DELHI CENTER - DELHI PARK CONSTRUCTION AND FUNDING AGMT-2000

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3. BY INITIALING IN THE SPACE BELOW, THE PARTY INITIALING IS AGREEING TO THE ARBITRATION PROVISIONS SET FORTH IN THIS SECTION AND IS AGREEING TO GIVE UP SUCH RIGHTS AS THE PARTY MIGHT OTHERWISE POSSESS TO HAVE SUCH DISPUTE(S) LITIGATED IN A COURT AND /OR IN FRONT OF A JURY. FURTHER, BY INITIALING BELOW, THE PARTY INITIALING ACKNOWLEDGES AND AGREES THAT: (i) IT IS GIVING UP ANY RIGHTS TO DISCOVERY AND /OR APPEAL UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION PROVISION OF THIS SECTION OR OTHERWISE PROVIDED FOR BY WAY OF THE AAA RULES OR THE MUTUAL AGREEMENT OF THE PARTIES IN SUCH ARBITRATION PROCEEDING, AND (ii) IF IT REFUSES TO SUBMIT TO ARBIT RATION AFTER AGREEING TO THIS PROVISION, SAID PARTY MAY BE COMPELLED TO ARBITRATE T THORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. City D ARTICLE 12 OTHER PROVISIONS Section 12.01. Force Majeure Except as otherwise expressly provided in this lease, if the performance of any act required by this lease to be performed by either Landlord or Tenant is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause, except financial inability, not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this section shall excuse the prompt payment of rent by Tenant as required by this lease or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. Section 12.02. Attorneys' Fees Should any litigation be commenced between the parties to this lease concerning the Premises, this lease, or the rights and duties of either in relation thereto, each party in that litigation shall bear its own attorney fees and costs associated therewith. Section 12.03. Notices to Landlord Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to be served on or given to Landlord by Tenant or any Lender described in Article 6 of this lease shall be in writing and shall be deemed duly served and given when personally delivered to Landlord by personal service on the Clerk of the Council, or, in lieu of personal service, when deposited in the United States mail, first -class postage prepaid, and sent by express mail that allows for tracking, addressed to Landlord at Clerk of the Council, City of Santa Ana, 20 Civic Center Plaza, M -30, Santa Ana, California, 92701. Landlord may change Landlord's address for the purpose of this section by giving written notice of that change to Tenant in the manner provided in Section 12.04; Tenant shall then transmit a copy of that notice to any Lender described in Article 6 of this lease.