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Item 12 - Santa Ana Regional Transportation Center - Lease Agreement
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04/06/2021 Regular
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Item 12 - Santa Ana Regional Transportation Center - Lease Agreement
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Agenda Packet
Agency
Clerk of the Council
Item #
12
Date
4/6/2021
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(d) This Lease shall not be modiFed, amended or supplemented, in whole or par[, <br />without the prior written consent of all parties hereto. Each and every waiver of any covenant, <br />representation, warranty or any other provision hereof must be in writing and signed by each <br />party whose interests are adversely affected by such waiver. No waiver granted in any one <br />instance shall be construed as a continuing waiver applicable in any other instance. <br /><e) 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 <br />reasonable and necessary attorneys' fees, court costs and all reasonable and necessary expenses <br />even if not taxable as court costs (including, without limitation, all such fees, costs and expenses <br />incident to appeals), incurred in that action or proceeding, in addition to any other relief to which <br />such party or parties may be entitled. <br />(f) This Lease shall be governed by the internal laws of the State of California <br />without 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 <br />instmments, as may be reasonably necessary from time to time to evidence, confirm or carry out <br />the intent and 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 o£terms shall include the <br />plural and vice versa. The section headings aze fot convenience only and shall not affect [he <br />constrnc[ion hereof. <br />(i) If any one or more o£the provisions hereof shall for any reason be held invalid, <br />illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shalt 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 <br />intend that if any provision hereof is capable of two constructions, one of which would render <br />the provision void and the other of which would render the provision valid, then the provision <br />shall have the meaning which renders it valid. <br />(j) 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 <br />same instrument, and it shall not be necessary that any single counterpart bear the signatures of <br />all 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 <br />hereaRer available at law or equity. All remedies conferred herein, and all remedies now or <br />0 <br />
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