FULL AGENDA PACKET_2021-04-06 - Laserfiche WebLink

Home Browse Search

(d) "This Lease shall not be modified, amended or sttpplcmentcd, in whole or part, without the prior written consent of all parties hiaeto. Bach and every waiver of any covenant, mepm esenlation, warranty or ally other provision hereof nwst be in writing and signed by each party whose uuerests are adversely affected by such waiver. No waiver granted in any one; instance shall be construed its it continuing waiver applicable in tiny other instance. (e) Ifany lej.;`.al action or otherproeeeding is brought to] the enforecinent hereof, or because of an alleecd dispute, breach, default of misrepresentation m connection with any provisions hereof, the successtitl or prevailing patty or parties shall be entitled to recover reasonable and necessary attorneys' fees, court costs and all reasonable and necessary expenses even if not taxable as court costs (including, without limitation, ,,ill such fees, costs arud expenses incident to appeals), incurred in drat action of proceeding, in addition to any other relief to which such parlay or parties may be crftitled. (t) This Lease ase shall be governed by the internal laws of the State of California Without regard to and excluding its principles ofconflicts of laws. (g) The pa dies iurtbe f agree that upon request, they shall do such fuuhcr arts and deeds, and shall execute, acknowledi2c, deliver and record such other documents and instruments, as may be icasonably ncccssary fion tine to time to evidence, confirm rn' ciltry out thee intent and purposes ofthis Lease. (11) Unless the context in which used clearly requires another construction, throughout this Lcase, the masculine gendef shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singtilar of tcnm shall Include the plural and vice versa The section headings are for convenience only and shall not affect the construction hcreot. (i) If any one or store oI'tIle provisions he.reol'sludl for any reason be held invalid, illegal orunenfixceablc. in any fe,pect, such invalidity, illegality of futenforocability shall not affect the: validity of cuforceability ol'any other provision hereof, which shall be construed as if such invalid, illel„al or unenforceable provision had never been contained herein. The patties intend that ifany provision hereof is Capable o I' Iwo consn'uctioils, one of which would render the provision void and the other of which wont(] render the provision valid, then the provision shall have the meaninpt which renders it valid. (j) Tine is of the essence in the performance of each p nty's respective obligations. (k) This Lease may be cxeaned simultaneously in one or more counterparts, each of which shall lie deemed an original, but all of which taken together shall consntute one in the sane instrument, and it shall not be necessary that any simile connicf-matt bear the signanues of all parties. (1) Unless expressly stated to be exclusive, no icnnecty conferred herein shall be deemed to bee exclusive of any other remedy confene'td limin or any other remedy now or hereallei available at law or equity. All renfedies conferred herein, and all remedies now or   Cify (Atoned  l2 –&nhsp;1^ 4/62021 &II)Sp;