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7.A. - Page 258 <br /> 18. Applicable Law and Venue. This Agreement and all rights and remedies of the parties <br /> hereto shall be construed and enforced in accordance with the laws of the State of California. In <br /> the event that suit shall be brought by either party to this Agreement, the parties agree that <br /> venue shall be exclusively vested in the State courts of the County of San Mateo. <br /> 19. Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this <br /> Agreement shall be implied from any omission by any other party to take any action in respect <br /> of such default if such default continues or is repeated. No express waiver of any default shall <br /> affect any default or cover any period of time other than the default and period of time specified <br /> in such express waiver. One or more waivers of any default in the performance of any term, <br /> provision or covenant contained in this Agreement shall not be deemed to be a waiver of any <br /> subsequent default in the performance of the same term, provision or covenant or any other <br /> term, provision or covenant contained in this Agreement. The consent or approval by any party <br /> to or of any act or request by any other party requiring consent or approval shall not be deemed <br /> to waive or render 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 deemed to be <br /> cumulative and no such rights and remedies shall be exclusive of any of the others, or of any <br /> other right or remedy at law or in equity which any such party might otherwise have by virtue of <br /> a default under this Agreement, and the exercise of one such right or remedy by any such party <br /> shall not impair such party's standing to exercise any other right or remedy. <br /> 20. Counterparts. This Agreement may be executed in any number of counterparts, each <br /> of which shall be deemed an original, and when taken together they shall constitute one and the <br /> same Agreement. Signatures may be made by telecopy provided the original is promptly mailed <br /> to the other party. <br /> 21. Recitals. The recitals above are incorporated by reference as though fully set forth in <br /> the Agreement. <br /> LICENSEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND <br /> UNDERSTANDS THE CONTENTS OF THIS LICENSE, HAS HAD AN OPPORTUNITY TO <br /> REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO <br /> COMPLY WITH AND BE BOUND BY ALL OF ITS PROVISIONS. <br /> IN WITNESS WHEREOF the parties have executed this Agreement as of the day and <br /> date first above written. <br /> [Signatures on following page] <br /> 82483.00009\8012138.4 9 <br /> ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM <br /> REV: 07-19-13 PT <br />