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DO NOT RECORD <br />(b) Terminate this Agreement and recover from Licensee: <br />1. The worth at the time of award of the unpaid compensation which has <br />been earned or the sum of one (1) year's compensation, whichever is <br />greater, at the time of termination of the Agreement; or <br />2. The worth at the time of award of the amount by which the unpaid <br />compensation which would have been earned after termination of the <br />Agreement until the time of award exceeds the amount of <br />compensation loss that Licensee proves could have been reasonably <br />avoided; or <br />3. The worth at the time of award of the amount by which the unpaid <br />compensation for the balance of the term of this Agreement after the <br />time of award; and, <br />4. Any other amount necessary to compensate Licensor for all detriment <br />proximately caused by Licensee's failure to perform its obligations <br />under this Agreement. <br />Section 6.03 Default by Licensee <br />Should Licensee default in the performance of any of the terms, conditions, or obligations <br />contained in this Agreement, Licensor may, in addition to the remedies specified in <br />Section 6.02 of this License, re-enter and regain possession of the License Area in the <br />manner provided by the laws of unlawful detainer of the State of California then in effect. <br />Section 6.04 Insolvency of Licensee <br />The insolvency of Licensee as evidenced by a receiver being appointed to take possession <br />of all or substantially all of the property of Licensee, or the making of a general <br />assignment for the benefit of creditors by Licensee, or the filing of a petition in <br />bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain <br />possession of the License Area. <br />Section 6.05 Cumulative Remedies <br />The remedies given to Licensor in this Agreement shall not be exclusive, but shall be <br />cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere <br />provided in this Agreement. <br />Section 6.06 Waiver of Breach <br />The waiver by Licensor of any breach by Licensee of any of the provisions of this <br />Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach <br />by Licensee either of the same or another provision of this Agreement. <br />250-9 <br />