken possession of the Leased Premises; or (iv) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state in which the Premises are locatedState of [STATE].

REMEDIES IN DEFAULT. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any a right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) a. Terminate Tenant’s 's right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such an event Landlord shall be entitled to recover from Tenant tenant all damages incurred by Landlord by reason of Tenant’s default, 's default including, but not limited to, to the cost of recovering possession of the Premises; expenses of off reletting, including necessary renovation and alteration of the Premises, reasonable attorney attorney's fees, and any real estate commission commissions actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the maximum rate of ten percent (10%) per annumannum permitted by law. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of retaking (a) taking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a)paragraph, or proceeding under Article 12.2(b). (b) proceeding under the provisions of the following Article 23. b. Maintain Tenant’s 's right to possession, possession in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, event Landlord shall be entitled to enforce all of Landlord’s 's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions decision of the state State in which the Premises premises are located.

REMEDIES IN DEFAULT. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any a right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) 25.a. Terminate Tenant’s 's right to possession of the premises Premises by any lawful means, means in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, 's default including, but not limited to, the cost of recovering possession of the Premises; , expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten percent (10%) per annum. In the event Tenant shall have abandoned the Premisespremises, Landlord shall have the option of retaking (a) taking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a)paragraph, or proceeding under Article 12.2(b). (b) proceeding under the provisions of the following Article 25.b. 25.b. Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, event Landlord shall be entitled to enforce all of Landlord’s 's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) 25.c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions decision of the state State in which the Premises are located.

REMEDIES IN DEFAULT. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any a right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) 24.a. Terminate Tenant’s 's right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, 's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten percent per cent (10%) per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of retaking (a) taking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a)paragraph, or proceeding under Article 12.2(b). (b) proceeding under the provisions of the following Article 24. 24.b. Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, event Landlord shall be entitled to enforce all of Landlord’s 's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) 24.c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions decision of the state State in which the Premises are located.

REMEDIES IN DEFAULT. In the event If Tenant fails to pay rent as herein required or to perform any other covenant of any such default or breach by Tenantthis Lease, Landlord may at any time thereafter, with or without notice or demand re-enter and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____ (a) Terminate Tenant’s right to possession of the premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender take possession of the Premises to and shall have all the rights of a Landlord under the Laws of the state of Washington. Notwithstanding such retaking of possession by Landlord, Tenant shall remain liable for the rental for the balance of the term. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including, but not limited to, the cost of recovering Upon re-entering and taking possession of the Premises; expenses of reletting, including necessary renovation and alteration of the PremisesLandlord has several alternative options. The Landlord may elect: 1. To terminate/cancel the Lease, reasonable attorney fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by in which event the unpaid rent for the balance of the term after rental period if it is greater than the time present reasonable rental value of such award exceeds the Premises in the market place shall be due and owing to the Landlord by the Tenant, or; 2. The Landlord may re-lease the Premises without terminating the Lease. The Landlord has the option to re-lease all or any part of the Premises that the Landlord is able to re-lease and which is deemed advisable in the opinion of the Landlord to re-lease. Upon any re-leasing of the property any and all rents received shall be accounted to for the Tenant. The Tenant shall be responsible for any differences between any rental amount collected by the Landlord on re-leasing the Premises and the rental rate of the Tenant under the Lease in determining the amount due. The Landlord may deduct from any rental amount the following associated expenses in releasing the Premises. (a) Any necessary renovations and alterations of such rental loss the Premises; (b) Reasonable attorney's fees incurred in re-leasing the Premises; (c) Any real estate leasing commissions paid on re-leasing the space. DB DG -------- ------ LANDLORD TENANT The Tenant shall be responsible for payment to the Landlord monthly, any deficiency between the net amount received by the Landlord for the same period that Tenant proves could be reasonably avoided; re-lease and that portion of the leasing commission paid original lease amount agreed upon by Landlord applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten percent (10%) per annumTenant. In the event Tenant shall have abandoned of re-entry or taking possession of the Premises, Landlord shall have the option of retaking possession of right but not the Premises obligation to remove therefrom all property located therein and recovering from Tenant may store the amount specified same in this Article 12.2(a), or proceeding under Article 12.2(b). (b) Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of any place selected by Landlord’s rights and remedies under this Lease, including but not limited to a public warehouse at the expense and risk of Tenant thereof with the right to recover sell such property without notice to Tenant after it has been stored for a period of thirty (30) days. The proceeds of such sale shall be applied first to the rent as it becomes due hereunder. (c) Pursue cost of sale, second to the payment of storage charges, and third to the payment of any other remedy now or hereafter available sums which may then be due to Landlord under the laws or judicial decisions of the state in which the Premises are locatedfrom Tenant, with any balance to be paid to Tenant.

