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AgdaPkt 2009-06-22 clsd and jnt
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AgdaPkt 2009-06-22 clsd and jnt
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Last modified
9/24/2013 12:22:20 PM
Creation date
6/18/2009 4:10:58 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
6/22/2009
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6.1C <br /> Page 21 <br /> 27.8 Wa�ver of Default: Cumula#ive Remedies. No waiver of any defauEt by any par#y <br /> to this Lease shall be implied from any omission by any other party to take any <br /> activn in respect of such default if such defau�t cvntinues or is repea#ed. No <br /> express waiver of any defa�lt shall affecfi any default or cover any period of time <br /> other th�n ihe defauit and period of time specified in such express wai�er. �ne <br /> or more waivers of any default in the performance of any term, provision or <br /> covenant contained in this Lease shall not be deemed to be a waiver of any <br /> subsequent default in the performance of the same term, provision or covenant <br /> or any other term, provision or covenant contained in th�s Agreement. Th� <br /> consent or appraval by any party to or of any act or request by any other party <br /> requiring consent or approva! shali not be deemed #o waive or render <br /> unnecessary the consent to or approva! of any subsequent simiiar acts or <br /> requests. The rights and remedies given to any pariy by this Agreement sha(I be <br /> deemed to be cumulative and no such rights and remedies shali be excfusive oT <br /> any of the others, or of any other right or remedy a# Eaw or in equity which any <br /> such party might otherwise have by virtue of a defauit under this Agreement, and <br /> the exercise of one such right or remedy by any such party shalC not impair such <br /> � � party's standing to exercise any other right ar remedy. <br /> 27.9 Attachments. A!I attachments attached hereto and referred to �erein are hereby <br /> incorporated by reference as if fully set forth herein. <br /> 27.1 Q Force 1�9ajeure. Each party sha{I be excused frorn performing any �bligat�on or <br /> undertaking provided in this Agreement, except any obligation to pay any sums <br /> af money under the ap�licab�e provisions hereof, in the event and so lang as th� <br /> per�ormance of any such obligation is prevented or de(ayed, retarded or h�ndered <br /> by any of the following (sometimes ca�led "Force Majeure" in this Agreement}: <br /> fire, earthquake, floods, explosion, actions of the elemen#s, war, invasion, <br /> insurrection, riot, mob violence, sabotage, inabifity fo procure or general shortage <br /> of labor, equipmen#, transportation, strikes, lockou#s, action of labor unions, Eaws, <br /> orders or mora�oriums of governmental or civi! or mili#ary or naval authorities, or <br /> any other cause, whether simifar or dissimifar to the foregoing, not within the <br /> controi of such party. �n the event ofi a "force majeure," either Party rnay <br /> terminate this lease within iwenty-four (24} hours after de[ivering notice to the <br /> other party as provided in Sec. 28.8. <br /> 27.11 �urther Assurances. Lessor and Lessee shall execute, on request, all other <br /> documents and instrumenfis as the other party shali reasonably request, which <br /> are reasonably �equired to carry out obliga#ions imposed under, and affect the <br /> purposes of, this Agreement. <br /> 2?'.12 Counterparts: Facsimile. This Agreement may be exec�ted by facsimife and/or <br /> in ane or more counterparts, each of which sha[i be deemed an orig�nal, and all <br /> of which taken together shall cor�stitu#e one and ff�e same instrumen#. <br /> 27.13 Goverrting L.aw. This Lease shal! be governed and cons#rued in accordance wEth <br /> #he statutes and laws of the State of Califarnia. <br /> 27.�4 Venue. ln the event tha# suit shall be �rought by any Party to this Lease, the <br /> Parties agree that venue shal! be exclusively vested in the State courts of the <br /> County of San Mateo. <br /> ATTYlA,GR/20Q9.024 Ini#ials Page 17 <br /> 061609 <br />
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