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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 />M. All provisions of this Lease shall be construed as covenants and agreements where <br />used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, <br />their respective heirs, legal representatives, successors and assigns. <br />n. All periods of time shall include Saturdays, Sundays and legal holidays; provided <br />that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, <br />then such act or notice shall be timely performed if given on the next succeeding business day. <br />o. Nothing contained in this Lease shall be deemed or construed by the parties hereto <br />or by any third party to create the relationship of principal and agent or of partnership or of joint <br />venture or of any association between Landlord and Tenant, and no provision contained in this <br />Lease nor any acts of the parties hereto shall be deemed to create any relationship between <br />Landlord and Tenant other than the relationship of landlord and tenant. <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed <br />by and through their authorized officers the day, month and year first written above. <br />ATTEST: <br />CITY OF SANTA ANA <br />Jermif I1 om Hat <br />y Cler Interim City Manager <br />APPROVED AS TO FORM RAILWORKS TRACI{ SERVICES, INC. <br />Sonia R. Carvalho <br />City Attorney <br />By. �� 7� #�� — <br />Jose M ntoya By: Ernesto Rrvera <br />Assistant City Attorney Senior Manager <br />[Signatures continued on the following page] <br />11 <br />