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ORANGE COUNTY FLOOD CONTROL DISTRICT (4) - 2010
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ORANGE COUNTY FLOOD CONTROL DISTRICT (4) - 2010
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Last modified
1/3/2012 2:27:38 PM
Creation date
5/6/2010 12:41:54 PM
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Contracts
Company Name
ORANGE COUNTY FLOOD CONTROL DISTRICT
Contract #
A-2008-288
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
11/17/2008
Destruction Year
2040
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<br />Santa Ana River Channel <br />EOI-R1552 <br /> <br />23. AUTHORITY OF TENANT (PMGE 24.2 S) <br /> <br />If TENANT is a corporation, each individual executing this Lease on behalf of said corporation <br />represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of said <br />corporatiop, in accordance with the by-laws of said corporation, and that this Lease is binding upon said <br />corporation. <br /> <br />24. PUBLIC RECORDS (pMGE25.2 S) <br /> <br />Any and all written information submitted to and/or obtained by DISTRICT from TENANT or any other <br />person or entity having to do with or related to this Lease and/or the Premises, either pursuant to this <br />Lease or otherwise, at the option of DISTRICT, may be treated as a public record open to inspection by <br />the public pursuant to the California Records Act (Government Code Section 6250, etc.) as now in force <br />or hereafter amended, or any Act in substitution thereof, or otherwise made available to the public and <br />TENANT hereby waives, for itself, its agents, employees, subtenants, and any person claiming by, <br />through or under TENANT, any right or claim that any such information is not a public record or that <br />the same is a trade secret or confidential information and hereby agrees to indemnify and hold <br />DISTRICT harmless from any and all claims, demands, liabilities, and/or obligations arising out of or <br />resulting from a claim by TENANT or any third party that such information is a trade secret, or <br />conf1dential, or not subject to inspection by the public, including without limitation reasonable attorneys' <br />fees and costs. <br /> <br />25. RELATIONSHIP OF PARTIES (pMGE26.2 S) <br /> <br />The relationship of the parties hereto is that of DISTRICT and TENANT, and it is expressly understood <br />and agreed that DISTRICT does not in any way or for any purpose become a partner of, or ajoint <br />venturer with TENANT in the conduct of TENANT'S business or otherwise, and the provisions of this <br />Lease and the agreements relating to rent payable hereunder are included solely for the purpose of <br />providing a method by which rental payments are to be measured and ascertained. <br /> <br />26. ATTORNEYS' FEES (pMGE28.1) <br /> <br />In any action or proceeding brought to enforce or interpret any provision of this Lease, or where any <br />provision hereof is validly asserted as a defense, each party shall bear its own attorneys' fees and costs. <br /> <br />27. VENUE (PMGE29.1) <br />The parties hereto agree that this Lease has been negotiated and executed in the State of California and <br />shall be governed by and construed under the laws of California. In the event of any legal action to <br />enforce or interpret this Lease, the sole and exclusive venue shall be a court of competent jurisdiction <br />located in Orange County, California, and the parties hereto agree to and do hereby submit to the <br />jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the <br />- parties hereto specifically agree to waive any and all rights to request that an action be transferred for <br />trial to another county. <br /> <br />17th Street Triangle Lease (07.01.09) Gen. Condo <br /> <br />VIII <br />
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