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<br />;~~~''"''~~'''-~~~. <br /> <br />6.1H <br />Page 22 <br /> <br />ATTACHMENT 1 <br /> <br />license, use and occupancy of the premises. No prior or other agreement or <br />understanding pertaining to the same shall be valid or of any force and effect; <br />and the terms, covenants and conditions of this Agreement cannot be altered, <br />changed, modified or added to, except in writing signed by Licensor and <br />Licensee. <br /> <br />30.4 Caotions. Definitions and Severabilitv. The captions of the sections and <br />subsections of this Agreement are. for convenience and easy reference only and <br />shall not be considered or referred to in resoMng questions of construction. <br />Whenever in this Agreement any words of obligation or duty are used, such <br />words shall have the same force and effect as though made in the form of <br />covenants. All of the covenants and agreements herein contained are <br />conditions, and the strict and prompt performance of each shall be conditions <br />precedents to the right or to have this Agreement continue in effect. Should any <br />provision of this Agreement be adjudged to be invalid, vojd or illegal, such <br />adjudication shall in no way effect, impair or invalidate any other provisions <br />hereof, the parties hereto agreeing that .they would have entered into the <br />remaining portion of this Agreement notwithstanding the omission of the portion <br />or portions adjudged invalid, void or illegal. <br /> <br />30.5 RelatlonshiD 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 />30.6 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 />30.7 ~. 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 mall, 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 done by <br />personal service: <br /> <br />Licensee: <br />Fresh & Natural Food Service Group <br />426 S. Main Street <br />Milpitas, Ca 95035 <br /> <br />Licensor: <br />City of Redwood City <br />Attn: 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 /> <br />AttyJAgrI2009.049 20 <br />n~44no <br />