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27, BROKERAGE, TENANT warrants and represents to LANDLORD that TENANT has dealt with no
<br />broker or third person with respect to this Lease, and TENANT agrees to indemnify LANDLORD against
<br />any brokerage Claims arising out of this Lease,. LANDLORD warrants and represents to TENANT that
<br />LANDLORD has employed no exclusive broker or agent in connection with this Lease. if either party
<br />introduces a broker or third person on Its behalffor any extension, renewal or expansion of this lease, any
<br />fees or commissions shall be the sole responsibility of the party engaging such broker or third person,
<br />28. NOTICE, All notice*, requests, demands and other Communications required or permitted to be
<br />given under the terms of this Lease by one party to the other shall be in eiriting addressed to the midplent
<br />party's Notice Address set forth below and shall be deemed to have been duly given or made (a) if
<br />delivered personally (including by commercial courier or delivery service) to the party's Notice Address,
<br />then asof the date delivered (or if delivery is refused, on presentation), or (b) if mailed by certified mall to
<br />the party's Notice Address, postage prepaid and return receipt requested, then at the time received at the
<br />party's Notice Addresses evidenced by the return receipt, or (c) if mailed by first class mail to the nerve
<br />Notice address, postage prepaid, then on the third (3rd) day following deposit In the United States Mail,
<br />Any party may change its .Notice Address by a notice given in the foregoing torn and manner, The
<br />Notice Addresses of the parties are:
<br />If to LANDLORD: The City of Santa Ana
<br />C/o Paragon Partners Ltd.
<br />5782 Balsa Avenue, Suite 261
<br />Huntington Beach, California 92649
<br />Fax: (714) 379.3376
<br />If to TENANT: Clothing Orfs Rope, Chtldrens Clothing Store
<br />Attn: Orfiida Magana crumo
<br />1440 South Anaheim Blvd.
<br />Anaheim, CA 92605
<br />Phone: (714) 341-3175
<br />Notwithstanding the foregoing, LANDLORD may always use the address of the Premises as TENANTS
<br />Notice Address,
<br />29, QFRgNDffl. On or before the termination of this Lease, TENANT shall remove all of
<br />TENANT's goods, trade f4hres, personal property and effects from the Premises, and shall deliver to
<br />LANDLORD actual and exclusive possession of the Premises and all keys and locks thereto, TENANT
<br />shall deliver the Premises fully sanitized from any chemicals or other contaminants, broom clean, and In
<br />at least the same condition as they were at the commencement of the Lease or any prior lease between
<br />the parties for the Premises, or as they were modified during said tann with LANDLORD's written
<br />consent, reasonable wear and tear only excepted, and TENANT shall be deemed to be encumbering the
<br />Premises until A delivers the Premises to LANDLORD In the condition required under this Lease. Any of
<br />TENANT's property that remains in the Premises upon termination of the Lease shall be deemed
<br />abandoned and shall be disposed of as LANDLORD sees fit, with no liability to TENANT for loss or
<br />damage thereto, and at the sole risk of TENANT, To the extent permitted by taw, LANDLORD may
<br />remove and stare any such property at TENANT's expense; retain same under LANDLORD'scontrol; sail
<br />some at public or private sale (without notice) and apply the net proceeds of such sale to the payment of
<br />any sum due hereunder, or destroy same. In no case shall the Premises be deemed surrendered to
<br />LANDLORD umll the termination date provided heroin or such other date as may be specified in a written
<br />agrasmenfbatween the parties, notwithstanding the delivery of any keys to LANDLORD,
<br />30, JOINT AND SEVERAL. ETC, If TENANT is several persons, corporations, or other legal entities,
<br />or a partnership, or some combination thereof, TENANT's obligations are joint and several, 'LANDLORD"
<br />and "TENANT" mean the person or persons, natural or corporate, named above as LANDLORD and as
<br />TENANT respectively, and their respective heirs, executors, administrators, successors and assigns,
<br />31. DEFAULT AND REMEDIES, If TENANT faits to pay Rent when due, or to perform any term of
<br />this Lease, then, after not less than 3 days' written notice of default given in the manner required by law,
<br />LANDLORD, at LANDLORD'S option, may terminate this Lease, unless TENANT; withinthe time
<br />specified in such written notice, cures the default, If TENANT detaults., LANDLORD may elect to:
<br />(a) continue this Lease in Affect, and enforce all of LANDLORD'S right and remedies under this
<br />Lease, including the right to recover Rent as it becomes due, or
<br />(b) at any time, terminate all of TENANT'S rights under this Lease, and recover from TENANT all
<br />damages LANDLORD may incur by reason of TENANTS default, Including the cost of recovering the
<br />Premises and including the worth at tire time of termination or at the time of an award If suit is instituted to
<br />enforce this provision, of the amount by which the unpaid Base Rent for the balance of the term exceeds
<br />the amount of rental loss that the TENANT proves could be reasonably avoided,
<br />In additbn to any other rights and remedies allowed by this Lease or by law, LANDLORD shalt nave the
<br />remedies set forth in California Civil Code Sections 1961.2 and 1951 A,
<br />32, $T„JQ Ni',aaT_q'."�i The prevailing party in any action brought by either party hereto based on
<br />any claim arising under this Lease shall be entitled to reasonable attorneys' fees.
<br />38, AMENDMENT. The terms of this Lease may not be modified or amended except by an
<br />instrument in writing executed by each of the parties hereto.
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