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<br />17.5 Relationship of the Parties. Nothing contained in this Agreement shall be <br />deemed or construed by the parties hereto, or by a third person, to create the <br />relationship of principal and agent, or of partnership, or of joint venture, or of <br />trustee and beneficiary, or of any association between Licensor and Licensee, <br />and neither any provisions contained in this License nor any acts of the parties <br />hereto, shall be deemed to create any relationship between Licensor and <br />Licensee other than the relation of Licensor and Licensee. <br /> <br />17.6 Time. Time is of the essence with respect to the performance of every provision <br />of this Agreement in which time of performance is a factor. <br /> <br />17.7 Applicable Law. This Agreement shall be construed in accordance with the laws <br />of the State of California. <br /> <br />17.8 Notice. Any notice, request, demand, approval or consent given or required to <br />be given under this Agreement shall be in writing and shall be deemed to have <br />been given when mailed by United States registered or certified mail, postage <br />prepaid, return receipt requested, to the Licensor or Licensee, as the case may <br />be, at the respective addresses stated below or to the last changed address <br />given by the party to be notified as hereinafter specified, or may be by personal <br />service: <br /> <br />Licensee: <br />Daily Boost LLC <br />c/o Ruhina Karmali <br />2719 South Norfolk #307 <br />San Mateo, CA 94403 <br /> <br />Licensor: <br />City of Redwood City <br />c/o Courthouse Square Vendor Management <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br /> <br />17.9 Waiver of Default: Cumulative Remedies. No waiver of any default by any party <br />to this License shall be implied from any omission by any other party to take any <br />action in respect of such default if such default continues or is repeated. No <br />express waiver of any default shall affect any default or cover any period of time <br />other than the default and period of time specified in such express waiver. One <br />or more waivers of any default in the performance of any term, provision or <br />covenant contained in this License shall not be deemed to be a waiver of any <br />subsequent default in the performance of the same term, provision or covenant <br />or any other term, provision or covenant contained in this Agreement. The <br />consent or approval by any party to or of any act or request by any other party <br />requiring consent or approval shall not be deemed to waive or render <br />unnecessary the consent to or approval of any subsequent similar acts or <br />requests. The rights and remedies given to any party by this Agreement shall be <br />deemed to be cumulative and no such rights and remedies shall be exclusive of <br />any of the others, or of any other right or remedy at law or in equity which any <br />such party might otherwise have by virtue of a default under this Agreement, and <br />the exercise of one such right or remedy by any such party shall not impair such <br />party's standing to exercise any other right or remedy. <br /> <br />17.10 Exhibits. All Exhibits attached hereto and referred to herein are hereby <br />incorporated by reference as if fully set forth herein. <br /> <br />ATTY/AGR/2007.068 <br />110107 <br /> <br />8 <br />