4929 EVERGREEN WAY 911 DRIVING SCHOOL 2016-01-01 MF Import

f financed any Tenant Improvements and the cost of such improvements is being amortized over a period of time during d�e ]ease term, Landlord may accelerate and declare d�e entire unrcimbursed balance of financed Tenant improvement costs immediately due and payable. Unpaid installments of rent or other sums shall bear interest &om the date due at the rate of EIGHTEEN PERCENT (�8%) per annum (or the maximum legal rate if l�sser and applicable). In tne event Tenant shall have 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 17.2.1, or (2) proceeding under Article 17.2.2. As used in this paragaph, the term "the worth at the time of award" is to be computed by discounting by the amount of the discount rate of the Fcderal Reserve Bank of San Prancisco at the time of die award,plus one percent (1%). shall continue in effectlwl e li r�or not Tenant shall have abandoned theiPrem sescaln suhch event Landlord shall be entitle to all of Landlord's rights and remedies under this Lease including the right to recover the rent as it becomes due hereunder. 17.2.3 Pursue any o[her remedy now or hereafler available to Landlord under the laws or judicial decisions of the state in ��hich the Premises are located. 17.3 Late Char es. In addition to ail other remedies available fbr nonpayment, if the amount due from the Tenant is not received by the Landlord on or before the 15th day following the date upon which such amount is due and payable, a late charge of 5% of said amount owed shall become due and payable as additional rent hereunder, �vhich represents a fair and relsonable estimate of the processing and accounting costs that Landlord will incur by reason of such late payment. 18. DEFAULT BY LANDLORD. In d�e event that Tenant believes Landlord to be in default with regard to performance of its obligations hereunder, Tenant shall give landlord thirty (30) days notice specifying the default, during which time Landlord shall have the opportunity to cure the default. Provided, hotvever, if Landlord's oUligation is such that more than thirty (30) days aze required for its perforniance, Landlord sl�all not be deemed to be in default if it commences such performance within such thirty (30) day period and diligenHy prosecutes the same to completion. In no event shall Tenant setoff rent or pursue any other r'glits or remedies which may othenvise be available on account of Landlord's default, until Landlord has been given the cure opportunity specified above. In no event will Landlord be liable for consequential damages or lost profits of Tenant. 19. LANDLORD'S FINANCING. This lease shall automatically be subordinate to any deed of trvst, mortgage and od�er security inslruments now existing or hereafter placed on thc leased Premises or any part thereof by the Landlord and all advances made or to bc made thereunder. Within fifteen (IS) days of presentation, Tenant shall execute, acknowledge, and deliver to Landlord (i) any subordination or nondisturbance ageement or other instrument diat Landlord may require to carry out tae provisions of this Section, and (ii) any estoppel certificate requested by Landlord, with any such mortga�ee or beneficiary certifying in �vriting, if sucli be 1.SCIIkLI[7GR COMMERCIAL LCASf , 1