Res19 15814 - Laserfiche WebLink

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period expires on a Saturday, Sunday or holiday, then such time for performance shall be automatically extended to the next Business Day. 37. Force Majeure. If either Party shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labortroubles, inability to procure materials, unusually severe weather, terrorism, earthquake, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a similar or dissimilar nature not the fault of such Party, then performance of any such act shall be extended for a period equivalent to the period of such delay (not to exceed 30 days in the aggregate). In each case, the Party delayed, hindered or prevented shall promptly notify the other Party of the event causing the delay, hindrance or prevention. The foregoing, however, shall not operate to excuse either Party from securing necessary financing to meet its obligations or from making any Rent or other payments due under this Lease. 38. Consents. Whenever in this Lease the consent or approval of either Landlord or Tenant is required or permitted, the party requested to give such consent or approval will act promptly and will not unreasonably withhold its consent or approval. 39. Memorandum of Lease. Contemporaneously with the execution of this Lease, Landlord and Tenant will execute and acknowledge for recordation in the Official Records of the County of San Mateo a Memorandum of Lease in the form of Exhibit C hereto ("Memorandum of Lease"). 40. Attorney Fees. In the event of any action or proceeding at law or in equity between Landlord and Tenant to enforce any provision of this Lease or to protect or establish any right or remedy of either party hereunder, the unsuccessful party to such litigation shall pay to the prevailing party all costs and expenses, including reasonable attorney fees, incurred therein by such prevailing party, and if such prevailing party shall recover judgment in any such action or proceeding, such costs, expenses and attorney fees shall be included in and as a part of such judgment. 41. Integration. This instrument constitutes the entire agreement between Landlord and Tenant with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral or written. This Lease may not be amended or modified in any respect whatsoever except by an instrument in writing signed by Landlord, Tenant and, if required by any Lender, by Lender. 42. Amendments. This Lease may be modified only in writing and only if signed by the parties at the time of the modification. 43. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. 44. Environmental Status. Except as set forth in this Lease, Landlord has received no notice of any release of Hazardous Materials that has come to be located upon or under the Project Site or that has been generated, handled, manufactured, stored, used, transported or YMCA Ground Lease -23- 82483.00016\32493585.6