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receives written notice from Licensor to regarding Licensor's election to terminate. 27. COVENANTS AND CONDITIONS 27.1 All covenants made by Licensee hereby are conditions of this Agreement; therefore, in the event of any default by Licensee in fulfilling any of the same, Licensor may at any time thereafter at its option declare a forfeiture of this Agreement. Licensor shall not be obligated to perform any covenant made by him under this Agreement which accrues after the date of any default by Licensee hereunder. 28. LICENSEE'S BROKER COMMISSION 28.1 In the event a license is executed between Licensor and Licensee as to the Premises, Licensor is not responsible for payment of any commission to any person. Any payment of a commission is the sole responsibility of Licensee. 29. BUSINESS LICENSE AND OTHER PERMITS 29.1 Prior to the opening date, Licensee must obtain a valid Redwood City Business License for the assigned Licensed Area at Redwood Shores Branch Library and any other permit required by law which may include a county health permit. 30. MISCELLANEOUS 30.1 Expenses of Enforcement. If there are any legal or arbitration proceedings between Licensor and Licensee to enforce any provision of this Agreement or to protect or establish any right or remedy of either Licensor or Licensee hereunder, the unsuccessful party shall pay to the prevailing party all reasonable and customary costs and expenses, including reasonable attorney's fees (including, without limitation, the reasonable value of any in -house counsel services) incurred by such prevailing party in such proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any such proceeding or appeal, such costs, expenses, and attorney's fees (including the reasonable value of in -house counsel services) shall be determined by the court or arbitration panel handling the proceeding and shall be included in and as part of such judgment. 30.2 Misrepresentations. Any statements submitted to Licensor in the Licensee's Application for Courthouse Square Concession Space ( "Application ") and this License Agreement by Licensee are considered inducements to execute this License. Misrepresentations by Licensee shall entitle Licensor to terminate this License. 30.3 Entire Agreement. This Agreement contains all the terms, covenants, conditions and agreements between Licensor and Licensee relating in any manner to the 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 Atty /Agr /2011. 048 LIBRARY CAFE LICENSE 19 051311