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<br />6.1C <br />Page 16 <br /> <br />ATTACHMENT 1 <br /> <br />License Area or the improvements to the License Area. Licensor shall not be <br />responsible for any loss, damage, or destruction to Licensee's personal property, <br />trade fixtures, merchandise, inventory or equipment. Licensor shall have the <br />right to terminate this License by giving written notice of termination to Licensee <br />within thirty (30) days after the date of the damage or destruction, and Licensee's <br />obligation to pay the license fee and other charges under this license shall <br />terminate as of the date of the damage or destruction. <br /> <br />Except as otherwise provided in this Agreement, damage to or destruction of the <br />Premises shall not terminate this Agreement or result in the abatement of any <br />license fee or other charges payable under this Agreement. Licensee expressly <br />waives any right it may have, in law or equity, to offset any cost incurred by <br />Licensee for repairs or restoration to the Premises against Licensee's obligations <br />to pay license fee in connection with Landlord's duties of repair and restoration <br />under this License. <br /> <br />19.2 If, by no fault of Licensee, Premises are totally or partially damaged or destroyed <br />by fire, earthquake, accident or other casualty, licensor shall have the right to <br />restore the Premises by repair or rebuilding. If Licensor elects to repair or <br />rebuild, and is able to complete such restoration within ninety (90) days from the <br />date of damage, subject to the terms of this section 19, this License shall remain <br />in full force and effect. If licensor is. unable to restore the Premises within this <br />time, or rr Licensor elects not to restore, then either Licensor or licensee may <br />terminate this license by giving the other written notice. License fee shall be <br />abated as of the date of damage. The abated amount shall be the current <br />License fee prorated on a thirty (30) day basis. If this license is not terminated, <br />and the damage is not repaired, the License fee shall be reduced based on the <br />extent to which the damage interferes with licensee's reasonable use of <br />Premises. <br /> <br />19.3 If damage occurs as a result of an act of Licensee or Licensee's agent or <br />contractor, only Licensor shall have the right of termination. and no reduction in <br />License fee shall be made. <br /> <br />20. TERMINATION <br />20.1 Licensor may terminate this Agreement by giving written notice to Licensee at <br />least thirty (30) days prior to the intended termination date. <br /> <br />20.2 Opportunity to Cure Non-Monetary Breach. Licensor's notice to terminate must <br />state the non-monetary terms that the Licensee has breached, and must provide <br />Licensor with 15 days to cure the breach. If the breach cannot be cured within <br />15 days, the Licensee shall notify the Licensor of the reasons why. the breach <br />cannot be cured within the 15 day period, and shall propose a specific plan and <br />schedule to cure the breach. The cure proposed by the licensee must be <br />diligently pursued to completion. <br /> <br />20.3 Opportunity to Cure Monetary Breach. If Licensee's breach involves the non- <br />payment of license fee or other charges, licensor's notice to terminate must <br />state the receivables due and must provide licensee with 5 days to cure the <br />breach. <br /> <br />AttyIAgrl2008.049 14 <br />090208 <br />