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ATTACHMENT 1 terminate as of the date of the damage or destruction. Except as otherwise provided in this Agreement, damage to or destruction of the Premises shall not terminate this Agreement or result in the abatement of any license fee or other charges payable under this Agreement. Licensee expressly waives any right it may have, in law or equity, to offset any cost incurred by Licensee for repairs or restoration to the Premises against Licensee's obligations to pay license fee in connection with Landlord's duties of repair and restoration under this License. 19.2 If, by no fault of Licensee, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Licensor shall have the right to restore the Premises by repair or rebuilding. If Licensor elects to repair or rebuild, and is able to complete such restoration within ninety (90) days from the date of damage, subject to the terms of this section 19, this License shall remain in full force and effect. If Licensor is unable to restore the Premises within this time, or if Licensor elects not to restore, then either Licensor or Licensee may terminate this License by giving the other written notice. License fee shall be abated as of the date of damage. The abated amount shall be the current License fee prorated on a thirty (30) day basis. If this License is not terminated, and the damage is not repaired, the License fee shall be reduced based on the extent to which the damage interferes with Licensee's reasonable use of Premises. 19.3 If damage occurs as a result of an act of Licensee or Licensee's agent or contractor, only Licensor shall have the right of termination, and no reduction in License fee shall be made. 20. TERMINATION 20.1 Licensor may terminate this Agreement by giving written notice to Licensee at least thirty (30) days prior to the intended termination date. 20.2 Opportunity to Cure Non-Monetary Breach. Licensor's notice to terminate must state the non-monetary terms that the Licensee has breached, and must provide Licensor with 15 days to cure the breach. If the breach cannot be cured within 15 days, the Licensee shall notify the Licensor of the reasons why the breach cannot be cured within the 15 day period, and shall propose a specific plan and schedule to cure the breach. The cure proposed by the Licensee must be diligently pursued to completion. 20.3 Opportunity to Cure Monetary Breach. If Licensee's breach involves the non- payment of license fee or other charges, Licensor's notice to terminate must state the receivables due and must provide Licensee with 5 days to cure the breach. 20.4 If Licensee terminates this Agreement prior to the expiration of the current License term, Licensee shall be responsible for license fee for the remainder of the License term. 21. ABANDONMENT AND NOTICE 21.1 Licensee shall not vacant or abandon the Licensed Premise at any time during Atty/Agr/2009.049 071108 14