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Agenda Packet_2022-01-18
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Agenda Packet_2022-01-18
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1/18/2022
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fees, court costs and all expenses even if not taxable as court costs (including, without limitation, <br /> all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in <br /> addition to any other relief to which such party or parties may be entitled. <br /> (e) The parties hereby agree that each party and its attorneys have reviewed and revised <br /> this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved <br /> against the drafting party, shall not be employed in the interpretation of this Lease and no other <br /> rule of strict construction shall be used against any party. All exhibits and schedules attached or <br /> to be attached hereto, and all other agreements and instruments referred to herein, are hereby <br /> incorporated herein by reference, as fully as if copied herein verbatim. <br /> (f) This Lease shall be governed by the internal laws of the State of California without <br /> 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 instruments, <br /> as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and <br /> 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 plural <br /> and vice versa. The section headings are for convenience only and shall not affect the construction <br /> 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 /> affect the validity or enforceability of any other provision hereof, which shall be construed as if <br /> such invalid,illegal or unenforceable provision had never been contained herein.The parties intend <br /> that if any provision hereof is capable of two constructions, one of which would render the <br /> provision void and the other of which would render the provision valid, then the provision shall <br /> have the meaning which renders it valid. <br /> 0) Time is of the essence in the performance of each party's respective obligations. <br /> (k) This Lease may be executed simultaneously in one or more counterparts, each of <br /> which shall be deemed an original,but all of which taken together shall constitute one in the same <br /> instrument, and it shall not be necessary that any single counterpart bear the signatures of all <br /> parties. <br /> (1) Unless expressly stated to be exclusive, no remedy conferred herein shall be <br /> deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter <br /> available at law or equity. All remedies conferred herein, and all remedies now or hereafter <br /> available at law or equity, shall be deemed to be cumulative and not alternative, and may be <br /> enforced concurrently or successively. <br /> City Council 12 — 22 1/18/2022 <br />
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