Agmt19 YMCA of Sillicon Valley Master Project Agmt.

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requirements. Nothing in this Lease shall be construed to restrict or impair in any manner whatsoever any legal requirement or the exercise by Landlord of any governmental powers or rights thereunder. 35. Severability. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Lease, but this Lease shall be construed as if such invalid, illegal, or unenforceable provisions had not been contained herein. 36. Time. Time is of the essence of each provision of this Lease. Wherever under this Lease there is a day or time period established for performance and such day is or such time 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, labor troubles, 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 ATTY/AGR/2019.316/YMCA MASTER PROJECT AGREEMENT Page 51 of 108