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of money under the applicable provisions hereof, In the event and so long as the performance of any such obligation is prevented or delayed, retarded or hindered by any of the following (sometimes called "Force Majeure" in this Agreement): fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, transportation, strikes, lockouts, action of labor unions, laws, orders or moratoriums of governmental or civil or military or naval authorities, or any other cause, whether similar or dissimilar to the foregoing, not within the control of such party. In the event of a "force majeure," either Party may terminate this lease within twenty-four (24) hours after delivering notice to the other party as provided In Sec. 28.8. 28.11 Further Assurances. Lessor and Lessee shall execute, on request, all other documents and instruments as the other party shall reasonably request, which are reasonably required to carry out obligations imposed under, and affect the purposes of, this Agreement. 28.12 Counterparts: Facsimile. This Agreement may be executed by facsimile and/or in one or more counterparts, each of which/shall be deemed an original, and all of which taken together shall constitute one and the same instrument. 28.13 Governing Law. This Lease shall be governed and construed In accordance with the statutes and laws of the State of California. 28.14 Venue. In the event that suit shall be brought by any Party to this Lease, the Parties agree that venue shall be exclusively vested in the State courts of the County of San Mateo. 28.15 Accord and Satisfaction. No payment by Lessee or receipt by Lessor of a lesser amount than the rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed and accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of such rent or pursue any other remedy in this Agreement provided. 28.16 Permits and ADDrovals. All government permits or approvals are required. Approval by Lessor of any action requiring approval does not constitute approval by the City of Redwood City of any required permits or applications, and in no way limits the discretion of the City in the permit, regulatory, and approval process. Lessor and Lessee will render to each other reasonable assistance in obtaining necessary City and other governmental permits or approvals. Any consent or approval of the City of Redwood City for any permit, application, or regulatory matter does not constitute consent or approval by the Lessor under the terms of this lease. 29. INSURANCE REQUIREMENTS 29.1 Prior to the opening date, Lessee must provide Lessor the fOllowing insurance requirements. Lessee at its sole cost and expense, shall insure its activities in connection with this Agreement and obtain, keep in force and maintain insurance Atty/AgrI2008.033 050508 16