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deemed or construed by the parties hereto, or by a third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of trustee and beneficiary, or of any association between Lessor and Lessee, and neither any provisions contained In this Lease nor any acts of the parties hereto, shall be deemed to create any relationship between Lessor and Lessee other than the relation of Lessor and Lessee. 28.6 Time. Time is of the essence with respect to the performance of every prOvision of this Agreement in which time of performance is a factor. 28.7 Notice. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed to have been given when mailed by United States registered or certified mail, postage prepaid, return receipt requested, to the Lessor or Lessee, as the case may be, at the respective addresses stated below or to the last changed address given by the party to be notified as hereinafter specified, or may be done by personal service: Lessee: Nancy Radcliffe P.O. Box 3795 Redwood City, CA 94064 Lessor:, Redwood City Redevelopment Agency c/o Courthouse Square Vendor Mgmt 1017 Middlefield Road Redwood City, CA 94063 She also has a PO Box. Should we use the PO Box address instead? Yes, if that is her preference. 28.8 Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this Lease shall be implied from any omission by any other party to take any action in respect of such default if such default continues or Is repeated. No express waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more waivers of any default in the performance of any term, provision or covenant contained in this Lease shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Agreement. The consent or approval by any party to or of any act or request by any other party requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any party by this Agreement shall be deemed to be cumulative and no such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at law or in equity which any such party might otherwise have by virtue of a default under this Agreement, and the exercise of one such right or remedy by any such party shall not impair such party's standing to exercise any other right or.: remedy. 28.9 Attachments. All attachments attached hereto and referred to herein are hereby incorporated by reference as if fully set forth herein. 28.10 Force Maieure. Each party shall be excused from performing any obligation or undertaking provided in this Agreement, except any obligation to pay any sums Atty/Agr/2008.033 050508 15