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38. AUTHORITY (4.8 S) <br />The persons executing the SUBLEASE below on behalf of County or Sublessor warrant that they have the <br />power and authority to bind County or Sublessor to this Sublease. <br />39. SUBLEASE ORGANIZATION (4.9 S) <br />The various headings in this Sublease, the numbers thereof, and the organization of the Sublease into separate <br />sections and paragraphs are for purposes of convenience only and shall not be considered otherwise. <br />40. SUCCESSORS IN INTEREST (5.0 S) <br />Unless otherwise provided in this Sublease, the terms, covenants, and conditions contained herein shall apply <br />to and bind the heirs, successors, executors, administrators, and assigns of all the Parties hereto, all of whom <br />shall be jointly and severally liable hereunder. <br />41. DESTRUCTION OF OR DAMAGE TO PREMISES (5.1 S) <br />In the event that the Premises are damaged or destroyed and either (a) the Master Lease is terminated in <br />accordance with its provisions, or (b) the cost of restoring the Premises is more than One Hundred Thousand <br />Dollars ($100,000), either Party may terminate this Sublease at its option. <br />42. AMENDMENT (5.2 S) <br />This Sublease sets forth the entire agreement between Sublessor and County and any modification must be in <br />the form of a written amendment. <br />43. PARTIAL INVALIDITY (5.3 S) <br />If any term, covenant, condition, or provision of this Sublease is held by a court of competent jurisdiction to <br />be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect <br />and shall in no way be affected, impaired, or invalidated thereby. <br />44. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (5.4 S) <br />If either Party hereto shall be delayed or prevented from the performance of any act required hereunder by <br />reason of Force Majeure as defined below in Clause 57 (FORCE MAJEURE), performance of such act shall <br />be excused for the period of the delay; and the period for the performance of any such act shall be extended <br />for a period equivalent to the period of such delay. Financial inability shall not be considered a circumstance <br />excusing performance under this Sublease. <br />45. STATE AUDIT (5.5 S) <br />Pursuant to and in accordance with Section 8546.7 of the California Government Code, in the event that this <br />Sublease involves expenditures and/or potential expenditures of State funds aggregating in excess of ten <br />thousand dollars ($10,000), Sublessor shall be subject to the examination and audit of the Auditor General of <br />the State of California for a period of three years after final payment by County to Sublessor under this <br />Sublease. The examination and audit shall be confined to those matters connected with the performance of <br />the contract, including, but not limited to, the costs of administering the contract. <br />Es: 9/20/18 Page 9 of 17 <br />SUBLEASE $01 Civic Center <br />