|
24. The Tenant may at any time terminate the Lease by providing the City thirty (30) days
<br />advance prior written notice in accordance with Section 22 of this Lease.
<br />25. GENERAL PROVISIONS:
<br />(a) This Lease (and the documents referred to herein) constitutes the entire agreement between
<br />the parties pertaining to the lease of Suite 105B contained herein and supersedes any and all prior and
<br />contemporaneous agreements, representations and understandings, oral or otherwise, between or among the
<br />parties with respect to the matters contained herein.
<br />(b) This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their
<br />respective heirs, legatees, distributes, legal representatives, successors and assigns.
<br />(c) This Lease shall not be modified, amended or supplemented, in whole or part, without the
<br />prior written consent of all parties hereto, Each and every waiver of any covenant, representation, warranty
<br />or any other provision hereof must be in writing and signed by each party whose interests are adversely
<br />affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver
<br />applicable in any other instance.
<br />(d) If any legal action or other proceeding is brought for the enforcement hereof, or because of
<br />an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the
<br />successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all
<br />expenses 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 such party
<br />or parties may be entitled.
<br />(c) The parties hereby agree that each party and its attorneys have reviewed and revised this
<br />Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the
<br />drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict
<br />construction shall be used against any party. All exhibits and schedules attached or to be attached hereto,
<br />and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as
<br />fully as if copied herein verbatim.
<br />(f) This Lease shall be governed by the internal laws of the State of California without regard
<br />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 deeds, and
<br />shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably
<br />necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease.
<br />(h) Unless the context in which used clearly requires another construction, throughout this
<br />Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender
<br />shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The
<br />section headings are for convenience only and shall not affect the construction hereof.
<br />(i) If any one or more of the provisions hereof shall for any reason be held invalid, illegal or
<br />unenforceable in any respect, such invalidity, illegality or unenforecability shall not affect the validity or
<br />enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or
<br />unenforceable provision had never been contained herein. The parties intend that if any provision hereof is
<br />capable of two constructions, one of which would render the provision void and the other of which would
<br />render the provision valid, then the provision shall have the meaning which renders it valid.
<br />8
<br />
|