REMEDIES IN DEFAULT. In the event of any such default or breach by TenantTenant which continues uncured after the expiration of any applicable grace period, Landlord may at any time thereafter, with or without notice or demand (which notice requirement may be satisfied by the provision of notice of default from Landlord to Tenant as set forth in Section 23, above, but only if such notice includes a statement notifying Tenant that failure to cure such default within the applicable grace period will result the exercise of one of Landlord's remedies in default as set forth below), and without limiting Landlord in the exercise of any a right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) a. Terminate Tenant’s 's right to possession of the premises Premises by any lawful and peaceful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, 's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary and reasonable expenses incurred in connection with renovation and alteration of the Premises, reasonable attorney attorneys' fees, and any real estate commission actually paidpaid (which shall be limited to (a) the real estate commission due under the remaining term of the Lease and (b) real estate commission due in connection with reletting the Premises, provided, however, that Tenant shall only be responsible for item (a) until such time as the Premises are re-let and thereafter shall be responsible for item (b) for the time which would have encompassed the remaining term of this Lease, if it had remained in effect); the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent Rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; , with the resulting figure discounted to present value using the Discount Rate provided in the following sentence (and defined therein). For any sums discounted to present value pursuant to the preceding sentence, it is agreed that portion the discount rate used shall be the average of three (3) rates of interest given on high-balance savings accounts, as the leasing commission paid same existed on the date of award by the court, which rates shall be determined by Landlord applicable to selecting three (3) national or regional banks operating within Boulder County and taking the unexpired term average of those three (3) rates. The resultant rate shall be known as the Discount Rate for purposes of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten twenty percent (1020%) per annum. In the event Tenant shall have abandoned the PremisesPremises without payment of rent, Landlord shall have the option of retaking (a) taking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a)Section, or proceeding under Article 12.2(b). (b) proceeding under the provisions of the following Section 24.b. b. Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord’s 's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions decision of the state State in which the Premises are located. Despite any other provision of this Lease to the contrary, Landlord shall have an obligation to mitigate Landlord's damages.

REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) Terminate Tenant’s 's right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, 's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, ; reasonable attorney fees, attorney's fees and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the unpaid rent that had been earned at the time of termination of the Lease; the worth at the time of award by the court of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental the loss for the same period of rent that Tenant proves could be reasonably have been reasonable avoided; and that portion of the leasing commission paid by Landlord applicable to the unexpired term of this Lease. , Unpaid installments of rent or other sums shall bear interest from the due date due at the rate of ten percent (10%) percent per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of either retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a), Paragraph 14.2 (a) or proceeding under Article 12.2(bParagraph 14.2 (b). (b) Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, event Landlord shall be entitled to enforce all of Landlord’s 's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder., (c) Pursue any other remedy now or hereafter hereunder available to Landlord under the laws or judicial decisions of the state in which the Premises are located.

REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may exercise any one or more of the following remedies at any time thereafterafter such default or breach, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____. (a) Terminate Tenant’s right to possession of the premises by any lawful means, this Lease Agreement in which case this Lease shall terminate and event Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten percent (10%) per annum. In the event if Tenant shall have abandoned the Premisesfail so to do, Landlord shall have the option of retaking may, subject to applicable law, without notice and without prejudice to any other remedy for possession or arrearages in rent, enter upon and take possession of the Premises and recovering from expel or remove Tenant and its effects, without being liable to prosecution or any claim for damages for taking such actions; and Tenant agrees to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such termination, whether through inability to relet the amount specified in this Article 12.2(a)Premises on satisfactory terms, or proceeding under Article 12.2(b)through decrease in rent or otherwise, provided, however, that in no event shall Tenant's liability hereunder exceed the entire amount of rent which would have become due and payable during the remainder of the term of this Lease, and provided further, that Landlord shall have a duty to mitigate damages to the extent reasonably practicable. (b) Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.[INTENTIONALLY OMMITTED] (c) Pursue Subject to applicable law, enter upon and take possession of the Premises as the agent of Tenant, without being liable to prosecution or any claim for damages for taking such actions, and Landlord may relet the Premises as the agent of the Tenant and receive the rent, and in such event, Tenant shall pay Landlord the cost of renovating, repairing and altering the Premises for a new tenant or tenants and any deficiency that may arise by reason of such reletting, on demand at the address of Landlord specified in this Lease; provided however, the failure of Landlord to relet the Premises after taking reasonably practicable measures to do so, shall not release or affect Tenant's liability for rent or for damages and such rent and damages shall be paid by Tenant on the dates specified in this Lease. (d) Landlord may, as agent of Tenant, do whatever Tenant is obligated to do by the provisions of this Lease and may enter the Premises, by force if necessary, without being liable to prosecution or any claim for damages for same in order to accomplish this purpose. Tenant agrees to reimburse Landlord immediately upon demand for any expenses which Landlord may incur in thus effecting compliance with this Lease on behalf of Tenant, and Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action, whether caused by the negligence of Landlord or otherwise. Pursuit of any of the remedies set forth above shall not preclude pursuit of any of the other remedies provided in this Lease or any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state in which the Premises are locatedremedies provided by law.

