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subsections of this Agreement are for convenience and easy reference only and <br /> shall not be considered or referred to in resolving questions of construction. <br /> Whenever in this Agreement any words of obligation or duty are used, such <br /> words shall have the same force and effect as though made in the form of <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 to have this Agreement continue in effect. Should any <br /> provision of this Agreement be adjudged to be invalid, void or illegal, such <br /> adjudication shall in no way effect, impair or invalidate any other provisions <br /> hereof, the parties hereto agreeing that they would have entered into the <br /> remaining portion of this Agreement notwithstanding the omission of the portion <br /> or portions adjudged invalid, void or illegal. <br /> 30.5 Relationship of the Parties. Nothing contained in this Agreement shall be <br /> deemed or construed by the parties hereto, or by a third person, to create the <br /> relationship of principal and agent, or of partnership, or of joint venture, or of <br /> trustee and beneficiary, or of any association between Licensor and Licensee, <br /> and neither any provisions contained in this License nor any acts of the parties <br /> hereto, shall be deemed to create any relationship between Licensor and <br /> Licensee other than the relation of Licensor and Licensee. <br /> 30.6 Time. Time is of the essence with respect to the performance of every provision <br /> of this Agreement in which time of performance is a factor. <br /> 30.7 Notice. Any notice, request, demand, approval or consent given or required to <br /> be given under this Agreement shall be in writing 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 respective addresses stated below or to the last changed address <br /> given by the party to be notified as hereinafter specified, or may be done by <br /> personal service: <br /> Licensee: Licensor: <br /> Marielena Enriquez and Edgar Maldonado <br /> DBA Sea Link Cafe City of Redwood City <br /> 19390 Calle De Barcelona Attn: Library Director <br /> Cupertino, Ca 95014 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> 30.8 Waiver of Default: Cumulative Remedies. No waiver of any default by any party <br /> to this License shall be implied from any omission by any other party to take any <br /> action in respect of such default if such default continues or is repeated. No <br /> express waiver of any default shall affect any default or cover any period of time <br /> other than the default and period of time specified in such express waiver. One <br /> or more waivers of any default 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 performance of the same term, provision or covenant <br /> or any other term, provision or covenant contained in this Agreement. The <br /> consent or approval by any party to or of any act or request by any other party <br /> requiring consent or approval shall not be deemed to waive or render <br /> Atty /Agr /2011. 048 LIBRARY CAFE LICENSE 20 <br /> 051311 <br />