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AgdaPkt 2007-09-10
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AgdaPkt 2007-09-10
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Last modified
9/24/2013 12:55:27 PM
Creation date
9/7/2007 7:30:42 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
9/10/2007
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6.1 B <br /> Page 37 <br /> given by the party ta be notified as hereinafter specified, or may be by personal <br /> service: <br /> �icen�ee: �icens�r: <br /> Daily Boost LLC City of Redwoad City <br /> c/o Ruhina Karmali c/o Caurthouse Square Vendor Management <br /> 2719 South Norfolk#308 1 Q17 Middlefield Rnad <br /> San Mateo, CA 94403 Redwood City, CA 94063 <br /> 17.9 Waiver of Default: Cumulative Remedies. No waiver of any default by any party <br /> to #his License shall be implied from any omissian by any other party to fake any <br /> actien in respect af ��.�ch defau(t if such defau!# continues ar is repeafed. No <br /> express waiver af any defau(t shafl affect any default ar cover any period of time <br /> other than fhe default and period af time specified in such express waiver. �ne <br /> or more waivers of any default in the performance of any term, provision nr <br /> covenant contained in this License shall not be deemed to be a waiver of any <br /> subsequent d�fault in the perfarmance of the same term, provision or covenant <br /> or any ather term, provision or covenant contained in this Agreement. 7he <br /> consent or approval by any party to or of any act ar request by any other party <br /> requiring consent or approval shall not be deemed to waive or render <br /> unnecessary the consent to or appraval of any subsequent similar acts or <br /> requests. The rights and remedies given to any par#y by this Agreement shall be <br /> deemed to be cumu[ative and no such rights and remedies shalf be exclusive of <br /> any of the athers, or of any other right or remedy at iaw or in equity which any <br /> such party might otherwise have by virtue of a defauft under this Agreement, and <br /> fhe exercise of one such right or remedy by any such party shalf not impair such <br /> party's standing to exercise any other righ�or remedy. <br /> 17.10 Exhibits. All Exhibits attached hereto and referred to herein are hereby <br /> incorporated by reference as if fully set forGh herein: <br /> 17.11 Force Maieure. Each party shall be excused from petforming any abligation or <br /> unde�aking provided in tk�is Agrezment, except any abligation to pay ary sums <br /> of money under the applicable provisions hereof, in the event and so long as the <br /> performance of any such obligation is prevented or delayed, retarded or hindered <br /> by any of the following (sometimes called "Force Majeure" in this Agreement): <br /> fire, earthquake, floocis, expiasian, actions of the elements, war, invasion, <br /> insurrection, riot, mob violence, sabotage, inabili#y to procure or genera! shor�age <br /> of labor, equipment, transportation, strikes, lockouts, actinn of labor unions, laws, <br /> orders or moratoriums af governmental or civil or military or naval authorities, or <br /> any other cause, whether simiiar ar dissimilar to the foregoing, not within the <br /> control of such party. In the event of a "force majeure," either Party may <br /> terminate this license within twenty-four (24) hours after delivering notice tn the <br /> other party as provided in Sec. 17.8. <br /> 17.12 Further Assurances. Licensor and Licensee shall execute, on request, all other <br /> documents and instruments as the other party shall reasonably reques#, which <br /> are reasonably required to carry out obligations imposed under, and affect the <br /> purposes of, this Agreement. <br /> � ATTYlAGF2/2007.068 a <br /> 09407 <br />
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