REMEDIES IN DEFAULT. No default or breach by the Landlord shall relieve Tenant of Tenant's liabilities and obligations under this Lease whether or not the Premises shall be relet. In the event of any such default or breach by Tenant, Landlord may may, at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) Terminate Tenant’s 's right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord it may incur by reason of Tenant’s default, 's default including, but not limited to, the cost of recovering possession of the Premises; , expenses of reletting, including reasonably necessary renovation and alteration of the Premises, reasonable attorney attorneys' fees, and any real estate commission actually paid; , the worth at difference between the time Base Rent and Additional Rent reserved in this Lease from the date of award by such default or breach to the court having jurisdiction thereof date of the amount by which the unpaid rent for the balance expiration of the term after hereof as renewed and extended and the time then fair and reasonable rental value of such award exceeds the amount of such rental loss Premises for the same period that Tenant proves could be reasonably avoided; period, and that portion of the leasing commission paid by Landlord and applicable to the unexpired term of this Lease, all of which amount shall be immediately due and payable from Tenant to Landlord. Unpaid installments of rent Rent or other sums shall bear interest from the date due at the rate of ten eighteen percent (1018%) per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a), or proceeding under Article 12.2(b). (b) Maintain Landlord, as agent for Tenant’s right , may immediately re-enter the Premises and take possession thereof and all permanent improvements thereon and remove or put out Tenant or any other persons who may be thereon by force, summary action or otherwise together with all personal property found therein and such property may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, all without service or notice and make such alterations and repairs as may be necessary in order to possessionrelet the Premises, and relet the Premises or any part thereof, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the term of this Lease) and at such rent or rentals and upon such other terms and conditions as Landlord, in which case this Lease its sole discretion, may deem advisable; upon each such reletting, all rentals received by Landlord from such reletting shall continue be applied, first to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord, second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorneys' fees and of costs of such alterations and repairs, third, to the payment of Rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in effect whether payment of future Rent or not damage as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall have abandoned pay any such deficiency to Landlord, the Premisessame to be calculated and paid monthly, along with interest at eighteen percent (18%) per annum until paid in full. In No such event, re-entry or taking possession of the Premises by Landlord shall be entitled construed as an election on its part to enforce all terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. If Tenant shall, after default, voluntarily give up possession to Landlord’s , deliver to Landlord the keys to the Premises, or both, such actions shall be deemed to be in compliance with Landlord's rights and the acceptance thereof by Landlord shall not be deemed to constitute a surrender of the leased Premises. Notwithstanding any such reletting without termination, Landlord may, at any time thereafter, elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of Tenant's default, as provided in subparagraph (a) hereof. Notwithstanding anything set forth in Section 28(k) of this Lease to the contrary, if Landlord shall bring suit for recovery of possession of the Premises, for the recovery of Rent, damages or other amount due under the provisions of this Lease, including or because of the right to recover the rent as it becomes due hereunder. (c) Pursue breach of any other remedy now covenant herein contained on the part of Tenant to be kept or hereafter available performed, then Tenant shall pay to Landlord under the laws or judicial decisions all expenses incurred therefor, including reasonable attorneys' fees. Landlord shall not be obligated to notify Tenant of the state in which due date of Rent nor demand payment thereof on its due date, the Premises are locatedsame being expressly waived by Tenant. The acceptance of any sums of money from Tenant after the expiration of any notice and cure period as provided above shall be taken to be a payment on account by Tenant and shall not constitute a waiver by Landlord of any rights, nor shall it reinstate the Lease or cure a default on the part of Tenant.

