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SCE Doc. 319004 Att. Contract No. 9.5074
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<br /> Initial (_______)(_____/______/______)
<br /> Licensor/Licensee
<br />-10-
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<br />Rev8 2016-05-11 GS-JC
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<br />(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to
<br />observe and perform any other provision of this Agreement to be observed or performed
<br />by Licensee. Licensor shall provide written notice of such failure and Licensee shall be
<br />considered in material default where such failure continues for a total of ten (10) or more
<br />consecutive days from the date of the notice. Further, with respect to items not otherwise
<br />listed in Article 29.a-h, Licensee shall be considered in material default should Licensee
<br />fail to observe or perform any other provision of this Agreement for more than fifteen (15)
<br />days during the entire Term of the Agreement in the aggregate, after Licensor provides an
<br />initial written notice of such failure. After providing initial notice under this provision,
<br />Licensor will not be required to provide any subsequent notice of breach of this
<br />Agreement.
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<br /> 30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any
<br />material default by Licensee, then in addition to any other remedies available to Licensor at law or in
<br />equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee
<br />hereunder by giving written notice of such immediate termination to Licensee.
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<br /> 31. Licensee’s Personal Property Upon Termination or Expiration: In the event that this
<br />Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the
<br />event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense
<br />and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and
<br />waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition
<br />it was in prior to the Licensee’s use of the Property, in a manner satisfactory to Licensor.
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<br />If Licensee fails or refuses to remove any of Licensee’s personal property, building(s), fixture(s) or
<br />structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal
<br />property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the
<br />Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them
<br />with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief
<br />(including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible
<br />for the value of Licensee’s personal property.
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<br />Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by
<br />Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s)
<br />or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies
<br />and environmental remediation and/or cleanup attributable to Licensee’s use of the Property, and (iv)
<br />the restoration of the Property to the condition it was in prior to Licensor’s initial use of the Property.
<br />Licensee agrees to pay such expenses to Licensor upon demand.
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<br /> 32. Limitation of Liability:
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<br />IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,
<br />WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE
<br />AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF
<br />LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS
<br />NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE’S PERSONAL PROPERTY,
<br />BUILDING(S), STRUCTURE(S) OR FIXTURE(S) AFTER THE TERMINATION OR EXPIRATION OF
<br />THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL
<br />FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.
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