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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 /> 30.9 Attachments. All attachments attached hereto and referred to herein are hereby <br /> incorporated by reference as if fully set forth herein. <br /> 30.10 Force Maieure. 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 "Force 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 in accordance with the procedures set forth in Section 19. <br /> 30.11 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 /> 30.12 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 /> 30.13 Governing Law. This License shall be governed and construed in accordance <br /> with the statutes and laws of the State of California. <br /> 30.14 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 /> 30.15 Accord and Satisfaction. No payment by Licensee or receipt by Licensor of a <br /> lesser amount than the license fee herein stipulated shall be deemed to be other <br /> than on account of the earliest stipulated license fee, nor shall any endorsement <br /> or statement on any check or any letter accompanying any check or payment as <br /> license fee be deemed and accord and satisfaction, and Licensor may accept <br /> such check or payment without prejudice to Licensor's right to recover the <br /> balance of such license fee or pursue any other remedy in this Agreement <br /> provided. <br /> 30.16 Permits and Approvals. All government permits or approvals are required. <br /> Approval by Licensor of any action requiring approval does not constitute <br /> Atty /Agr /2011. 048 LIBRARY CAFE LICENSE 21 <br /> 051311 <br />