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<br />Authority, the City may exercise any and all remedies granted by law, except that no merger of
<br />this Site Lease and of the Lease Agreement shall be deemed to occur as a result thereof.
<br />
<br />Section 11. Quiet Enjoyment. The Authority, at all times during the term of this Site
<br />Lease, shall peaceably and quietly have, hold and enjoy all of the Site subject to the provisions
<br />of this Site Lease and the Lease Agreement.
<br />
<br />Section 12. Waiver of Personal Liability. All liabilities under this Site Lease on the part of
<br />the Authority or the Assignee are solely liabilities of the Authority or the Assignee,
<br />respectively, and the City hereby releases each and every, member, director, officer, employee
<br />and agent of the Authority and the Assignee of and from any personal or individual liability
<br />under this Site Lease. No member, director, officer, employee or agent of the Authority or the
<br />Assignee shall at any time or under any circumstances be individually or personally liable
<br />under this Site Lease for anything done or omitted to be done by the Authority or the Assignee
<br />hereunder.
<br />
<br />Section 13. Taxes. All assessments of any kind or character and also all taxes, including
<br />possessory interest taxes, levied or assessed upon the Site (including both land and
<br />improvements) will be paid in accordance with the Lease Agreement.
<br />
<br />Section 14. Use of the Proceeds. The City and the Authority hereby agree that the lease
<br />to the Authority of the City's right and interest in the Site pursuant to Section 1 serves the
<br />public purposes of the City by providing funds to enable the City to finance the Improvements.
<br />The City hereby agrees that the proceeds of the assignment of the Lease Payments shall be used
<br />solely for the purpose of paying the costs of financing the Improvements.
<br />
<br />Section 15. Partial Invalidity. If anyone or more of the terms, provisions, covenants or
<br />conditions of this Site Lease shall, to any extent, be declared invalid, unenforceable, void or
<br />voidable for any reason whatsoever by a court of competent jurisdiction, the finding, order or
<br />decree of which becomes final, none of the remaining terms, provisions, covenants and
<br />conditions of this Site Lease shall be affected thereby, and each provision of this Site Lease shall
<br />be valid and enforceable to the fullest extent permitted by law.
<br />
<br />Section 16. Notices. All notices, statements, demands, consents, approvals,
<br />authorizations, offers, designations, requests or other communications hereunder by either
<br />party to the other shall be in writing and shall be sufficiently given and served upon the other
<br />party if delivered personally or if mailed by United States registered mail, return receipt
<br />requested, postage prepaid, and, if to the City, addressed to the City in care of the City
<br />Manager, City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92702, or if to the Authority,
<br />addressed to the Authority in care of the Executive Director, Santa Ana Financing Authority, 20
<br />Civic Center Plaza, Santa Ana, CA 92702, or to such other addresses as the respective parties
<br />may from time to time designate by notice in writing; provided, however, that the party giving
<br />notice to the other under this Site Lease shall also give such notice to the Assignee at
<br />, 275 Broadhollow Road, Melville, NY 11747, Attention: Jonathan
<br />Lewis, or at such other address as the Assignee may from time to time designate by notice in
<br />writing.
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