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<br />43 <br />Further, notice by facsimile or electronic mail alone shall not be acceptable for notices of <br />demand, breach, default, assignment, or change of notice address. <br />28.2 Living Wage Ordinance <br />The City of San Leandro adopted Ordinance No. 2007-018, a Living Wage Ordinance <br />(LWO) that became effective September 1, 2007. The term "living wage" represents an hourly <br />wage set at a level higher than the federal or state minimum wage. San Leandro's Living Wage <br />Ordinance provides a minimum pay rate and benefit requirement for workers in organizations <br />that do business with the City of San Leandro. The City of San Leandro’s LWO affects licenses <br />that, during the period from July 1 to June 30, generate a cumulative revenue to the City in the <br />amount of $25,000 or more. In addition, the Licensee must have six (6) or more employees, and <br />said employee engaged in work directly related to the License must spend more than 25% of <br />their working time on work associated with the License. Finally, the LWO affects Licensees who <br />generate $350,000 or more in annual (calendar) gross receipts. More information about the <br />LWO is available on the City’s website at: <br /> https://www.sanleandro.org/depts/finance/livwage/default.asp <br /> <br />28.3 No Implied Waiver. <br />No failure by either party to insist upon the strict performance of any obligation of the <br />other under this Master License or to exercise any right, power, or remedy arising out of a breach <br />thereof, irrespective of the length of time for which such failure continues, will constitute a waiver <br />of such breach. No acceptance by the City or any of its Agent of full or partial payment of License <br />Fees or Additional Fees during the continuance of any such breach will constitute a waiver of <br />such breach or of the City’s right to demand strict compliance with such term, covenant, or <br />condition or operate as a waiver of any requirement of this Master License. No express waiver <br />by either party of any default or the performance of any provision hereof will affect any other <br />default or performance, or cover any other period of time, other than the default, performance or <br />period of time specified in such express waiver. One or more waivers of a default or the <br />performance of any provision hereof by either party will not be deemed to be a waiver of a <br />subsequent default or performance. The City’s consent given in any instance under the terms of <br />this Master License will not relieve Licensee of any obligation to secure the City’s consent in any <br />other or future instance under the terms of this Master License. <br />28.4 Amendments. <br />No part of this Master License (including all Pole Licenses) may be changed, waived, <br />discharged, or terminated orally, nor may any breach thereof be waived, altered, or modified, <br />except by a written instrument signed by both parties. <br />28.5 Interpretation of Licenses. <br />The following rules of interpretation apply to this Master License: <br />28.5.1 General. Whenever required by the context, the singular includes the <br />plural and vice versa; the masculine gender includes the feminine or neuter genders and <br />vice versa; and defined terms encompass all correlating forms of the terms (e.g., the <br />definition of “indemnify” applies to “indemnity,” “indemnification,” etc.). <br />28.5.2 Multi-party Licensee. If there is more than one Licensee, the obligations <br />and liabilities under this Master License imposed on Licensee will be joint and several <br />among them. <br />28.5.3 Captions. The captions preceding the articles and sections of this Master <br />License and in the table of contents have been inserted for convenience of reference and