REMEDIES IN DEFAULT. In the event of any such material default or breach by TenantLessee, Landlord Lessor may at any time thereafter, with or without notice or demand and without limiting Landlord Lessor in the exercise of any right or remedy which Landlord Lessor may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) 24.a. Terminate Tenant’s Lessee's right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate and Tenant Lessee shall immediately surrender possession of the Premises to LandlordLessor. In such event Landlord Lessor shall be entitled to recover from Tenant Lessee all damages incurred by Landlord by reason of Tenant’s default, including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant Lessee proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord Lessor and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten percent (10%) percent per annum. In the event Tenant Lessee shall have abandoned the Premises, Landlord Lessor shall have the option of retaking (a) taking possession of the Premises and recovering from Tenant Lessee the amount specified in this Article 12.2(a)paragraph, or proceeding under Article 12.2(b). (b) proceeding under the provisions of the following Article 25.b. 24.b. Maintain Tenant’s Lessee's right to possession, in which case this Lease shall continue in effect whether or not Tenant Lessee shall have abandoned the Premises. In such event, Landlord event Lessor shall be entitled to enforce all of Landlord’s rights Lessor's right and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) 24.c. Pursue any other remedy now or hereafter available to Landlord Lessor under the laws or judicial decisions decision of the state State in which the Premises are located.

REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____ (a) Terminate Tenant’s right to possession Upon the occurrence of the premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession an Event of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten percent (10%) per annum. In the event Tenant shall have abandoned the PremisesDefault, Landlord shall have the option to take any one or more of retaking the following actions without notice or demand, in addition to and not in limitation of any other remedy permitted by law or by this Lease. (i) Terminate this Lease, at which time Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to do so, Landlord may expel or remove Tenant and its property and retake possession of the Premises without liability for any prosecution or any claim for damages by reason of such re-entry. Tenant further agrees to indemnify Landlord for all loss and recovering from damage suffered by Landlord by reason of such termination, including loss of Rent for the remainder of the Term. (ii) Enter upon and take possession of the Premises as Tenant's agent without terminating this Lease and without liability to prosecution of any claim for damages by reason of such re-entry, and relet the Premises as Tenant's agent and receive rent for such reletting. Tenant agrees to pay to Landlord on demand for any costs incurred by Landlord through such reletting, including costs of renovating or repairing the Premises for a new tenant and for any deficiency that may arise between the amount specified of rent due for the remainder of the Term and that received by Landlord from reletting the Premises. (iii) Landlord may do whatever Tenant is obligated to do under the terms of this Lease and in order to accomplish this Article 12.2(a)purpose Landlord may enter the Premises without liability to prosecution or any claim for damages arising from Landlord's entering the Premises to satisfy Tenant's obligations under this Lease. Tenant shall reimburse Landlord for any expenses Landlord may incur in effecting compliance with this Lease on Tenant's behalf. Tenant further agrees that Landlord shall not be liable for any damages which may result to Tenant from such action by Landlord, whether caused by Landlord's negligence or proceeding under Article 12.2(b)otherwise. (b) Maintain Tenant’s right to possessionIn the event of any termination of this Lease, in which case Tenant shall pay the Base Rent, Additional Charges, Taxes, Expenses and all other amounts payable under this Lease shall continue up to the time of such termination, and thereafter Tenant, until the end of what would have been the Term in effect the absence of such termination, and whether or not the Premises shall have been relet, shall be liable to Landlord for, and shall pay to Landlord, as liquidated current damages, the Base Rent, Additional Charges, Taxes, Expenses and all other amounts payable under this Lease had such termination not occurred, less the net proceeds, if any, of any reletting of the Premises, after deducting all expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, advertising and marketing costs, expenses of employees, and expenses of preparation for such reletting. Tenant shall have abandoned pay such current damages to Landlord monthly on the Premises. In such eventdays on which the Base Rent, Landlord shall be entitled to enforce Additional Charges, Taxes, Expenses and all of Landlord’s rights and remedies other amounts payable under this Lease, including the right to recover the rent as it becomes due hereunderLease which would have been payable had this Lease not been terminated. (c) Pursue At any other remedy now time after the termination of this Lease, whether or hereafter available not Landlord shall have collected any current damages pursuant to Section 24(b), as liquidated final damages, and in lieu of all current damages payable by Tenant pursuant to Section 24(b) thereafter, at Landlord's election, Tenant shall pay to Landlord under an amount which at the laws or judicial decisions time of such election represents the then value of the state in excess, if any, of (1) the Base Rent, Additional Charges, Taxes, Expenses and all other amounts payable under this Lease which would have been payable by Tenant (conclusively presuming the annual payments with respect to Base Rent, real estate taxes and expense escalation obligations to be the same as were payable for the preceding year) for the period commencing with the date of Landlord's election and ending with the date contemplated as the expiration date hereof if this Lease had not so terminated, over (2) the aggregate fair market rental value of the Premises are locatedfor the same period. 25.

REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) Terminate Tenant’s 's right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s 's default, including, but including be not limited to, : (i) the cost of recovering possession of the Premises; and (ii) expenses of reletting, including necessary renovation and alteration of the Premises, ; and (iii) reasonable attorney attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; , and that portion of the leasing commission commission, if any, paid by Landlord pursuant to Article 18 applicable to the unexpired term of this Lease; and (iv) the worth at the time of award of the unpaid Base Rent and Additional Rent that had been earned at the time of termination of this Lease; and (v) the worth at the time of award of the amount by which the unpaid Base Rent and Additional Rent that could have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of rental that Tenant proves could have been reasonably avoided; and (vi) the worth at the time of award of the amount by which the unpaid Base Rent and Additional Rent that could have been earned for the balance of the term of this Lease after the time of award exceeds the amount of the loss of Base Rent that Tenant proves could have been reasonably avoided; and (vii) any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. Unpaid installments of rent Base Rent or other sums Additional Rent shall bear interest from the date due at the rate of ten percent (10%) per annumInterest Rate. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of (1) retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a), 14.2(a) or (2) proceeding under Article 12.2(barticle 14.2(b). As used in this paragraph, the term "the worth at the time of award" is to be computed by discounting the amount of award by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). (b) Maintain Tenant’s 's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord’s 's rights and remedies under this Lease, Lease including the right to recover the rent Base Rent and Additional Rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state in which the Premises are locatedState of California.

REMEDIES IN DEFAULT. In the event of any such default or breach by TenantDefault as provided in Section 20 above, Landlord may at shall have the following remedies, in addition to any time thereafter, with other rights or without notice or demand and without limiting Landlord in the exercise of any right or remedy remedies which Landlord may have by reason of such default Default, and in addition to any other right or breach: INDUSTRIAL LEASE - 8 remedy Landlord - initial _____ may have at law or in equity: A. Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____ (a) Terminate Tenant’s shall have the right to possession cancel and terminate this Lease by written notice to Tenant and all of the premises right, title and interest of Tenant hereunder, but not Tenant's liability, shall terminate in the same manner and with the same force and effect as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. B. Landlord may elect, but shall not be obligated, to make any payment required of Tenant herein or comply with any agreement, term, or condition required hereby to be performed by Tenant, and Landlord shall have the right to enter the Premises for the purpose of correcting or remedying any lawful meanssuch Default and to remain until the Default has been corrected or remedied, but any expenditure for the correction by Landlord shall not be deemed to waive or release the Default of Tenant or the right of Landlord to take any action as may be otherwise permissible hereunder in the case of any Default. C. Landlord may re‑enter the Premises immediately and remove the property and personnel of Tenant (1) store the property in a public warehouse or at a place selected by Landlord, at the expense of Tenant or (2) dispose of and/or sell such property and apply the proceeds there from pursuant to applicable Virginia law, all as attorney-in-fact for Tenant. After re‑entry Landlord may terminate this Lease by giving five (5) days written notice of termination to Tenant. Without notice, re‑entry will not terminate this Lease. D. After re‑entry, Landlord may relet the Premises or any part thereof for any term without terminating this Lease, at such rent and on such terms as Landlord may choose. Landlord may make alterations and repairs to the Premises. If the Premises are relet as provided herein, in which case addition to Tenant's liability to Landlord for breach of this Lease, Tenant shall be liable for all expenses of the reletting, for the alterations and repairs made, and for the difference between the rent received by Landlord under the new lease and the rent installments that are due for the same period under this Lease. E. Landlord shall apply the rent received from reletting the Premises (l) to reduce the indebtedness of Tenant to Landlord under this Lease, not including indebtedness for Rent, (2) to expenses of the reletting and alterations and repairs made, (3) to Rent due under this Lease, or (4) to payment of future rent under this Lease shall terminate and as it becomes due. F. In the event of termination or repossession following a Default, Tenant shall immediately surrender possession pay to Landlord the amount of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, Rent and Additional Rent (including, but not limited to, the cost of recovering possession reasonable attorneys' fees and costs incurred by Landlord) due through the earlier of the Premises; expenses date of relettingtermination or repossession. G. After termination, including necessary renovation Landlord may accelerate all remaining Rent and alteration additional payments due hereunder (“Accelerated Rent”) and Tenant shall pay to Landlord, on demand, the Accelerated Rent which shall be calculated as the present cash value (using an annual discount rate of 3%) on the date of demand of the PremisesRent and additional amounts which would have been payable from the date of termination for what would have been the unexpired Term if it had not been terminated, reasonable attorney feesplus the Rent and additional payments due through the date of termination, and which remain unpaid. For the purposes of this calculation, future additional payments shall include any amounts which Tenant is obligated to pay under the Lease, including, but not limited to real estate commission actually paid; the worth taxes, utilities and insurance, which shall be calculated at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the rate of ten percent (10%) per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a), or proceeding under Article 12.2(b). (b) Maintain Tenant’s right to possession, in which case this Lease shall continue additional payments in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled prior to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunderTenant's Default. (c) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state in which the Premises are located.

