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ORANGE COUNTY FIRE AUTHORITY - 2012 LEASE OF FIRE STATIONS
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ORANGE COUNTY FIRE AUTHORITY - 2012 LEASE OF FIRE STATIONS
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Last modified
4/5/2012 2:51:23 PM
Creation date
3/8/2012 5:01:30 PM
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Contracts
Company Name
ORANGE COUNTY FIRE AUTHORITY (OCFA)
Contract #
A-2012-039
Agency
City Manager's Office
Council Approval Date
2/21/2012
Destruction Year
0
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<br />20.0 Circumstances Which Excuse Performance <br /> <br />If either party hereto shall be delayed or prevented from the performance of any act <br />required hereunder by reason of acts of God, restrictive governmental laws or regulations, or <br />other cause without fault and beyond the control of the party obligated (financial inability <br />excepted), performance of such act shall be excused for the period of delay; and the period for <br />the performance of any such act shall be extended for a period equivalent to the period of such <br />delay. However, nothing in this clause shall excuse either Party from the prompt payment of any <br />rental or other charge required of it except as may be expressly provided elsewhere in this Lease. <br /> <br />21.0 Entire Agreement <br /> <br />This Lease contains the entire agreement of the parties with respect to the subject matter <br />hereof, and supersedes all prior negotiations, understandings, or agreements. This Lease may <br />only be modified by a writing signed by both parties. Notwithstanding the foregoing, this Lease <br />shall be subject to, and interpreted to be consistent with, the Joint Powers Agreement and the <br />Fire Services Agreement, as they may be amended from time to time. In the event of any <br />inconsistency between the terms of this Lease and the terms of the Joint Powers Agreement <br />and/or the Fire Services Agreement, as they may be amended, the terms of the Joint Powers <br />Agreement, then the terms of the Fire Services Agreement, shall govern, and the terms of this <br />Lease shall be deemed to have been amended in accordance therewith. <br /> <br />22.0 Severability <br /> <br />The invalidity in whole or in part of any provisions of this Lease shall not void or affect <br />the validity of the other provisions of this Lease. <br /> <br />23.0 Construction and Governing Law <br /> <br />The validity, interpretation, and performance of this Lease shall be controlled by and <br />construed under the laws of the State of California. In the event of any asserted ambiguity in, or <br />dispute regarding the interpretation of any matter herein, the interpretation of this Lease shall not <br />be resolved by any rules of interpretation providing for interpretation against the party who <br />causes the uncertainty to exist or against the party who drafted the Lease or who drafted that <br />portion of the Lease. <br /> <br />24.0 No Third Party Rights <br /> <br />No third party shall be deemed to have any rights hereunder against either party as a <br />result of this Lease. <br /> <br />25.0 Waiver <br /> <br />No waiver of any default shall constitute a waiver of any other default or breach, whether <br />of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily <br />given or performed by a party shall give the other party any contractual rights by custom, <br />estoppel, or otherwise. <br /> <br />7 <br /> <br />827843.2 <br />
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