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Item 40 - Appropriation Adjustment and Lease Agreement with Aldridge Electric, Inc.
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Item 40 - Appropriation Adjustment and Lease Agreement with Aldridge Electric, Inc.
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2/28/2024 4:54:52 PM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
40
Date
2/20/2024
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<br />26. GENERAL PROVISIONS: <br />a.This Lease (and the documents referred to herein) constitutes the entire agreement <br />between the parties pertaining to the lease of Suite 300 contained herein and supersedes any and <br />all prior and contemporaneous agreements, representations and understandings, oral or otherwise, <br />between or among the 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 <br />their respective heirs, legatees, distributes, legal representatives, successors and assigns. <br />c. This Lease shall not be modified, amended or supplemented, in whole or part, <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 party <br />whose interests are adversely affected by such waiver. No waiver granted in any one instance shall <br />be construed as a continuing waiver applicable in any other instance. <br />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 />Page 10 of 12
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