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(ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of the rental loss that Agency proves could have been reasonably avoided; (iii) the worth at the time of award computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 %) of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Agency proves could be reasonably avoided; (iv) all reasonable legal expenses and other related costs incurred by Lessor following Agency's default; and (v) all reasonable costs incurred by Lessor in reletting the Property. 11.2 Continuation after Default. Even if Agency has breached this Lease and abandoned the Property, Lessor may elect to have this Lease continue in effect for so long as Lessor does not terminate Agency's right to possession, and in such event Lessor may enforce all rights and remedies under this Lease and under Civil Code Section 1951.4, including the right to recover the Rent as it becomes due under this Lease. Acts of maintenance or preservation, efforts to relet the Property, or the appointment of a receiver upon initiative of Lessor to protect Lessor's interest under this Lease shall not constitute a termination of Agency's right to possession. 11.3 Remedies Cumulative. The remedies provided in this Lease are in addition to any other remedies available to Lessor at law, in equity, by statute, or otherwise. 11.4 Right of Lessor to Cure Defaults. If Agency fails to perform any obligation of Agency under this Lease, and such failure continues for thirty (30) days after notice of the failure by Lessor, or such longer period as may be allowed under this Lease, Lessor may, without waiving or releasing Agency form any obligation of Agency, make payment or perform other acts required by this Lease on Agency's behalf. All sums paid by Lessor and all necessary incidental costs shall be payable to Lessor on demand and shall constitute additional Rent under this Lease. ARTICLE XII EMINENT DOMAIN If all or any part of the Property is taken through eminent domain, this Lease shall terminate for the part taken as of the date of taking. For a partial taking, either Lessor or Agency shall have the right to terminate this Lease for the balance of the Property by notice to the other within thirty (30) days after the taking. However, Lessor's or Agency's right to terminate arises only if the portion of the Property taken substantially handicaps, impedes, or impairs the use of the balance of the Property. In the event of any taking, compensation due far such taking shall be allocated as provided in the California Eminent Domain Law. In the event of a partial taking of the Property that does not result in a termination of this Lease, the subsequent monthly rental shall be equitably reduced. ARTICLE XIII GENERAL PROVISIONS 13.1 No Waiver. The waiver by either party of any agreement, condition, or provision contained in this Lease shall not be deemed to be a waiver of any subsequent breach of the 1137220-3 9