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<br />Santa Ana River Channel <br />EOI-RI552 <br /> <br />itself/themselves as co-defendant(s) in such legal action, in which event, TENANT shall pay to <br />DISTRICT/COUNTY its/their litigation costs, expenses, and attorneys' fees. If judgment is entered <br />against DISTRICT/COUNTY and TENANT by a court of competent jurisdiction because ofthe <br />concurrent active negligence of DISTRICT/COUNTY and TENANT, DISTRICT and TENANT agree <br />that liability will be apportioned as determined by the court. Neither party shall request a jury <br />apportionment. <br /> <br />TENANT acknowledges that it is familiar with the language and provisions of California Civil Code <br />Section 1542 which provides as follows: <br /> <br />A general release does not extend to claims which the creditor does not know or suspect to exist <br />in his favor at the time of executing the release, which, if known by him, must have materially <br />affected his settlement with the debtor. <br /> <br />TENANT, 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 /> <br />:~, <br /> <br />11. TAXES AND ASSESSMENTS (PMGE11.2 S) <br /> <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 Premises or upon fixtures, equipment, <br />or other property installed or constructed thereon, shall be the full responsibility of TENANT, and <br />TENANT shall cause said taxes and assessments to be paid promptly. <br /> <br />12. SUCCESSORS IN INTEREST (PMGEI2.2 S) <br /> <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, <br />all of whom shall be jointly and severally liable hereunder. <br /> <br />13. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (PMGEI3.2 S) <br /> <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 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. However, nothing in this Clause shall excuse <br />TENANT from the prompt payment of any rental or other charge required of TENANT except as may <br />be expressly provided elsewhere in this Lease <br /> <br />14. PARTIAL INVALIDITY (PMGEI4.2 S) <br /> <br />- If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction <br />to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force <br />and effect and shall in no way be affected, impaired, or invalidated thereby. <br /> <br />15. WAIVER OF RIGHTS (PMGEI5.2 S) <br /> <br />The failure of DISTRICT or TENANT to insist upon strict performance of any of the terms, covenants, <br />or conditions of this Lease shall not be deemed a waiver of any right or remedy that DISTRICT or <br />TENANT may have, and shall not be deemed a waiver of the right to require strict performance of all <br /> <br />17th Street Triangle Lease (07.01.09) Gen. Condo <br /> <br />iii <br />