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Agmt98 OMIX
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Agmt98 OMIX
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Last modified
7/5/2005 3:05:17 PM
Creation date
5/26/2005 4:01:15 PM
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Agreement
Contractor Name
OMIX
PROJECT NAME
702 Marshall Street sublease agreement
RMP File Number
304
Date
1/30/1998
Reso Ref
13269
Box
5933
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<br />1-30-19982:58PM <br /> <br />FROM ALTA BUSINESS SVCS 650 349 5862 <br /> <br />P.16 <br /> <br />Sublessor may have, to remove from the Premises all personal <br />property located therein and may place the same in storage at a <br />public warehouse for the account of and at the expense and risk <br />of Sublessee; Sublessee hereby irrevocably appointing Sublessor <br />the agent and attorney-in-fact: of Sublessee for such purpose. <br />The cost of removal and storage shall be deemed additional rent <br />hereunder. Sublessor need not pay any such storage charges <br />however, and Sublessee hereby waives any claims against Sublessor <br />by reason of such removal. Sublessor shall not be deemed to have <br />terminated this sublease or the liability of Sublessee to pay <br />rent and/or other payments hereunder thereafter to accrue and/or <br />damages by any such re-entry as in this sublease provided or by <br />any noticed required for or by any action in unlawful detainer or <br />otherwise, Wlless Sublessor notified Sublessee in writing that <br />Sublessor has terminated at the time of said notice. No entry or <br />reletting of said Premises by Sublessor shall constitute an <br />acceptance by Sublessor of the surrender of said Premises, unless <br />Sublessor so notified Sublessee in writing. All remedies granted <br />to Sublessor herein and elsewhere in this sublease in the event <br />of the default of Sublessee, are cumulative and are given without <br />impairing any other rights or remedies of Sublessor. <br /> <br />.23. SUBLESSOR'S ELECTIONS NON-EXCLUSIVE. The exercise of <br />any right or option or privilege hereunder by Sublessor shall not <br />exclude Sublessor from exercising any and all other rights, <br />privileges and options hereunder, and Sublessor's failure to <br />exercise any right, option or privilege hereunder shall not be <br />deemed a waiver of said right, option or privilege nor shall it <br />relieve Sublessee from Sublessee's obligations to perform each <br />and every covenant. and condition of Sublessee's part to be <br />performed hereunder nor from damages or other remedy for failure <br />to perform or meet the obligations or this sublease. <br /> <br />24. SURRENDER. Sublessee shall, upon terminar.ion of this <br />sublease, whether by lapse of time or otherwise, surrender to <br />Sublessor the Premises together with all replacements thereto in <br />good order, condition and repair, except for ordinary wear and <br />tear. The voluntary or other surrender of this sublease by <br />Sublessee, or a mutual cancellation thereof shall not work a <br />merger and shall, at the option of Sublessor, terminate all or <br />. any existing sub-subleases or subtenancies, or may, at the option <br />of Sublessor operate as an assignment to Sublessor of any or all <br />such sub-subleases or subtenancies. <br /> <br />25. DEFAULT EY SU'R!,ESSOR. Sublessor ::¡hall in no event: be <br />charged with default in the performance of any of its obligations <br />hereunder and until ~~lessor shall have failed to perform such <br />obligations within ~ (~) days (or such additional time as <br />is reasonably required to correct any such defaults) after <br /> <br />01/09/98 <br />n/1S/Sl8R <br />Ol/22(9BR <br /> <br />15 <br /> <br />,..... <br /> <br />...~..-T--.-- .r. <br />
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