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EXHIBIT 1 <br />ARTICLE 12- OTHER PROVISIONS <br />Force Majeure <br />Section 12.01. Except as otherwise expressly provided in this lease, if the performance <br />of any act required by this lease to be performed by either City or District is prevented or <br />delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, <br />restrictive governmental laws or regulations, or any other cause (except financial inability) not <br />the fault of the party required to perform the act, the time for performance of the act will be <br />extended for a period equivalent to the period of delay and performance of the act during the <br />period of delay will be excused. However, nothing contained in this section shall excuse the <br />prompt payment of rent by District as required by this lease or the performance of any act <br />rendered difficult or impossible solely because of the financial condition of the party required <br />to perform the act. <br />Attorneys' Fees <br />Section 12.02. Should any litigation be commenced between the parties to this lease <br />concerning the Premises, this lease, or the rights and duties of either in relation thereto, the <br />party prevailing in that litigation shall be entitled, in addition to any other relief that may be <br />granted in the litigation, to a reasonable sum as and for the party's attorneys' fees in that <br />litigation that shall be determined by the court in that litigation or in a separate action brought <br />for that purpose. <br />Notices <br />Section 12.03. Except as otherwise expressly provided by law, any and all notices or <br />other communications required or permitted by this lease or by law to be served on or given to <br />the parties shall be in writing and shall be deemed duly served and given when personally <br />delivered to either party, or, in lieu of personal service, when deposited in the United States <br />mail, first-class postage prepaid, or sent by express mail that allows for tracking, or delivered by <br />Fed Ex or any similar commercial courier and sent by next -day delivery where the signature of <br />the recipient is required, addressed in all cases to the parties as indicated below. Either party <br />may change its address for purposes of this Section by giving written notice of the change as <br />specified in this Section. <br />a) Notice to City/City: <br />Clerk of Council <br />City of Santa Ana <br />20 Civic Center Plaza, M-30 <br />Post Office Box 1988 <br />Santa Ana, California 92702 <br />And, <br />#iznazVz <br />75B-23 <br />