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<br />6.1C <br />Page 17 <br /> <br />ATTACHMENT 1 <br /> <br />20.4 If Licensee terminates this Agreement prior to the expiration of the current <br />License term, Licensee shall be responsible for the license fee for the remainder <br />of the License term. <br /> <br />21. ABANDONMENT AND NOTICE <br />21.1 Licensee shall not vacant or abandon the Licensed Premise at any time during <br />the term hereof; and if Licensee shall abandon, vacate or surrender the Licensed <br />Premises, or be dispossessed by process of law or otherwise, it shall be a <br />material default under this Agreement. The term "abandoned" as used herein <br />means vacation of the licensed Premises by Licensee or any sublicensee or <br />assignee of Licensee for a period of more than six (6) consecutive normal <br />business days. <br /> <br />21.2 The Premises shall be deemed abandoned by the Licensee, within the meaning <br />of Civil Code Section 1951.2, and the license shall terminate, if the Licensor <br />gives written notice of his or her belief of abandonment, as provided in Civil Code <br />Section 1951.3, and the licensee fails to give the licensor written notice, before <br />the date of termination specified in the Licensor's notice, stating that he or she <br />does not intend to abandon the real property, and stating an address at which the <br />Licensee may be served by certified mail in any action for unlawful detainer of <br />the Premises. <br /> <br />21.3 The Licensor's notice of belief of abandonment shall be personally delivered to <br />the Licensee, or sent by first class mail, postage prepaid, to the licensee at his <br />or her last known address. If Licensor has any reason to believe that the notice <br />sent to that address will not be received by the licensee, such notice shall also <br />be sent to such other address, if any, known to the Licensor where the Licensee <br />may reasonably be expected to receive the notice. <br /> <br />22. SURRENDER <br />22.1 Upon the expiration of the License Term hereof and the license interest created <br />hereby and subject to Licensor's lien rights set forth herein, Licensee shall <br />remove its movable trade fixtures, equipment, and personal property from the <br />Licensed Premises and fully repair andlor restore all damage thereto resulting <br />from such removal, and Licensee shall thereupon surrender the Licensed <br />Premises in the same condition as they were on the date on which Licensor <br />delivered possession of the Licensed Premises to Licensee, reasonable wear <br />and tear excepted, unless the Licensor and Licensee agree to allow the Licensor <br />to retain the improvement. All property of any kind not removed from the <br />Licensed Premises shall be deemed abandoned by Licensee. <br /> <br />If the Licensed Premises are not surrendered at the end of the License Term, <br />Licensee shall indemnify, defend, protect and hold harmless Licensor against <br />any daims, demands, loss, costs and expenses, induding, but not limited to, <br />attorneys' fees, or liability resulting from delay by licensee in surrendering the <br />Licensed Premises including but not limited to any loss arising from any claim <br />made by any succeeding licensee founded on such delay. <br /> <br />Except as provided herein, no act or conduct of the Licensor, whether consisting <br />of the acceptance of the keys to the Licensed Premises, or otherwise, shall be <br />deemed to be or constitute an acceptance of the surrender of the licensed <br /> <br />Atty/AgrI2008.049 <br />090208 <br /> <br />15 <br />