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Agmt05 Bay Area Legal Aid
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Agmt05 Bay Area Legal Aid
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Last modified
7/5/2005 2:29:43 PM
Creation date
4/25/2005 10:15:49 AM
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Template:
Agreement
Contractor Name
Bay Area Legal Aid
PROJECT NAME
707 Bradford Street - lease agreement
RMP File Number
405
Date
2/28/2005
MO Ref
RD-05-05
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<br />mortgagee as its Landlord, such attornment to be effective and self-operative, without the <br />execution of any further instrument by either party, as soon as mortgagee succeeds to the <br />Landlord's Interest under the Lease. Notwithstanding any contrary provision herein, Tenant <br />shall not be required to pay Rent to the mortgagee until Tenant receives written notice from <br />mortgagee that it has succeeded to the Landlord's Interest under the Lease. The <br />respective rights and obligations of Tenant and mortgagee upon such attornment shall, to <br />the extent of the then remaining balance of the Lease Term, be the same as now set forth <br />therein, it being the parties' intention for this purpose to incorporate the Lease in this <br />Agreement by reference with the same force and effect as if set forth at length herein. <br /> <br />20.4 Successors. All of the rights and obligations of the parties under this Lease <br />shall bind and inure to the benefit of the respective heirs, personal representatives, <br />successors, grantees and assigns of the parties and the covenants and obligations <br />pertaining to the Premises shall run with the land and shall continue until this Lease is <br />terminated or expires. <br /> <br />20.5 Attorney's Fees. If either party to this Lease shall bring any action, suit, <br />counterclaim, appeal, arbitration, or mediation for any relief against the other, declaratory <br />or otherwise, to enforce the terms hereof or to declare rights hereunder (collectively, an <br />Action), the losing party shall pay to the prevailing party a reasonable sum for attorneys' <br />fees and costs (at the prevailing party's attorneys' then-prevailing rates as increased from <br />time to time by the giving of advance written notice by such counsel to such party) incurred <br />in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or <br />award (collectively, a Decision) granted therein, all of which shall be deemed to have <br />accrued on the commencement of such Action and shall be paid whether or not such Action <br />is prosecuted to a Decision. Any Decision entered in such Action shall contain a specific <br />provision providing for the recovery of attorneys' fees and costs incurred in enforcing such <br />Decision. The court or arbitrator may fix the amount of reasonable attorneys' fees and costs <br />on the request of either party. For the purposes of this paragraph, attorneys' fees shall <br />include, without limitation, fees incurred in the following: (1) post judgment motions and <br />collection actions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third <br />party examinations; (4) discovery; and (5) bankruptcy litigation. "Prevailing party" within the <br />meaning of this paragraph includes, without limitation, a party who agrees to dismiss an <br />Action on the other party's payment of the sums allegedly due or performance of the <br />covenants allegedly breached, or who obtains substantially the relief sought by it. Nothing <br />contained in this Section shall be interpreted to mean that Landlord has agreed to arbitrate <br />any dispute which may arise hereunder. <br /> <br />20.6 Integration. This Lease, and the exhibits attached hereto, are the entire <br />agreement between and final expression of the parties, and there are no agreements or <br />representations between the parties except as expressed herein or therein. All prior <br />negotiations and agreements between Landlord and Tenant with respect to the subject <br /> <br />19 <br /> <br /> <br />'--'T <br />
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