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<br />Atty/Agr/2009.049 <br />071108 <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 (100J'o) 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 constitu te 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 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 />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 />