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Form51.16 (Rev. 10/14) <br />Page 31 of 35 <br />(d) Remedies <br />In the event of a Default by Lessee and Lessee's failure to cure such Default if such a <br />cure period is applicable, Lessor may at any time and with or without notice do any one <br />or more of the following in addition to any rights or remedies permitted by law: <br />(1)Re-enter the Lease Premises, remove all persons and property, and repossess and <br />enjoy such premises; or <br />(2)Terminate this Lease and Lessee's right of possession of the Lease Premises by any <br />lawful means. The termination shall not relieve Lessee of any obligation, monetary or <br />otherwise, which has accrued prior to the date of termination. Such termination shall <br />be effective upon Lessor's giving written notice and upon Lessee’s receipt of such <br />notice. Lessee shall immediately surrender possession of the Lease Premises to Lessor. <br />Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled <br />pursuant to Section 1951.2 of the California Civil Code, or any other provision of law, <br />including any necessary Repair, renovation, alteration, remediation, or removal of <br />Improvements; or <br />(3)Maintain this Lease in full force and effect and recover any rent, royalty, or other <br />consideration as it becomes due without terminating Lessee's right of possession <br />regardless of whether Lessee shall have abandoned the Lease Premises, subject to the <br />conditions imposed by Cal. Civil Code § 1951.2; or <br />(4)Exercise any other right or remedy which Lessor may have at law or equity. <br />(e)Determination of Rental Value <br />If rent under this Lease is calculated as a percentage of Lessee’s income <br />attributable to the Lease Premises and Lessee abandons the Lease Premises during <br />some or all of the applicable period, then the reasonable rental value shall be the <br />percentage of proceeds Lessor would have received had Lessee operated the Lease <br />Premises in the usual and customary manner. <br />(f)Waiver of Rights <br />The failure or delay of either party to exercise any right or remedy shall not be <br />construed as a waiver of such right or remedy or any Breach by the other party. <br />Lessor’s acceptance of any rent shall not be considered a waiver of any preexisting <br />Breach by Lessee other than the failure to pay the particular rent accepted regardless <br />of Lessor’s knowledge of the preexisting Breach at the time rent is accepted. <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30