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<br />6.1E <br />Page 53 <br /> <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 />17.10 Exhibits. All Exhibits attached hereto and referred to herein are hereby <br />incorporated by reference as if fully set forth herein. <br /> <br />17.11 Force Majeure. 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 IlForce 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 within twenty-four (24) hours after delivering notice to the <br />other party as provided in Sec. 17.8. <br /> <br />17.12 Further Assurances. Licensor 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 />17.13 Counterparts: 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 />17. 14 Governina Law. This License shall be governed and construed in accordance <br />with the statutes and laws of the State of California. <br /> <br />17.15 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 />18. INSURANCE REQUIREMENTS <br /> <br />18.1 Prior to the opening date, Licensee must provide Licensor the following <br />insurance requirements. Licensee at its sole cost and expense, shall insure its <br />activities in connection with this Agreement and obtain, keep in force and <br />maintain insurance as follows: <br /> <br />(a) Comprehensive or Commercial Form General Liability Insurance that is at <br />least as broad as the Insurance Service Office (ISO) Form No. CG 0001 <br /> <br />ATTY! AGRI2009.082 <br />110309 <br /> <br />Initials <br /> <br />Page 9 <br />