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ATTACHMENT 1 or more waivers of any default in the performance of any term, provision or covenant contained in this License shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Agreement. The consent or approval by any party to or of any act or request by any other party requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any party by this Agreement shall be deemed to be cumulative and no such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at law or in equity which any such party might otherwise have by virtue of a default under this Agreement, and the exercise of one such right or remedy by any such party shall not impair such party's standing to exercise any other right or remedy. 30.9 Attachments. All attachments attached hereto and referred to herein are hereby incorporated by reference as if fully set forth herein. 30.10 Force Maieure. Each party shall be excused from performing any obligation or undertaking provided in this Agreement, except any obligation to pay any sums of money under the applicable provisions hereof, in the event and so long as the performance of any such obligation is prevented or delayed, retarded or hindered by any of the following (sometimes called "Force Majeure" in this Agreement): fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, transportation, strikes, lockouts, action of labor unions, laws, orders or moratoriums of governmental or civil or military or naval authorities, or any other cause, whether similar or dissimilar to the foregoing, not within the control of such party. In the event of a "force majeure," either Party may terminate this License in accordance with the procedures set forth in Section 19. 30.11 Further Assurances. Licensor and Licensee shall execute, on request, all other documents and instruments as the other party shall reasonably request, which are reasonably required to carry out obligations imposed under, and affect the purposes of, this Agreement. 30.12 Counterparts: Facsimile. This Agreement may be executed by facsimile and/or in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. 30.13 Governina Law. This License shall be governed and construed in accordance with the statutes and laws of the State of California. 30.14 Venue. In the event that suit shall be brought by any Party to this License, the Parties agree that venue shall be exclusively vested in the State courts of the County of San Mateo. 30.15 Accord and Satisfaction. No payment by Licensee or receipt by Licensor of a lesser amount than the license fee herein stipulated shall be deemed to be other than on account of the earliest stipulated license fee, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as license fee be deemed and accord and satisfaction, and Licensor may accept Atty/Agr/2009.049 21 071108