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80A - AGMT WITH HABITAT FOR HUMANITY
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80A - AGMT WITH HABITAT FOR HUMANITY
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Last modified
11/12/2020 5:24:15 PM
Creation date
11/12/2020 3:26:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
11/17/2020
Destruction Year
2025
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11.7 Conditions Deemed Reasonable. Tenant acknowledges that each of the conditions <br />to a Transfer, and the rights of Lessor set forth in Article X in the event of a Transfer is a reasonable <br />restriction for the purposes of California Civil Code Section 1951.4. <br />11.8 Waiver by Tenant. Tenant's waiver of any breach by Lessor of any term, covenant <br />or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the <br />same or any other term, covenant or condition herein contained. <br />11.9 Tenant Covenants and Agreements. All covenants and agreements to be performed <br />by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost <br />and expenses and without any abatement of Rent. If Tenant shall fail to pay any sum of money, <br />other than Rent required to be paid by it hereunder, or shall fail to perform any other act on its part <br />to be performed hereunder, or to provide any insurance or evidence of insurance to be provided by <br />Tenant within the time period required under this Lease, then in addition to any other remedies <br />provided herein, Lessor may, but shall not be obligated to do so, and without waiving or releasing <br />Tenant from any obligations of Tenant, make any such payment or perform any such act on <br />Tenant's part to be made or performed as provided in this Lease or to provide such insurance. Any <br />payment or performance of any act or the provision of any such insurance by Lessor on Tenant's <br />behalf shall not give rise to any responsibility of Lessor to continue making the same or similar <br />payments or performing the same or similar acts. All costs, expenses, and other sums incurred or <br />paid by Lessor in connection therewith, together with interest at the Interest Rate from the date <br />incurred or paid by Lessor, shall be deemed to be Additional Rent hereunder and shall be paid by <br />Tenant within thirty (30) days of receipt of a demand and invoice from Lessor, and Tenant's failure <br />to pay the Lessor, as stated herein, shall constitute an Event of Default under this Lease. <br />ARTICLE XII <br />HOLDING OVER <br />If Tenant holds over after the expiration or earlier termination of the Term hereof without <br />the express written consent of Lessor, Tenant shall become a Tenant at sufferance only. If Tenant <br />fails to surrender the Premises and the Improvements as stated herein, and Lessor shall take legal <br />action to cause Tenant's eviction from the Premises and is successful in such action, Tenant shall <br />be responsible for all costs and expenses, including reasonable attorney's fees and costs, incurred <br />by Lessor in connection with such eviction action; Tenant shall also indemnify and hold Lessor <br />harmless from all loss or liability or reasonable attorney's fees and costs, including any claim made <br />by any succeeding tenant, incurred by Lessor founded on or resulting from such failure to <br />surrender. <br />ARTICLE XIII <br />ESTOPPEL CERTIFICATES <br />At any time and from time to time, within ten (10) business days after written request by <br />either Agency or Tenant (the "requesting party"), the other Party (the "responding party") shall <br />execute, acknowledge and deliver an estoppel certificate addressed to the requesting party, and/or <br />Page 128 <br />
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