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7.C. - Page 119 of 178 <br />action relating to the construction, development, or operation of the Project, including, but not <br />limited to, condemnation, rezoning, variances, subdivision, environmental clearances, or any <br />other governmental approvals which are or may be required pursuant to the legal <br />requirements. Nothing in this Lease shall be construed to restrict or impair in any manner <br />whatsoever any legal requirement or the exercise by Landlord of any governmental powers or <br />rights thereunder. <br />35. Severability. In case any one or more of the provisions contained in this Lease shall <br />for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality or unenforceability shall not affect any other provisions of this Lease, but this Lease <br />shall be construed as if such invalid, illegal, or unenforceable provisions had not been contained <br />herein. <br />36. Time. Time is of the essence of each provision of this Lease. Wherever under this <br />Lease there is a day or time period established for performance and such day is or such time <br />period expires on a Saturday, Sunday or holiday, then such time for performance shall be <br />automatically extended to the next Business Day. <br />37. Force Majeure. If either Party shall be delayed or hindered in or prevented from <br />the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, <br />inability to procure materials, unusually severe weather, terrorism, earthquake, failure of <br />power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of <br />a similar or dissimilar nature not the fault of such Party, then performance of any such act shall <br />be extended for a period equivalent to the period of such delay (not to exceed 30 days in the <br />aggregate). In each case, the Party delayed, hindered or prevented shall promptly notify the <br />other Party of the event causing the delay, hindrance or prevention. The foregoing, however, <br />shall not operate to excuse either Party from securing necessary financing to meet its <br />obligations or from making any Rent or other payments due under this Lease. <br />38. Consents. Whenever in this Lease the consent or approval of either Landlord or <br />Tenant is required or permitted, the party requested to give such consent or approval will act <br />promptly and will not unreasonably withhold its consent or approval. <br />39. Memorandum of Lease. Contemporaneously with the execution of this Lease, <br />Landlord and Tenant will execute and acknowledge for recordation in the Official Records of the <br />County of San Mateo a Memorandum of Lease in the form of Exhibit C hereto ("Memorandum <br />of Lease"). <br />40. Attorney Fees. In the event of any action or proceeding at law or in equity between <br />Landlord and Tenant to enforce any provision of this Lease or to protect or establish any right <br />or remedy of either party hereunder, the unsuccessful party to such litigation shall pay to the <br />prevailing party all costs and expenses, including reasonable attorney fees, incurred therein by <br />such prevailing party, and if such prevailing party shall recover judgment in any such action or <br />proceeding, such costs, expenses and attorney fees shall be included in and as a part of such <br />judgment. <br />YMCA Ground Lease -23- <br />82483.00016\32493585.5 <br />23_82483.00016\32493585.5 <br />542 <br />