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FULL PACKET_2019-09-17
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FULL PACKET_2019-09-17
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City Clerk
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Clerk of the Council
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9/17/2019
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DocuSign Envelope ID: 8D50DC2A-E339-4EBC-A386-00OA7CF55027 <br />25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is for <br />storage space for equipment and materials associated with the OC Streetcar Project. No other <br />use of the Premises shall be permitted without written consent of the Landlord. <br />26. GENERAL PROVISIONS: <br />(a) This Lease (and the documents referred to herein) constitutes the entire agreement <br />between the parties pertaining to the lease of Suite 101 contained herein and supersedes any and <br />all prior and contemporaneous agreements, representations and understandings, oral or <br />otherwise, between or among the parties with respect to the matters contained herein. <br />(b) Landlord agrees to turn over the Premises is clean, good condition and in working <br />order. <br />(c) This Lease shall be binding upon, and inure to the benefit of, the parties hereto <br />and their respective heirs, legatees, distributes, legal representatives, successors and assigns. <br />(d) This Lease shall not be modified, amended or supplemented, in whole or part, <br />without the prior written consent of all parties hereto. Each and every waiver of any covenant, <br />representation, warranty or any other provision hereof must be in writing and signed by each <br />party whose interests are adversely affected by such waiver. No waiver granted in any one <br />instance shall be construed as a continuing waiver applicable in any other instance. <br />(e) If any legal action or other proceeding is brought for the enforcement hereof, or <br />because of an alleged dispute, breach, default or misrepresentation in connection with any <br />provisions hereof, the successful or prevailing party or parties shall be entitled to recover <br />reasonable and necessary attorneys' fees, court costs and all reasonable and necessary expenses <br />even if not taxable as court costs (including, without limitation, all such fees, costs and expenses <br />incident to appeals), incurred in that action or proceeding, in addition to any other relief to which <br />such party or parties may be entitled. <br />(0 This Lease shall be governed by the internal laws of the State of California <br />without regard to and excluding its principles of conflicts of laws. <br />(g) The parties further agree that upon request, they shall do such further acts and <br />deeds, and shall execute, acknowledge, deliver and record such other documents and <br />instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out <br />the intent and purposes of this Lease. <br />(h) Unless the context in which used clearly requires another construction, throughout <br />this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the <br />neuter gender shall include the masculine or both, and the singular of terms shall include the <br />plural and vice versa. The section headings are for convenience only and shall not affect the <br />construction hereof. <br />(i) If any one or more of the provisions hereof shall for any reason be held invalid, <br />illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not <br />20A-12 <br />
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