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Item 12 - Lease and License Agreement Amendments with Greyhound Lines, Inc.
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01/18/2022 Regular & Special SA
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Item 12 - Lease and License Agreement Amendments with Greyhound Lines, Inc.
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Agenda Packet
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Clerk of the Council
Item #
12
Date
1/18/2022
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(d) If any legal action or other proceeding is brought for the enforcement hereof, or <br />because of an alleged dispute, breach, default or misrepresentation in connection with any <br />provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' <br />fees, court costs and all expenses even if not taxable as court costs (including, without limitation, <br />all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in <br />addition to any other relief to which such party or parties may be entitled. <br />(e) The parties hereby agree that each party and its attorneys have reviewed and revised <br />this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved <br />against the drafting party, shall not be employed in the interpretation of this Lease and no other <br />rule of strict construction shall be used against any party. All exhibits and schedules attached or <br />to be attached hereto, and all other agreements and instruments referred to herein, are hereby <br />incorporated herein by reference, as fully as if copied herein verbatim. <br />(f) This Lease shall be governed by the internal laws of the State of California without <br />regard to and excluding its principles of conflicts of laws. <br />(g) The parties further agree that upon request, they shall do such further acts and <br />deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, <br />as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and <br />purposes of this Lease. <br />(h) Unless the context in which used clearly requires another construction, throughout <br />this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the <br />neuter gender shall include the masculine or both, and the singular of terms shall include the plural <br />and vice versa. The section headings are for convenience only and shall not affect the construction <br />hereof. <br />(i) If any one or more of the provisions hereof shall for any reason be held invalid, <br />illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not <br />affect the validity or enforceability of any other provision hereof, which shall be construed as if <br />such invalid, illegal or unenforceable provision had never been contained herein. The parties intend <br />that if any provision hereof is capable of two constructions, one of which would render the <br />provision void and the other of which would render the provision valid, then the provision shall <br />have the meaning which renders it valid. <br />0) Time is of the essence in the performance of each party's respective obligations. <br />(k) This Lease may be executed simultaneously in one or more counterparts, each of <br />which shall be deemed an original, but all of which taken together shall constitute one in the same <br />instrument, and it shall not be necessary that any single counterpart bear the signatures of all <br />parties. <br />(1) Unless expressly stated to be exclusive, no remedy conferred herein shall be <br />deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter <br />available at law or equity. All remedies conferred herein, and all remedies now or hereafter <br />LN <br />
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