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6.1C Page 21 ATTACHMENT 1 of Licensee's approved business use, as they become due and payable, and so long as payments to Licensor are also kept current. F. Upon any breach or default, Licensor shall have the right at any time afterward, without notice except as provided for previously, either in person, by agent, or by a receiver to be appointed by a court, enter and take possession of the Premises and collect license fees, issues, and profits, induding those past due and unpaid, and apply the same, less costs and expenses of operation and collection, induding reasonable attorney fees, upon any secured indebtedness, and in any order as Licensor may determine. G. In the event that Licensor should take any act to maintain or preserve the Premises on licensee's behalf, or seek the appointment of a receiver to protect Licensor's interests under this Agreement, such acts shall not constitute a termination of Licensee's right of possession unless licensee receives written notice from Licensor to regarding Licensor's election to terminate. 27. COVENANTS AND CONDITIONS 27.1 All covenants made by licensee hereby are conditions of this Agreement; therefore, in the event of any default by licensee in fulfilling any of the same, Licensor may at any time thereafter at its option declare a forfeiture of this Agreement. licensor shall not be obligated to perform any covenant made by him under this Agreement which accrues after the date of any default by Licensee hereunder. 28. LICENSEE'S BROKER COMMISSION 28.1 In the event a license is executed between Licensor and Licensee as to the Premises, Licensor is not responsible for payment of any commission to any person. Any payment of a commission is the sole responsibility of Licensee. 29. BUSINESS LICENSE 29.1 Prior to the opening date, Licensee must obtain a valid Redwood City Business License for the assigned licensed Area at Courthouse Square. 30. MISCELLANEOUS 30.1 Expenses of Enforcement. If there are any legal or arbitration proceedings between Licensor and Licensee to enforce any provision of this Agreement or to protect or establish any right or remedy of either Licensor or licensee hereunder, the unsuccessful party shall pay to the prevailing party all reasonable and customary costs and expenses, including reasonable attorney's fees (including, without limitation, the reasonable value of any in-house counsel services) incurred by such prevailing party in such proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any such proceeding or appeal, such costs, expenses, and attorney's fees (induding the reasonable value of in-house counsel services) shall be determined by the court or arbitration panel handling the proceeding and shall be included in and as part of such judgment. Atty/Agr/2008.049 090208 19