25C - AGMT FIFTH ST PARKING LEASE

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Section 8.04 Compliance with Laws Tenant shall at Tenant's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Tenant's use and occupancy of the Lease Area, including the rules and regulations provided for the Parking Structure. The designated and assigned Residents to the Lease Area shall comply with local municipal codes, statutes, ordinances, rules and regulations related to use of a public parking structure, including the rules and regulations provided for and posted at the Parking Structure, now in force or hereinafter enacted. Any vehicle which does not comply with the terms of this Section may be subject to towing and removal as provided by the municipal code. The judgment of any court of competent jurisdiction, or the admission by a Resident in a proceeding brought against such Resident by any government entity, that Resident has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and such Resident, and as between Landlord and Tenant shall be considered grounds for termination of this Agreement by Landlord. Section 8.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. /The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. In the event Landlord's successor or assign obtains title to the Parking Structure upon foreclosure of a deed of trust or other collateral security instrument, or by reason of Landlord's bankruptcy or insolvency and resulting forced sale, this Agreement shall survive and continue and the successor shall honor this Agreement and Tenant shall attorn to said successor. Section 8.06 Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired,b"y the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.07 Waste or Nuisance Tenant shall not commit or permit the commission by Residents of any waste on the Lease Area. Tenant shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Parking Structure or Lease Area; and Tenant shall not use or permit the use of the Lease Area for any unlawful purpose. Section 8.08 Time of Essence Time is expressly declared to be of the essence in this Agreement. 12 25C-18