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6.1C Page 5 ATTACHMENT 1 3.1 License Fee. The monthly license fee to be paid by Licensee to the Licensor shall be in the amount of 5% of their daily gross cafe sales in excess of $600. Licensee shall pay to Licensor the monthly license fee in advance, on or before the first day of each and every month beginning on , 2008. 3.2 Licensee agrees to make license fee payments payable to: City of Redwood City. All payments shall be delivered to the following address: Redwood City Finance Department - Revenue Services Division 1017 Middlefield Road Redwood City, CA 94063 License fees for any period during the term hereof which is for less than one month shall be a pro rata portion of the monthly installment based on a 30-day month. License fees shall be payable to the City at the address set forth above or at such other address as City may from time to time designate in writing. 3.3 Late Charge. Licensee acknowledges that the Licensor incurs collection and administrative costs associated with pursuing delinquent license fees. Licensee and Licensor hereby agree that if the license fee for any month is not received by the licensor by 5:00 p.m. on the tenth (10th) day of the month, Licensee shall pay a late charge equal to ten percent (10%) of the overdue license fee as a late charge. The late charge will be added to the succeeding month's license fee. The parties agree this late charge represents a fair and reasonable estimate of the costs the City of Redwood City will incur by reason of late payment by Licensee. 4. SECURITY DEPOSIT 4.1 Licensee shall deposit with the Licensor upon execution hereof a security deposit in the amount of $500.00 as security for the Licensee's faithful performance of Licensee's obligation hereunder. The deposit shall not be used for the final month's license fee. If Licensee fails to pay the license fee or other charges due hereunder, or otherwise defaults with respect to any provision of this Agreement, Licensor may use, apply or retain all or any portion of said deposit for the payment of any fees or other charge in default or for the payment of any other sum to which licensor may be entitled by reason of Licensee's default, or to compensate licensor for any loss or damage which Licensor may suffer thereby. If Licensor so uses or applies all or any portion of said deposit, Licensee shall within ten (10) days of receiving written demand from Licensor deposit cash with Licensor in an amount sufficient to restore said deposit to the full amount hereinabove stated and Licensee's failure to do so shall be a material breach of this Agreement. Licensor shall not be required to keep said deposit separate from its general accounts. If Licensee performs all of Licensee's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by Licensor, shall be returned, without payment of interest or other increment for its use, to Licensee or to the last assignee, if any, of Licensee's interest hereunder at the expiration of the License term hereof, and after Licensee has vacated the Premises. AttyfAgrl2008.049 090208 3