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<br />AttyIAgr/2008.049 <br />090208 <br /> <br />6.1C <br />Page 20 <br /> <br />ATTACHMENT 1 <br /> <br />time of award exceeds the amount of this rental loss that Licensee <br />proves could have been reasonably avoided; <br /> <br />3. The worth at the time of award of the amount by which the unpaid <br />license fee for the balance of the Term after .the time of award <br />exceeds the amount of this rental loss that Licensee proves could <br />be reasonably avoided; and <br /> <br />4. Any other amount necessary to compensate licensor for all the <br />detriment proximately caused by Licensee's failure to perform <br />licensee's obligations under the Agreement. <br /> <br />B. The worth at the time of award of the amounts referred to in <br />subparagraphs (1) and (2) of subdivision (A) shall be computed by <br />allowing interest at ten percent (10%) per annum. The worth at the time <br />of award of the amount referred to in subparagraph (3) of subdivision (A) <br />shall be computed by discounting this amount at the discount rate of the <br />Federal Reserve Bank of San Francisco at the time of award plus one <br />percent (1 %). <br /> <br />C. Efforts that licensor may make to mitigate the damages caused by <br />Licensee's breach of this Agreement shall not constitute a waiver of <br />licensor's right to recover damages against Licensee, nor shall anything <br />contained in this Agreement affect Licensor's right to indemnification <br />against Licensee for any liability arising prior to the termination of this <br />Agreement for personal injuries or property damage. <br /> <br />D. The Licensor has the remedy described in California Civil Code Section <br />1951.4 (Licensor may continue license in effect after Licensee's breach <br />and abandonment and recover license fee as it becomes due, if licensee <br />has right to sublet or assign, subject only to reasonable limitations). <br /> <br />The breach of this Agreement by Licensee and abandonment of the <br />Premises by Licensee, shall not constitute a termination of this <br />Agreement, nor of Licensee's right of possession under this Agreement, <br />unless and until Licensor elects to do so, and until that time Licensor shall <br />have the right to recover license fee and all other payments to be made <br />by Licensee under this Agreement as they. become due; provided, that <br />until Licensor elects to terminate this Agreement and Licensee's right of <br />possession under this Agreement, Licensee shall have the right to sublet <br />the Premises or to assign interests in this Agreement, or both, subject <br />only to the written consent of licensor, which consent shall not be <br />unreasonably withheld. <br /> <br />E. <br /> <br />As security for the performance by Licensee of all duties and obligations <br />under the Agreement, Licensee assigns to Licensor the right, power, and <br />authority, during the continuance of this Agreement, to collect the license <br />fees, issues, and profits of the Premises, reserving to Licensee the right, <br />prior to any breach or default by Licensee under this Agreement, to <br />collect and retain the license fees, (solely in the case of a sublicense <br />previously approved by Licensor) issues, and profits, from the operation <br /> <br />18 <br />