Agmt11 Sea Link Cafe - Laserfiche WebLink

Browse Search

shall be computed by discounting this amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 %). C. Efforts that Licensor may make to mitigate the damages caused by Licensee's breach of this Agreement shall not constitute a waiver of Licensor's right to recover damages against Licensee, nor shall anything contained in this Agreement affect Licensor's right to indemnification against Licensee for any liability arising prior to the termination of this Agreement for personal injuries or property damage. D. The Licensor has the remedy described in California Civil Code Section 1951.4 (Licensor may continue License in effect after Licensee's breach and abandonment and recover license fee as it becomes due, if Licensee has right to sublet or assign, subject only to reasonable limitations). The breach of this Agreement by Licensee and abandonment of the Premises by Licensee, shall not constitute a termination of this Agreement, nor of Licensee's right of possession under this Agreement, unless and until Licensor elects to do so, and until that time Licensor shall have the right to recover license fee and all other payments to be made by Licensee under this Agreement as they become due; provided, that until Licensor elects to terminate this Agreement and Licensee's right of possession under this Agreement, Licensee shall have the right to sublet the Premises or to assign interests in this Agreement, or both, subject only to the written consent of Licensor, which consent shall not be unreasonably withheld. E. As security for the performance by Licensee of all duties and obligations under the Agreement, Licensee assigns to Licensor the right, power, and authority, during the continuance of this Agreement, to collect the rents, issues, and profits of the Premises, reserving to Licensee the right, prior to any breach or default by Licensee under this Agreement, to collect and retain the license fees, (solely in the case of a sublicense previously approved by Licensor) issues, and profits, from the operation 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, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including 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 Atty /Agr /2011. 048 LIBRARY CAFE LICENSE 18 051311