|
<br />~~,~,:,,",,,,;,,-,:,'ij",".-_"
<br />
<br />Atty/Agr/2009.049
<br />"...A^I'\
<br />
<br />6.1H
<br />Page 20
<br />
<br />ATTACHMENT 1
<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 />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 rents,
<br />issues, and profits of the Premises, reserving to Licensee the right, prior
<br />to any breach or default by Licensee under this Agreement, to collect and
<br />retain the license fees, (solely in the case of a sublicense previously
<br />approved by Licensor) issues, and' profits, from the operation of
<br />Licensee's approved business use, as they become due and payable,
<br />and so long as payments to Licensor are also kept current.
<br />
<br />E.
<br />
<br />F.
<br />
<br />Upon any breach or default. Licensor shall have the right at any time
<br />afterward, without notice except as prOvided for previously, either in
<br />person, by agent, or by a receiver to be appointed by a court, enter and
<br />take possession of the Premises and collect license fees, issues, and
<br />profits, including those past due and unpaid. and apply the same, less
<br />
<br />18
<br />
|