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12. CIRCUMSTANCES WATCH EXCUSE PERFORMANCE (PM(-,E1.3.2 S) If either party shall be delayed or prevented from the performance of any act: required hereunder by reason of facts of God, restrictive goveraumental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial inability excepted), perl'orinmice of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of'such delay. However. nothing in this Clause shall excuse T1 NAN`I' from the prompt payment of any rental or other charge required of 'ITNAN"l except as may be expressly provided elsewhere in this Lease 13. PARTIAL INVALIDI'T'Y (PMGE14.2 S) If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable.. the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired. or invalidated thereby. 14. WAIVER OF RIGHTS (PMGE15.2 S) The failure of DISTRICT or TENANT to insist upon strict performance ofany of-the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that DISTRICT or TENANT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms.. covenants. and conditions of the Lease thereafter. nor a waiver of any remedy for the subsequent breach or default of any term, covenant. or condition of the Lease. Any waiver, in order to be effective. must be signed by the party whose right or remedy is being waived. 15. DE FAULT" AND REMEDIES (I'MGE16.2 N) A. Events Of Default The occurrence; of any one or more of the following events shall constitute a default hereunder by TENANT: I. The abandonment or vacation of the Premises by TENANT. 2. The failure by TENANT to make any payment of rent or any other sum payable hereunder by'I'FNANT, as and when due, where such failure shall continue for a period of three (7) days after written notice thereof from DISTRICT to TENAN` ., provided. however, that any such notice shall be in lieu of, and not in addition to. any notice required under California Code of Civil Procedure Section 1161 et sect. y The failure or inability by TENANT to observe or perform. any of the provisions of this Lease to be observed or performed by TENANT, other than specified in subparagraphs A.1. or A.2. above, where such failure shall continue for a period often (1.0) days after written notice thereof from DISTRICT to TENANT; provided, however, that any such notice shall be in lieu of and not in addition to, any notice required under California Code of t'ivil Procedure Section 1161 et sect.; provided, further, that if the nature of such failure is such that it can be cured by TENANTbut that more than ten (10) days are reasonably required for its cure (for any reason other than financial inability), then TENANT shall not be deemed to be in default if"I I NA_N'l' slaal.l con]nlence such cure within said ten (10) days, and thereafter diligently prosecGates such cure to completion. SwitaAnaRiver Channel Vdn a Park C.; gas (RIN I G.21)08 ! 20D-47