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DO NOT RECORD <br />Section 8.08 Repairs <br />Tenant shall be required to make any repairs to the Premises occurring from damages <br />caused by Tenant, its employees, agents, contractors, and subcontractors. <br />Section 8.09 Time of Essence <br />Time is expressly declared to be of the essence in this Agreement. <br />Section 8.10 Governing Law <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, Califomia, shall be the venue for any action or <br />proceeding that maybe brought or arise out of, in connection with or by reason of this <br />Agreement. <br />Section 8.11 Survival <br />Terms and conditions of this Agreement which by their sense and context survive the <br />termination or expiration of this Agreement, shall so survive. <br />Section 8.12 State of Emergency/Public Necessity <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. Rent shall be abated <br />during such suspension and, at Tenant's election, the term shall be extended by an <br />amount of time equal to the duration of the suspension (i.e. Tenant suspends operation for <br />2 months due to state of emergency, the Term shall be extended 2 months). <br />Section 8.13 Conflict of Interest <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 />Section 8.14 Attorney's Fees <br />SDH~30209.0104~3679112 6/16/2008 10 <br />