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CABAN, GEORGE & ANCA DBA CAFÉ EXPRESS-2009
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CABAN, GEORGE & ANCA DBA CAFÉ EXPRESS-2009
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Last modified
1/2/2013 3:32:48 PM
Creation date
5/19/2010 1:46:01 PM
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Contracts
Company Name
CABAN, GEORGE & ANCA DBA CAFÉ EXPRESS
Contract #
A-2006-159-001
Agency
PUBLIC WORKS
Insurance Exp Date
4/29/2013
Destruction Year
0
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Tenant shall be required to make any repairs to the Premises occurring from damages <br />caused by Tenant, its employees, agents, contractors, and subcontractors. <br />Section 8.09 Time of Essence <br />Time is expressly declared to be of the essence in this Agreement. <br />Section 8.10 Governing Law <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this <br />Agreement shall be determined and governed by the laws of the State of California. Both <br />parties further agree that Orange County, California, shall be the venue for any action or <br />proceeding that may be brought or arise out of, in connection with or by reason of this <br />Agreement. <br />Section 8.11 Survival <br />Terms and conditions of this Agreement which by their sense and context survive the <br />termination or expiration of this Agreement, shall so survive. <br />Section 8.12 State of Emergency/Public Necessity <br />Due to the fact that the Santa Ana Regional Transportation Center has been designated a <br />Homeland Security Evacuation Center, upon the declaration of a state of <br />emergency/public necessity, Landlord may, give immediate notice in writing to Tenant to <br />suspend or revoke normal operation under this Agreement without liability to Tenant <br />when the emergency/public necessity so requires, or to suspend operation immediately <br />hereunder temporarily in the event of such public emergency, as may be determined by <br />the City Manager. Such suspension will terminate as soon as the public necessity or <br />emergency no longer exists. Tenant shall be compensated for any time of suspended use <br />or operation by Landlord in the form of an equal amount of time added onto the term of <br />the Agreement by Landlord (i.e. Tenant suspends operation for 2 months due to state of <br />emergency, Agreement Term is extended an additional 2 months). <br />Section 8.13 Conflict of Interest <br />Tenant covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of this Agreement. <br />Section 8.14 Attorney's Fees <br />In the event suit is brought by either party to enforce the terms and provisions of this <br />Agreement or to secure the performance hereof, each party shall bear its own attorney's <br />fees. <br />I1
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