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<br />Santa Ana River Channel <br />EOI-RI552 <br /> <br />of acceptance of such rent or sum, or (b) waiver of DISTRICT'S right to exercise any remedy <br />available to DISTRICT by virtue of such breach or default. No act or thing done by DISTRICT or <br /> <br />DISTRICT'S agents during the term of this Lease shall be deemed an acceptance ofa surrender of <br />the Pr~mises, and no agreement to accept a surrender shall be valid unless in writing and signed by <br />DISTRICT. <br /> <br />Any installment or rent due under this Lease or any other sums not paid to DISTRICT when due <br />(other than interest) shall bear interest at the maximum rate allowed by law from the date such <br />payment is due until paid, provided, however, that the payment of such interest shall not excuse or <br />cure the default. <br /> <br />All covenants and agreements to be performed by TENANT under any of the terms of this Lease <br />shall be performed by TENANT at TENANT'S sole cost and expenses and without any abatement <br />of rent. If TENANT shall fail to pay any sum of money, other than rent required to be paid by it <br />hereunder or shall fail to perform any other act on its part to be performed hereunder, or to provide <br />any insurance or evidence of insurance to be provided by TENANT, then in addition to any other <br />remedies provided herein, DISTRICT may, but shall not be obligated to do so, and without waiving <br />or releasing TENANT from any obligations of TENANT, make any such payment or perform any <br />such act on TENANT'S part to be made or performed as provided in this Lease or to provide such <br />insurance. Any payment or performance of any act or the provision of any such insurance by <br />DISTRICT on TENANT'S behalf shall not give rise to any responsibility of DISTRICT to continue <br />making the same or similar payments or performing the same or similar acts. All costs, expenses, <br />and other sums incurred or paid by DISTRICT in connection therewith, together with interest at the <br />maximum rate permitted by law from the date incurred or paid by DISTRICT shall be deemed to be <br />additional rent hereunder and shall be paid by TENANT with and at the same time as the next <br />monthly installment of rent hereunder, and any default therein shall constitute a breach of the <br />covenants and conditions of this Lease. <br /> <br />17. RESERVATIONS TO DISTRICT (PMGE18.2 N) <br /> <br />The Premises are accepted "as is" and "where is" by TENANT subject to any and all existing easements <br />and Encumbrances. DISTRICT reserves the right to install, lay, construct, maintain, repair, and operate <br />such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil, and <br />gas pipelines; telephone and telegraph power lines; and the appliances and appurtenances necessary or <br />convenient in connection therewith, in, over, upon, through, across, and along the Premises or any part <br />thereof, and to enter the Premises for any and all such purposes. <br /> <br />DISTRICT also reserves the right to grant franchises, easements, rights of way, and permits in, over, <br />upon, through, across, and along any and all portions of the Premises. No right reserved by DISTRICT <br />in this clause shall be so exercised as to interfere unreasonably with TENANT'S operations hereunder <br />or to impair the security of any secured creditor of TENANT. <br /> <br />DISTRICT agrees that rights granted to third parties by reason of this clause shall contain provisions <br />that the surface of the land shall be restored as nearly as practicable to its original condition upon the <br />completion of any construction. <br /> <br />17th Street Triangle Lease (07.01.09) Gen. Condo <br /> <br />VI <br />