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FULL PACKET_2008-11-17
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FULL PACKET_2008-11-17
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1/3/2012 4:26:33 PM
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11/12/2008 2:32:21 PM
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TENANT acknowledges that it is familiar with the language and provisions of California Civil Code <br />Section 1542 which provides as follows: <br />A general release does not extend to claims rrhich the creditor does not know or suspect to exist <br />in hi.s javor at the time afe-xecuting the release. ivhich, ifknrnrn ht= him, nntst have materiallt <br />q#ected his settlement with the cleblor. <br />Tl NANT, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its <br />provisions to the extent described in this paragraph. <br />11. TAXES AND ASSESSMENTS (PNIGE11.2 S) <br />This Lease may create a possessory interest which IS Subject to the payment of taxes levied on such <br />interest. It is understood and agreed that all taxes and assessments (including but not limited to said. <br />possessory interest tax) which become due and payable upon the Pretnises or upon fixtures. equipment,. <br />or other property installed or constructed thereon, shall be the full responsibility of'11"NANT, and <br />"l l VANT shall cause said taxes and assessments to be paid promptly. <br />12. SUCCESSORS IN INTEREST (PY1GE12.2 S) <br />Unless otherwise provided in this Lease, the terms. covenants, and conditions contained herein shall <br />apply to and bind the heirs, successors. executors, administrators, and assigns of all the parties hereto, all <br />of whom shall be jointly and severally liable hereunder. <br />1.3. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (PMGE13.2 S) <br />If hither party shall be delayed or prevented from the performance ol'ruvy act required hereunder by <br />reason of Acts of God. restrictive governmental laws or regulations, or other cause without fault and <br />beyond the control of the party obligated (financial inability excepted), performance of such act shall be <br />excused for the period of the delay and the period for the performance of any such act shall be extended <br />for a period equivalent to the period of such delay. Ilowes-er, nothing in this Clause shall excuse <br />TENANT from the prompt payment of any rental or other charge required of'IT'NIANT except as may be <br />expressly provided elsewhere in this I:ease. <br />14. PARTIAL INVALIDITY (PMGEI4.2 S) <br />If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to <br />be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and <br />effect and shall in no way be affected. impaired, or invalidated thereby. <br />15. WAIVER OF RIGHTS (PMGE15.2 S) <br />The failure of DISTRIC I' or TENANT to insist upon strict performance of any of the terms, covenauits, <br />or conditions of this Lease shall not be deemed a waiver of'any right or remedy that DISTRICT or <br />` ENvANT may have.. and shall not be deemed a waiver of the right to require strict performance of all the <br />terms, covenants, and conditions of the Lease thereafter. nor a waiver of any rernedy for the subsequent <br />breach or default of any term, covenant, or condition of the Lease. Any waiver, in order to be effective, <br />must be signed by the party whose right or remedy is being waived. <br />Sania Ana River Channel (11"71-R 15 i2 ) n 1 <br />€ "ihh SLi ect Trinnele l.cas (RFV {)R.1 ,08) <br />20C-46
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