FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)

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Owner during the term of this Tease shall be deemed an acceptance of a surrender of the Premises, unless such acceptance is expressed in writing and duly executed by Owner. The delivery of the key (to the Premises) to any employee or agent of Owner shall not operate as a termination of this lease or a surrender of the Premises. ARTICLE 35. ADDM A, E}L MITS AND RIMRS, Those Exhibits set forth in Paragraph O of the Basic Tease Provisions and those Riders and Addenda, if any, set forth in the Paragraphs p and R, respectively, of the Basic lease Provisions, are made a part hereof by this reference. Any Addenda, Exhibits and Riders to this Lase shall be attached hereto and shall be signed or initialed by Owner and Tenant. 4 ARTICLE 36. INVALIDITY. The parties hereto agree and state that the terms and provisions of this lease express the intent of their agreemnt as fully as possible; h—very the invalidity or unenforceability of any term or provision hereof (except for Tenant-s obligation to pay basic rent under Article 4 hereof) shall not affect or impair any other term or provision hereof, and the remainder of this Lease stall be valid and enforceable to the fullest extent permitted by law. ARTICLE 37. URUF PRSIATION AND GDVEFLNUIS LAW. In all cases the language in all parts of this lease shall be construed simply, according to its fair meaning and not strictly for or against Owner or Tenant. This Lase shall be governed by the laws of the State of California. ARTICLE 38. DEFINED TEW AND CAPTIONS. The word "Tenant" shall be deemed and taken to mean each and every person or party mentioned as a Tenant herein, be th` same one or more; and if there shall be more than one Tenant, any notice required or permitted by the terms of this Lase may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. If Tenant consists of more than one person or entity, they and each thereof shall be bound jointly and severally by the terms, covenants and agreements of this Lase. The word "Owner" as used herein shall mean only the owner or owners at the time in question of the fee title to (or lessee's interest in a ground lease of) the Property. T-ie use of the neuter singular pronoun to refer to Owner or Tenant shall be deemed a proper refer ence even though Owner or Tenant may be an individual, a partnership, an association, a corporation, or a group of two or more individuals, partnerships, associations or corporations. The necessary grammatical changes required to make the provisions of this Vase apply in the plural sense where there is more than one Owner or Tenant and to either corporations, associations, partnerships, or MAR 1988 -14- .