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Santa Ana River Channel <br />E01- R1551, R1553 <br />12. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (PMGE13.2 S) <br />If either party shall be delayed or prevented from the performance of any 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 <br />be excused for the period of the delay and the period for the performance of any such act shall be <br />extended for a period equivalent to the period of such delay. However, nothing in this Clause shall <br />excuse TENANT from the prompt payment of any rental or other charge required of TENANT <br />except as may be expressly provided elsewhere in this Lease <br />13. PARTIAL INVALIDITY (PMGE14.2 S) <br />If any term, covenant, condition, or provision of this Lease is held by a court of competent <br />jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain <br />in full force and effect and shall in no way be affected, impaired, or invalidated thereby. <br />14. WAIVER OF RIGHTS (PMGE15.2 S) <br />The failure of DISTRICT or TENANT to insist upon strict performance of any of the terms, <br />covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that <br />DISTRICT or TENANT may have, and shall not be deemed a waiver of the right to require strict <br />performance of all the terms, covenants, and conditions of the Lease thereafter, nor a waiver of any <br />remedy for the subsequent breach or default of any term, covenant, or condition of the Lease. Any <br />waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. <br />15. DEFAULT AND REMEDIES (PMGE16.2 N) <br />A. Events Of Default <br />The occurrence of any one or more of the following events shall constitute a default hereunder <br />by TENANT: <br />1. The abandonment or vacation of the Premises by TENANT. <br />2. The failure by TENANT to make any payment of rent or any other sum payable <br />hereunder by TENANT, as and when due, where such failure shall continue for a period <br />of three (3) days after written notice thereof from DISTRICT to TENANT; provided, <br />however, that any such notice shall be in lieu of, and not in addition to, any notice <br />required under California Code of Civil Procedure Section 1161 et seq. <br />;. The failure or inability by TENANT to observe or perform any of the provisions of this <br />Lease to be observed or performed by TENANT, other than specified in subparagraphs <br />A.1. or A.2. above, where such failure shall continue for a period of ten (10) days after <br />written notice thereof from DISTRICT to TENANT; provided, however, that any such <br />notice shall be in lieu of, and not in addition to, any notice required under California <br />Code of Civil Procedure Section 1161 et seq.; provided, further, that if the nature of such <br />failure is such that it can be cured by TENANT but that more than ten (10) days are <br />reasonably required for its cure (for any reason other than financial inability), then <br />TENANT shall not be deemed to be in default if TENANT shall commence such cure <br />within said ten (10) days, and thereafter diligently prosecutes such cure to completion. <br />Edna Park Lease (06.16.09) <br />ill <br />