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<br />6.1H <br />Page 23 <br /> <br />ATTACHMENT 1 <br /> <br />or more waivers of any default in the performance of any term. provision or <br />covenant contained in this Ucense 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. Ucensor 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 />30.12 Counteroarts: 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 />30.13 Governina Law. This License shall be governed and construed In accordance <br />with the statutes and laws of the State of California. <br /> <br />30.14 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 />30.15 Accord and Satisfaction. No payment by Licensee or receipt by Licensor of a <br />lesser amount than the license fee herein stipulated shall be deemed to be other <br />than on account of the ea~iest stipulated license fee, nor shall any endorsement <br />or statement on any check or any letter accompanying any check or payment as <br />license fee be deemed and accord and satisfaction, and Licensor may accept <br /> <br />Atty/AgrI2009.049 21 <br />"..,...."0 <br />