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II> ATTACHMENT 1 1.4 Acceptance of the Premises. Except as may be otherwise herein provided, Licensee shall, by entering into and occupying the Premises or using any portion of the Premises, be deemed to have accepted the Premises and to have acknowledged that the same is then in the condition called for by this License. 1.5 The License Area or Premises shall also include those areas occupied by any additional electrical wiring, plumbing, HVAC or other utilities needed to support the Licensee's use of the Cafe Space, as set forth in plans and specifications to be submitted to and approved by the Licensor prior to their installation. Upon approval of said plans and specifications for such additional and appurtenant utilities, those areas occupied by the additional and appurtenant utilities shall become part of the License Area, and Exhibit A will be amended to reflect the additional License Area. 2. LICENSE PERIOD 2.1 Term. The License is for a term of one month ("License Term") from the execution date ("License Commencement Date"), and will continue on a month- to-month basis, unless terminated as provided for in Section 20. 2.2 The term will expire at 5:00 p.m. in accordance with the provisions set forth in Section 20. If Licensee should remain in possession of the Premises after the expiration of the term of this Agreement in the absence of a new license agreement or after Licensor has declared a forfeiture of this Agreement as a result of Licensee's default, then the minimum licensee fee shall be one and one- half (1.5) times the amount of such license fee in effect prior to the Licensee's holding over. Licensor does not waive its rights to pursue any legal or equitable remedy against Licensee with regard to Licensee's continued possession of the Premises after the expiration of the term of this agreement. 2.3 Delay in Possession. On the License Commencement Date, Licensee shall take possession of the Premises. If Licensee's ability to take possession by the date as set forth in this provision is delayed as a result of any of the following causes, the date for delivery shall be postponed without penalty to Licensee for a period of time equivalent to the period caused by such delay: (a) acts of Licensor, its agents, or employees; (b) acts of God which Licensee could not reasonably have foreseen or guarded against; (c) any strikes, boycotts or like obstructive actions by employees or labor organizations and which are beyond the control of Licensee and which cannot be reasonably overcome; or (d) restrictive regulations by the Federal Government which are enforced in connection with a national emergency. 3. LICENSE PAYMENT 3.1 License Fee. The monthly license fee to be paid by Licensee to the Licensor shall be in the amount of 50/0 of their daily gross cafe sales in excess of $600. Atty/Agr/2009.049 071108 2