to be additional rent payable by LESSEE witb the next succeeding installment of rent. No such Act shall constitute a waiver of default or of any remedy for default or render LESSOR liable for any loss or damage resulting from any such Act.
21. REMEDIES IN THE EVENT OF DEFAULT
1f any default by LESSEE shall continue uncured, following notice of default as required by this Agreement, for the period applicable to the default under the applicable provision of this Agreement, LESSOR has the following remedies in addition to all other rights and remedies provided by law or equity, to which LESSOR may resort cumulatively or in the alternative:
A. LE SSOR may, at LESSOR's election, terminate this Agreement by giving LESSEE notice of termination. On the giving of the notice, all LESSEE's right in the Demised Premises and in all improvements shall terminate. Promptly after notice oftennination , LESSEE shall surrender and vacate the Demised Premises and all improvements in broom-clean condition, and LESSOR may re-enter and take possession of the Demised Premises and all remaining improvements and eject all parties in possession or eject some and not others or eject none; provided that no subtenant qualifying wider non-disturbance provisions of this Agreement shall be ejected. Tennination under this paragraph shall not relieve LESSEE from the payment of any sum theo due to LESSOR or from any claim for damages previously accrued or then accruing against LESSEE.
B. LESSOR shall be entitled, at LESSO R's election, to each installment of rent or to any combination of installments for any period before termination, plus interest at the rate of 10 percent per year from the due date of each installment. LESSOR shall make reasonable efforts to m itigate LESSEE's liability under this provision. LESSOR shall be entitled at LESSOR 's election to damages in the following sums: (l) all amounts that would have fallen due as rent between the time of termination of this Agreement and the time of the claim, judgment, or other award, less all amounts by which LESSOR shall reasonably have mitigated those rental losses, plus interest on the balance at the rate of 10 percent per year, and (2) the "w01tb" at the time of the claim, judgment, or other award. of the amount by which the unpaid rent for the balance of the tenn exceeds the then fair rental value of the Demised Premises, or the higher/lower of the fair rental value unencumbered by the Agreement and improvements "Wo,ih'', as used in this provision, is computed by discounting the total at the discount rate of the Federal Reserve Bank of San Francisco at the time of the claim, judgment, or award, plus one percent.
LESSOR shall not be considered to be in default under this Agreement unless (I) LESSEE has given notice specifying the default and (2) LESSOR has failed for IO days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for noncurable defaults.
7 319