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<br />8. Real Propertv Taxes. Owner shall be liable for all real property taxes that may be assessed <br />against the Property. <br /> <br />9. Subleasing of Property. City shall not sublet the Property without the written consent of Owner. <br /> <br />10. Inspection bv Owner. Owner shall have the right to inspect the Property on twenty-four (24) <br />hours prior written notice to City. <br /> <br />11. Breach. Failure to comply with any term, condition or provision in this Agreement shall <br />constitute a breach. Except as otherwise provided in this Agreement, the non-breaching party <br />(the "Complaining Party") shall give written notice of default to the party in default (the <br />"Defaulting Party"), specifying in reasonable detail the nature of the default, and the Defaulting <br />Party shall have five (5) days following receipt of notice to cure the default. Except as required <br />to protect against further damages, the Complaining Party shall not initiate legal proceedings <br />against the Defaulting Party unless the default is not cured within such five (5) day period, or, if <br />the default is of a nature requiring more than five (5) days to cure, the Defaulting Party <br />commences to cure the default within such five (5) day period and diligently pursues such cure to <br />completion within a reasonable time, but in no event more than ten (10) days after receipt of <br />notice of default. Failure or delay in giving notice of default shall not constitute a waiver of any <br />default, nor shall it change the time of default. Any uncured breach of this Agreement may result <br />in termination of this Agreement. <br /> <br />12. Non-Waiver. Failure to exercise, or any delay in exercising, any right Owner may have or be <br />entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any <br />other right in the event of a subsequent default. <br /> <br />13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws <br />of the State of California. <br /> <br />14. Partial Invaliditv. Any provision in this Agreement that is held unenforceable or invalid or which <br />would adversely affect the validity, legality, or enforceability of this Agreement shall have no <br />force or effect, but all remaining provisions ofthis Agreement shall remain in full force. <br /> <br />15. Modifications. No modification, rescission, waiver, release or amendment of any provision of <br />this Agreement shall be made except by a written agreement executed by City and the Owner or <br />duly authorized representative of Owner. <br /> <br />16. Assignment bv Citv Prohibited. In no event shall City assign or transfer any portion ofthis <br />Agreement or any rights herein without the prior express written consent of Owner, which <br />consent Owner may give or withhold in its sole and absolute discretion. <br /> <br />17. Relationship ofCitv and Owner. The relationship of City and Owner pursuant to this Agreement <br />is that of Owner-tenant, and the City shall not be, or be construed to be, a joint venture, equity <br />venture, partnership or other relationship. <br /> <br />18. Notices. Except as otherwise expressly provided in this Agreement, in every case when, under <br />the provisions of this Agreement, it shall be necessary or desirable for one party to serve any <br />notice, request, demand, report or other communication on another party, the same shall be in <br />writing and shall not be effective for any purpose unless served (i) personally, (ii) by independent <br />reputable, overnight commercial courier, or (iii) by prepaid, registered or certified mail, with <br />return receipt requested, addressed as follows: <br /> <br />Page 3 of5 <br /> <br />