REMEDIES IN DEFAULT. In the event of any such default or breach by Tenantof Tenant which remains uncured after the applicable cure period, Landlord may at any time thereafterhereafter, with or without notice or demand and without limiting Landlord in the exercise of any a right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____: (a) 24.A. Terminate Tenant’s right to possession of the premises Premises by any lawful means, in which case this Lease shall terminate terminate, and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including, but not limited to, : the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, ; reasonable attorney attorney’s fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent Minimum Rent, Adjustments and other charges called for herein fix the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the any leasing commission paid by Landlord and applicable to the unexpired term of this Lease. Unpaid installments of rent Minimum Rent or other sums shall bear interest from the date due at the maximum rate of ten percent (10%) per annum. In the event Tenant shall have abandoned the Premises, Landlord shall have the option of retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a), or proceeding under Article 12.2(b).interest then permitted by law; or (b) 24.B. Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, event Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the rent Minimum Rent and any other charges and Adjustments as it becomes may become due hereunder.; or (c) 24.C. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state State in which the Premises are located.

REMEDIES IN DEFAULT. In the event If an Event of any such default or breach by TenantDefault occurs and continues, Landlord may exercise at its sole option, but is not limited to, any time thereafter, with one or without notice or demand and without limiting Landlord in more of the exercise of any right or remedy which Landlord may have by reason of such default or breach: INDUSTRIAL LEASE - 8 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____following remedies: (a) Terminate Landlord may continue this Lease in full force and effect and not terminate Tenant’s right to possession of the premises Premises. Landlord shall have the right to enforce all rights and remedies granted by this Lease or by law against Tenant, including, without limitation, the right to collect Rent when due, and other sums payable under this Lease; (b) Landlord may terminate ▇▇▇▇▇▇’s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including (i) the worth at the time of the award of the unpaid Rent, Additional Rent and other charges which Landlord would have earned at the time of termination; (ii) the worth at the time of the award of the amount by which the unpaid Rent, Additional Rent and other charges which Landlord would have earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Rent, Additional Rent and other charges which Tenant would have paid for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by ▇▇▇▇▇▇’s failure to perform its obligations under the Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses Landlord incurs in maintaining or preserving the Premises after such default, the cost of recovering possession of the Premises; , expenses of reletting, including necessary renovation and or alteration of the Premises, Landlord’s reasonable attorney feesattorneys’ fees incurred in connection therewith, and any real estate commission actually paid; paid or payable. As used in subparts (i) and (ii) above, the “worth at the time of award the award” is computed by the court having jurisdiction thereof of the amount by which the allowing interest on unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; and that portion of the leasing commission paid by Landlord applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due amounts at the rate of ten percent (10%) per annum, or such lesser amount as may then be the maximum lawful rate. In As used in subpart (iii) above, the event “worth at the time of the award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). If Tenant shall have has abandoned the Premises, Landlord shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Article 12.2(a)Section, or (ii) proceeding under Article 12.2(b10.2 (a). (b) Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.; and (c) Pursue Landlord may pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state in which the Premises are locatedpermitted by law.