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<br />35) LOST ARTICLES - Lessor or its representatives shall have the sole right to collect and have the custody of <br />articles left in the building by persons attending any event, performance, exhibition or entertainment given or <br />held in the demised premises, and the Lessee or any person in Lessee's employ shall neither collect nor in- <br />terfere with the collection or custody of such articles. <br /> <br />36) BREACH OF CONTRACT - Breach of any of the above noted conditions vests in Lessor all rights provided <br />bylaw. <br /> <br />37) SUIT - In the event suit is brought to enforce or interpret any part of this agreement, the prevailing party <br />shall be entitled to recover as an element of his costs of suit, and not as damages, a reasonable attorneys fee <br />to be fixed by the Court. <br /> <br />38) PERFORMER CONTRACT AND APPROVAL - Lessee represents and warrants that Lessee will have on <br />the event date contracts with Lessee's performers whose services form the basis for this Lease. <br /> <br />39) COUNTERPARTS - This Lease may be executed in separate counterparts all of which shall constitute a <br />single instrument. <br /> <br />40) NOTICES - All notices, demands and requests shall be in writing and shall be given in person (including by <br />overnight delivery service that obtains a signature upon delivery) or by United States Mail addressed as set <br />forth below with return receipt requested. Notices to Lessee at its address specified in the Basic Lease Infor- <br />mation. Notices to Lessor shall be given to Lessor at P.O. Box 2369, Redwood City, CA 94064. Notices shall <br />be deemed given upon receipt if personally delivered or 72 hours after deposit in the United States Mail. <br /> <br />41) EXHIBIT - The following exhibit is a part of this lease agreement: <br />a) Exhibit A: Fox Theatre Rules and Regulations <br /> <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed as of the day and <br />year hereinabove mentioned, and this Agreement shall become effective only if the Fox Theatre receives an <br />executed original and deposit, as hereinabove stated. <br /> <br />, 2006 Accepted this M day of ~J/&d/f!!5GlV ,2006 <br /> <br /> <br />By ~ <br />SU3BFI Moeller . t I <br />Cil~:~ ~:~~vJ Cily Reder Ingram A <br />e eve opment gency <br />City of Redwood City <br /> <br />~ ~ <br /> <br />~/_Q.~ )~~~l) <br />Attest <br />Patricia Howe, City Clerk <br /> <br />~ <br /> <br />JJ-rnitiat ~/~Oi\ (JIP <br />