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Agmt01 Joint Powers Board
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Last modified
7/5/2005 2:52:32 PM
Creation date
4/23/2002 10:17:59 AM
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Template:
Agreement
Contractor Name
Joint Powers Board (Peninsula Corridor)
PROJECT NAME
James Avenue lease agreement
RMP File Number
304
Date
11/16/2001
Reso Ref
14385
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29. Attorney's Fees. <br /> <br /> If either party brings any action against the other to enforce any pre vision of this Lease or <br />collect any sum due hereunder or if Lessor brings an action for unlawful d~..tainer of the <br />Premises, the prevailing party shall be entitled to recover its costs, includir g reasonable <br />attorneys' fees, in addition to any other remedies to which it may be entitle d. <br /> <br /> 30. Miscellaneous Provisions. <br /> (a) Non-Waiver. <br /> <br /> Lessor's failure to enforce or exercise its rights with respect to any provision hereof shall <br />not be construed as a waiver of such rights or of such provision. Acceptange of rent or any other <br />sum shall not be a waiver of any preceding breach by Lessee of any provislon hereof, regardless <br />of Lessor's knowledge of such preceding breach at the time of acceptance 9f such rent; nor shall <br />such acceptance be a waiver in any way of Lessor's right to terminate this [,ease for any reason. <br /> <br /> (b) Time of Essence. <br /> <br /> Time is of the essence of each provision of this Lease. Any reference to "days" shall <br />mean calendar days except as otherwise expressly provided in this Lease. <br /> <br /> (c) Entire Agreement and Amendment. <br /> <br /> This Lease sets forth the entire agreement between the parties with ~espect to the leasing <br />of the premises and supersedes all prior and/or contemporaneous agreements, commtmications, <br />and representations, oral or written, express or implied, since the parties in :end that this be an <br />integrated agreement. This Lease shall not be modified except by written ~tgreement of the <br />parties. <br /> <br /> (d) Successors and Assigns. <br /> <br /> Subject to the provisions of this Lease relating to assignment, mortgaging and subletting, <br />this Lease shall bind the heirs, executors, administrators, successors and assigns of any and all of <br />the parties hereto. I <br /> <br /> (e) Authority. <br /> <br /> Each individual executing this Lease on behalf of Lessee representq and warrants that he <br />or she is duly authorized to execute and deliver this lease on behalf of Lessee, and that this Lease <br />is binding upon Lessee in accordance with its temis. Lessor, as a conditiorl precedent to this <br />Lease, may require corporate or partnership resolutions as are reasonably rlecessary to establish <br />the authority of Lessee to execute this Lease. <br /> <br /> (f) Governing Law. <br /> <br /> This Lease shall be governed by and construed in accordance with he laws of the State of <br />California as applied to contracts that are made and performed entirely in 2alifornia. <br /> <br /> -13- <br /> 895092.2 <br /> <br /> <br />
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