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6.1 C <br /> Page 43 <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 fio have this Agreement continue in effec#. Should any <br /> provision of #his Agreement be adjudged fio be invalid, void or illegal, such <br /> adjudicatian s�a(1 in no way effect, impair or in�alida#e any o�her provisians <br /> hereof, the parties hereto agreeing that they wou�d have en#ered into the <br /> remaining portion of this Agreement notwithstanding the omission of the portion <br /> or portions adjudged invalid, �aid or illegal. <br /> 17.5 Reiationship of the Parties. Nothing contained in �his Agreement shall be <br /> deemed or construed by the parties hereto, or by a third person, to crea#e the <br /> �elationship of principai and agent, or of partnership, or of joint venture, or of <br /> trustee and beneficiary, or oi any assoc�ation be�veen Licensar and L��ensee, <br /> and neither any provisions contained in tnis License nor any acts of the parties <br /> here#o, shall be deerned to create any rela#ionship befiween Licensor and <br /> Licensee other than fhe relation of Licensor and Licensee. <br /> 17.6 Time. Time is of#he essence with respect to the performance of every provision <br /> of this Agreement in which time of pe�fiormance is a factor. <br /> �7.7 Applicable Law. This Agreement shall be construed in accordance with the laws <br /> of the State of California. <br /> 17.8 Notice. Any notice, request, demand, approval or consent given or required to <br /> be given under fhis Agreemen� shall �e in vyriting and shall be deemed to have <br /> been given when mailed by United States registered or certified mail, postage <br /> prepaid, return receipt requested, to the Licensor or Licensee, as the case may <br /> be, at the r�spective addresses stated befow or ta the last cha�ged address <br /> given by the party to be no#ified as hereinafter spec�fied, or may be by personai <br /> service or electronic mail: <br /> Licensee: Licensor: <br /> Toni� Yeh City of Redwood City <br /> HD Food Service Inc. clo Courthouse Square Vendor 246 <br /> Redwood Shores Parkway Management <br /> Redwood City, CA 94�65 10�7 Middlefield Road <br /> 650-483-8881 Redwood City, CA 94063 <br /> tonia yeh cx msn.com 650-780-7290 <br /> 1?.9 Waiver of Default: Cumulative Remedies. No waiver of any defau[# by any pa�y <br /> to this License shall be implied from any omission by any other par�y to take any <br /> action in respect af such default if such defauEt continues or is repeated. No <br /> express waiver of any defauit shall affect any defauft or cover any period of time <br /> other than the default and period of time speci�Fied ir� such express waiver. One <br /> or more waivers of any defiaulf 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 pe�farmance of the same term, provision or covenant <br /> or any other term, provision or co�enant contained in this Agreement. The <br /> cvnsent or approval by any party to or of any act or request by any other par�y <br /> requiring cansent or approva! shall not be deemed to waive or render <br /> unnecessary the consen� to or appro�al of any subsequent simifar acts ar <br /> ATTY/AGR/20Q9.025 <br /> �61609 <br /> Initials Page 8 <br />