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<br />17.11 Force Majeure. Each party shall be excused from performing any obligation or <br />undertaking provided in this Agreement, except any obligation to pay any 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, floods, explosion, actions of the elements, war, invasion, <br />insurrection, riot, mob violence, sabotage, inability to procure or general shortage <br />of labor, equipment, transportation, strikes, lockouts, action of labor unions, laws, <br />orders or moratoriums of governmental or civil or military or naval authorities, or <br />any other cause, whether similar or 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 to the <br />other party as provided in Sec. 17.8. <br /> <br />17.12 Further Assurances. Licensor and Licensee shall execute, on request, all other <br />documents and instruments as the other party shall reasonably request, which <br />are reasonably required to carry out obligations imposed under, and affect the <br />purposes of, this Agreement. <br /> <br />17.13 Counterparts: Facsimile. This Agreement may be executed by facsimile and/or <br />in one or more counterparts, each of which shall be deemed an original, and all <br />of which taken together shall constitute one and the same instrument. <br /> <br />17.14 Governina Law. This License shall be governed and construed in accordance <br />with the statutes and laws of the State of California. <br /> <br />17.15 Venue. In the event that suit shall be brought by any Party to this License, the <br />Parties agree that venue shall be exclusively vested in the State courts of the <br />County of San Mateo. <br /> <br />18. INSURANCE REQUIREMENTS <br />18.1 Prior to the opening date of Daily Boost, Licensee must provide Licensor the <br />following insurance requirements. Licensee at its sole cost and expense, shall <br />insure its activities in connection with this Agreement and obtain, keep in force <br />and maintain insurance as follows: <br /> <br />(a) Comprehensive or Commercial Form General Liability Insurance that is at <br />least as broad as the Insurance Service Office (ISO) Form No. CG 00 01 <br />(contractual liability and fire legal liability included) with minimum limits as <br />follows <br /> <br />1. Each Occurrence: One Million Dollars ($1,000,000) <br /> <br />2. Products/Completed Operations Aggregate: One Million Dollars <br />($1,000,000) <br /> <br />3. General Aggregate: Two Million Dollars ($2,000,000) <br /> <br />4. Fire Legal Liability to at least One Million Dollars ($1,000,000) <br /> <br />(b) <br /> <br />Business Automobile Liability Insurance that is at least as broad as the <br /> <br />ATTY/AGR/2007.068 <br />110107 <br /> <br />9 <br />