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portion of the License Fee for that year, provided, however, that if Licensor terminates this <br />License pursuant to Section 9.2 below, or if this License is terminated by Licensee due to an <br />uncured default by Licensor, then any prepaid License Fee shall be apportioned as of the <br />termination date and reimbursed to Licensee. <br />3.2 Except as expressly provided in Section 3.1 above, the License Fee shall be <br />payable without offset or deduction at Licensor's address specified below or to any other person <br />or firm as Licensor may, from time to time, designate in writing at least sixty (60) days in <br />advance of any License Fee payment due date. If, at any time, Licensee fails to make payment <br />within ten (10) business days following receipt of written notice that a payment is past due, a late <br />charge equal to five percent (5%) of such past due amount shall be due, as well as interest which <br />shall accrue on the past due amount at the rate of twelve percent (12%) per annum or the <br />maximum allowable by law, whichever is less, until paid in full. This right is in addition to all <br />rights of Licensor to terminate this License pursuant to Section 9 herein. <br />3.3 Licensee shall pay additional license fees, if any, for any Authorized Sublicensees <br />(as defined in Section 4.2) on the same payment terms as the Licensee Fee but in an amount as <br />specified in Licensor's written consent to such Authorized Sublicensee ("Authorized <br />Sublicensee Fee"). <br />3.4 All sums payable by Licensee under this License, whether or not stated to be <br />License Fees or Authorized Sublicensee Fees, shall be collectible by Licensor as License Fees, <br />and upon default in payment thereof Licensor shall have the same rights and remedies as for <br />failure to pay License Fees (without prejudice to any other right or remedy available therefor). <br />3.5 Within thirty (30) days following the Effective Date, Licensee shall pay to <br />Licensor, a one-time payment in the amount equal to Four Thousand Dollars ($4,000) <br />("Commitment Fee") which is a non-refundable payment to Licensor to offset expenses related <br />to the preparation and negotiation of this License. <br />3.6 Licensee shall provide Licensor a security deposit in an amount equal to Ten <br />Thousand Five Hundred Dollars ($10,500), within thirty (30) days of the Effective Date to be <br />held by Licensor for the Term of this License. Licensor shall have the authority to apply said <br />deposit toward any overdue payment or late charges as set forth herein. At any time said deposit <br />is exhausted, then, upon thirty (30) days prior written notice to Licensee, Licensor shall have the <br />authority to require Licensee to make additional deposits to replenish the security deposit to its <br />original amount. Licensee shall not be entitled to any interest on amounts held for such <br />deposit(s). Licensor shall return the security deposit to Licensee, net of any use thereof <br />authorized hereby, not later than thirty (30) days after the expiration or any earlier termination of <br />this License. The security deposit may also be used to repair any damage to the Premises or <br />Property caused by Licensee, its agents, employees or representatives. Use of the security <br />deposit for overdue or late payment fees shall not be the exclusive use, but instead such deposit <br />may be applied by Licensor to compensate Licensor for any damages sustained by Licensor due <br />to a breach of this License by Licensee or by Licensor for the cost of removing Licensee's <br />equipment should Licensee fail to comply with its removal obligations pursuant to Section 6.6 <br />below. <br />REV: 11-14-18 OZ <br />Page 5 of 35 <br />ATTY/AGR.2016.264/New Cingular Wireless PCS, LLC - Wireless Communications Site License <br />Agreement 555 California Way <br />