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<br />DO NOT RECORD <br /> <br />Section 8.09 Time of Essence <br /> <br />Time is expressly declared to be of the essence in this Agreement. <br /> <br />Section 8.10 Governing Law <br /> <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this <br />Agreement shall be determined and governed by the laws of the State of California. Both <br />parties further agree that Orange County, California, shall be the venue for any action or <br />proceeding that may be brought or arise out of, in connection with or by reason ofthis <br />Agreement. <br /> <br />Section 8.11 Survival <br /> <br />Terms and conditions ofthis Agreement which by their sense and context survive the <br />termination or expiration of this Agreement, shall so survive. <br /> <br />Section 8.12 State of Emergency/Public Necessity <br /> <br />Due to the fact that The Depot has been designated a Homeland Security Evacuation <br />Center, upon the declaration of a state of emergency/public necessity, Landlord may, give <br />immediate notice in writing to Tenant to suspend or revoke normal operation under this <br />Agreement without liability to Tenant when the emergency/public necessity so requires, <br />or to suspend operation immediately hereunder temporarily in the event of such public <br />emergency, as may be determined by the City Manager. Such suspension will terminate <br />as soon as the public necessity or emergency no longer exists. Tenant shall be <br />compensated for any time of suspended use or operation by Landlord in the form of an <br />equal amount oftime added onto the term ofthe Agreement by Landlord (i.e. Tenant <br />suspends operation for 2 months due to state of emergency, Agreement Term is extended <br />an additional 2 months). <br /> <br />Section 8.13 Conflict of Interest <br /> <br />Tenant covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of this Agreement. <br /> <br />Section 8.14 Attorney's Fees <br /> <br />In the event suit is brought by either party to enforce the terms and provisions of this <br />Agreement or to secure the performance hereof, each party shall bear its own attorney's <br />fees. <br /> <br />Section 8.15 Exclusivity and Amendment <br /> <br />11 <br />