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<br />6.1C <br />Page 23 <br /> <br />ATTACHMENT 1 <br /> <br />given by the party to be notified as hereinafter specified, or may be done by <br />personal service: <br /> <br />Licensee: <br />La T artine <br />(Street Address) <br />Redwood City, CA <br /> <br />licensor: <br />City of Redwood City <br />AUn: library Director <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br /> <br />30.8 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 />30.9 Attachments. All attachments attached hereto and referred to herein are hereby <br />incorporated by reference as if fully set forth herein. <br /> <br />30.10 Force Maieure. 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 in accordance with the procedures set forth in Section 19. <br /> <br />30.11 Further Assurances. Licensor and Licensee shalf 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 />Atty/Agr/2008.049 21 <br />090208 <br />