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THRIVE SANTA ANA, INC. (4)
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THRIVE SANTA ANA, INC. (4)
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Last modified
12/29/2022 9:23:43 AM
Creation date
12/29/2022 9:22:45 AM
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Contracts
Company Name
THRIVE SANTA ANA, INC.
Contract #
A-2020-044-01
Agency
Community Development
Council Approval Date
3/3/2020
Insurance Exp Date
1/1/1900
Destruction Year
0
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11.6 Waiver by Lessor. No delay or omission of Lessor to exercise any right or remedy <br />shall be construed as a waiver of such right or remedy or any default by Tenant hereunder. The <br />acceptance by Lessor of Rent or any other sums hereunder shall not be (a) a waiver of any <br />preceding breach or default by Tenant of any provision thereof, other than the failure of Tenant to <br />pay the particular rent or sum accepted, regardless of Lessor's knowledge of such preceding breach <br />or default at the time of acceptance of such rent or sum, or (b) waiver of Lessor's right to exercise <br />any remedy available to Lessor by virtue of such breach or default. No act or thing done by <br />Lessor's agents during the term of this Lease shall be deemed an acceptance of a surrender of the <br />Premises, and no agreement to accept a surrender shall be valid unless in writing and signed by <br />Lessor. <br />11.7 Interest. Any installment or Rent due under this Lease or any other sums not paid to <br />Lessor when due (other than interest) shall bear interest at the Interest Rate from the date such <br />payment is due until paid, provided, however, that the payment of such interest shall not excuse or <br />cure the default. <br />11.8 Conditions Deemed Reasonable. Tenant acknowledges that each of the conditions <br />to a Transfer, and the rights of Lessor set forth in this Article X in the event of a Transfer is a <br />reasonable restriction for the purposes of California Civil Code Section 1951.4. <br />11.9 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 />11.10 Tenant Covenants and Agreements. All covenants and agreements to be <br />performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's <br />sole cost and expenses and without any abatement of Rent. If Tenant shall fail to pay any sum of <br />money, other than Rent required to be paid by it hereunder, or shall fail to perform any other act <br />on its part to be performed hereunder, or to provide any insurance or evidence of insurance to be <br />provided by Tenant within the time period required under this Lease, then in addition to any other <br />remedies provided herein, Lessor may, but shall not be obligated to do so, and without waiving or <br />releasing Tenant from any obligations of Tenant, make any such payment or perform any such act <br />on Tenant's part to be made or performed as provided in this Lease or to provide such insurance. <br />Any payment or performance of any act or the provision of any such insurance by Lessor on <br />Tenant's behalf shall not give rise to any responsibility of Lessor to continue making the same or <br />similar payments or performing the same or similar acts. All costs, expenses, and other sums <br />incurred or paid by Lessor in connection therewith, together with interest at the Interest Rate from <br />the date incurred or paid by Lessor, shall be paid by Tenant within thirty (30) days of receipt of a <br />demand and invoice from Lessor, and Tenant's failure to pay the Lessor, as stated herein, shall <br />constitute an Event of Default under this Lease. <br />ARTICLE XII <br />BOLDING OVER <br />12.1 If Tenant holds over after the expiration or earlier termination of the Term hereof <br />without the express written consent of Lessor, Tenant shall become a Tenant at sufferance only, at <br />Page131 <br />
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