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ATTACHMENT 1 license, use and occupancy of the premises. No prior or other agreement or understanding pertaining to the same shall be valid or of any force and effect; and the terms, covenants and conditions of this Agreement cannot be altered, changed, modified or added to, except in writing signed by Licensor and Licensee. 30.4 Captions. Definitions and Severabilitv. The captions of the sections and subsections of this Agreement are for convenience and easy reference only and shall not be considered or referred to in resolving questions of construction. Whenever in this Agreement any words of obligation or duty are used, such words shall have the same force and effect as though made in the form of covenants. All of the covenants and agreements herein contained are conditions, and the strict and prompt performance of each shall be conditions precedents to the right or to have this Agreement continue in effect. Should any provision of this Agreement be adjudged to be invalid, void or illegal, such adjudication shall in no way effect, impair or invalidate any other provisions hereof, the parties hereto agreeing that they would have entered into the remaining portion of this Agreement notwithstanding the omission of the portion or portions adjudged invalid, void or illegal. 30.5 Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto, or by a third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of trustee and beneficiary, or of any association between Licensor and Licensee, and neither any provisions contained in this License nor any acts of the parties hereto, shall be deemed to create any relationship between Licensor and Licensee other than the relation of Licensor and Licensee. 30.6 Time. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. 30.7 Notice. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed to have been given when mailed by United States registered or certified mail, postage prepaid, return receipt requested, to the Licensor or Licensee, as the case may be, at the respective addresses stated below or to the last changed address given by the party to be notified as hereinafter specified, or may be done by personal service: Licensee: Fresh & Natural Food Service Group 426 S. Main Street Milpitas, Ca 95035 Licensor: City of Redwood City Attn: Library Director 1017 Middlefield Road Redwood City, CA 94063 30.8 Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this License shall be implied from any omission by any other party to take any action in respect of such default if such default continues or is repeated. No express waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One Atty/Agr/2009.049 20 071108