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Km2rt, in Kroon's sole discretion, The hcenses in Sections I(a) and (b) are together called the 'Vcense ". (c) The License and this Agreement may be terminated and revoked withou cause inunediatcly by Kroon upon oral or written notice and, if by oral notice, followed by wtitten notice, In all events, Sections 2(b), 3( d), 4, 5, 6(a), 7, 8, 11 and 12 shall survive the expiration, termination and/ or revocation of the License and this Agreement, Contractor irrevocably waives and discharges any claim or tight Contractor may have at law or equity or under the Code (defined below) agoinst Kmart for any damages, awards, costs or expenses and any suit, liability, demand or claim as a result of the termination or revocation of the License and this Agreement. . --., -', ., ...,,\. \~l' 2. Fee: Deposit, (a) In consideration of the License and this Agreement, Conttacto, agrees to pay the following (ee C'Fee") to KInart at the address provided for notice above [comple" the hla.;'" for the appropriate type of fee and crosS off the other two]: If Flat Fee: $ monthfy) for the Term. [Fee should be writte1l in terms if the amollnt for the entire TemJ, not If Flat Fee with Percentage of Sales: $ for the Term, plus percent (_%) of the total gross sales of merchandise or services and all other receipts arising or originating from or out of the Event by or through Contractor, whether cash or credit. If Percentage of Sales Only: perceih (_%) of the total gross sales of merchandise or services and all other receipts arising or originating from or out of the Event hy or through Conttactor, whether cash or credit. (b) To the extent the Fee is a specified dollar amount (whether lump sum or on a per day/week/month basis), Contractor shall pay Kroon the entire Fee in advance for the whole Term upon Contractor's execution of this Agreement, which Fee shall be deemed ro have been eamed upon the execution of this Agreement by !(mart, If any portion of the Fee is based on sales or revenues from the Event, then the portion of the Fee that is a specified dollar amount (if any) shall be paid in accordance with the preceding sentence and the portion of the Fee based on sales or revenues shall be paid to Kmart within ten (10) days after the end of each calendar month during the Term (except if the Term shall end on any day other than the last day of a calendar month, in which event such portion of the Fee based on sales or revenues shall be paid to Kmart within ten (10) days after the end of the Term), Regardless of how the fee is calculated, within ten (10) days after the end of each calendar month during the term, Contractor shall in all events provide Kmart with a statement, signed and certified by'~ontractor, of the amount of the sales and revenues from the Event for Kmart's records. Kmart may audit Contractor's books and records of such ~ales and revenues at any time for up to two years after the end of the Term, and during such two-year period, Contractor shall maintain and make available to Kmart at the location designated by Kmart at 2