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Exhibit A to Lease Assignment and Assumption <br />(v) any other amount, including reasonable attorney's fees and court costs, <br />necessary to compensate Landlord for all detriment proximately caused by <br />Tenant's default; and <br />(vi) if Landlord has financed any tenant improvements and the cost of such <br />improvements is being amortized over a period of time during the Lease <br />term, Landlord may accelerate and declare the entire unreimbursed <br />balance of financed tenant improvement costs immediately due and <br />payable. <br />Unpaid installments of rent or other sums, if not paid within ten (10) days of written notice from <br />Landlord to Tenant, shall bear interest from such date at the rate of TWELVE PERCENT (12%) <br />per annum. In the event Tenant shall have abandoned the Premises and discontinued the <br />payment of rent, Landlord shall have the option of (1) retaking possession of the Premises and <br />recovering from Tenant the amount specified in this Article 16.2.1, or (2) proceeding under <br />Article 16.2.2. As used in this paragraph, the term "the worth at the time of award" is to be <br />computed by discounting by the amount of the discount rate of the Federal Reserve .Bank of San <br />Francisco at the time of the award, plus one percent (1%). <br />16.2.2 Maintain Tenant's right to possession, in which case this Lease <br />shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, <br />Landlord shall be entitle to all of Landlord's rights and remedies under this Lease including the <br />right to recover the rent as it becomes due hereunder. <br />16.2.3 Pursue any other remedy now or hereafter available to Landlord <br />under the laws or judicial decisions of the State in which the Premises are located. <br />16.3 LateCbares. In addition to all other remedies available for <br />nonpayment, if the amount due from the Tenant is not received by the Landlord on or before the <br />tenth (10th) day following the date upon which suchamount is due and payable, a late charge of <br />five percent (5%) of said amount owed shallbecome due and payable as additional rent <br />hereunder, which represents a fair and reasonable estimate of the processing and accounting <br />costs that Landlord will incur by reason of such late payment. <br />17. Default by Landlord. In the event that Tenant believes Landlord to be in default <br />with regard to performance of its obligations hereunder, Tenant shall give Landlord thirty (30) <br />days' written notice specifying the default, during which time Landlord shall have the <br />opportunity to cure the default. Provided, however, if Landlord's obligation is such that more <br />than thirty (30) days are required for its performance, Landlord shall not be deemed to be in <br />default if it commences such performance within such thirty (30) day period and diligently <br />prosecutes the same to completion. In no event shall Tenant setoff rent or pursue any other <br />rights or remedies which may otherwise be available on account of Landlord's default, until <br />Landlord has been given the cure opportunity specified above. <br />12 <br />Initial <br />Initial <br />