Agmt22 City County Land Swap Leaseback Agrmt

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18. MISCELLANEOUS. 18.1 General. 18.1.1 Entire Agreement. Except for that certain Real Property Exchange Agreement between Landlord and Tenant, dated on or about September 28, 2021 ("Exchange Agreement"), and any agreement identified or referenced in the Exchange Agreement, this Lease sets forth all the agreements between Landlord and Tenant concerning the Premises, and there are no agreements either oral or written other than as set forth herein. 18.1.2 Time of Essence. Time is of the essence of this Lease. 18.1.3 Attorne s' Fees. If any action is commenced which arises out of or related to this Lease, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge to be reasonable attorneys' fees, expert fees, and expenses in the action, in addition to costs and expenses otherwise allowed by Law. 18.1.4 Severability. If any provision of this Lease or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Lease and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated. 18.1.5 Law. This Lease shall be construed and enforced in accordance with the Laws of the State of California, without reference to its choice of law provisions. 18.1.6 Interpretation. The titles to the sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. As used in this Lease, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Lease shall be interpreted as though prepared jointly by both parties. 18.1.7 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the successors and assigns of Landlord and, subject to compliance with the terms of Section 15, Tenant. 18.1.8 Third Party Beneficiaries. Nothing herein is intended to create any third - party benefit. 18.1.9 Memorandum of Lease. On the Commencement Date, the parties will execute and record in the official records of San Mateo County a Memorandum of Lease substantially in form attached hereto as Attachment 3 ("Memorandum"). Upon the expiration or other termination of this Lease, Tenant shall immediately execute and deliver to Landlord a quitclaim deed to the Premises, as required, in recordable form, designating Landlord as transferee or grantee. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises or any portion thereof. REV: 01-21-2022 SK 15 ATTY/AGR.2022.010 2/City- County Land Swap (Page 21 of 34)