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of the leasehold, the value of the part taken or severance damages. City hereby waives any and <br /> all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil <br /> Procedure, or any similar or successor Laws. <br /> 51. CONSENT OR APPROVAL (5.9 SR) <br /> Unless expressly stated otherwise, where the consent or approval of a Party is required, such <br /> consent or approval will not be unreasonably withheld, conditioned or delayed. <br /> 52. UNENFORCEABLE PROVISIONS (6.0 SR) <br /> If any paragraph or clause hereof shall be determined illegal, invalid or unenforceable, it is the <br /> express intention of the Parties hereto that the remainder of the Lease shall not be affected thereby, <br /> and it is also the express intentions of the Parties hereto that in lieu of each paragraph or clause of <br /> this Lease which may be determined to be illegal, invalid or unenforceable, there may be added as <br /> a part of this Lease a paragraph or clause as similar in terms to such illegal or invalid or <br /> unenforceable paragraph or clause as may be possible and may be legal, valid and enforceable. <br /> City shall at all times comply with restrictions on operational hours established by local ordinances <br /> or regulations. City agrees that when alternate forms of packaging are available, only items <br /> packaged in a manner most compatible with the goals of reducing litter and preserving the <br /> environment shall be sold. Sale of beverages in pop-top cans or in non-returnable metal or glass <br /> containers shall not be permitted. Recyclable,push-top type beverage containers may be permitted <br /> subject to approval by the Director. City agrees that it will operate and manage the services and <br /> facilities offered in a competent and efficient manner at least comparable to other well managed <br /> operations of similar type. <br /> City's failure to comply with the provisions of this Clause shall constitute a City Default of this <br /> Lease and District may immediately terminate this Lease. <br /> 54. LIMITATION OF THE LEASEHOLD (6.2 SR) <br /> This Lease and the rights and privileges granted City in and to the Premises are subject to all <br /> covenants, conditions,restrictions, and exceptions of record or apparent.Nothing contained in this <br /> Lease or in any document related hereto shall be construed to imply the conveyance to City of <br /> rights in the Premises, which exceed those, owned by District, or any representation or warranty, <br /> either express or implied, relating to the nature or condition of the Premises or District's interest <br /> therein. City has accepted the Premises in its "as is"/"where is" condition. <br /> 55. PERMITS AND LICENSES (6.3 SR) <br /> City shall be required to obtain any and all approvals, permits and/or licenses which may be <br /> required in connection with the operation of the Premises as set out herein. No permit, approval, <br /> or consent given hereunder by District, in its governmental capacity, shall affect or limit City's <br /> obligations hereunder, nor shall any approvals or consents given by District, as a party to this <br /> Lease,be deemed approval as to compliance or conformance with applicable governmental codes, <br /> laws, rules, or regulations. <br /> 3/2/2026 Page 27 of 41 Lease Number <br /> Agency/Program Standard Revenue Lease Form <br />