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1 <br />8 <br />9 <br />t0 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16. <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />4i <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />51 <br />52 <br />53 <br />54 <br />56 <br />56 <br />57 <br />56 <br />59 <br />60 <br />61 <br />62 <br />63 <br />64 <br />65 <br />66 <br />67 <br />68 <br />69 <br />7C <br />71 <br />72 <br />7; <br />7< <br />7! <br />7( <br />eference to this Section 27. and Tenant shall be entitled to immediate reimbursement of its security deposit <br />rom the party then holding said deposit. <br />25. H O L D l N G 0 V E R. Any holding over after the expiration of the term of this Lease, with the <br />:onsent of Landlord, shall be construed to be a tenancy from month to month, cancellable upon thirty(301 <br />Jays written notice, and at a rental and upon terms and conditions as existed during the last year of the term <br />hereof. <br />29. NOTICES. Wherever in this Lease it shall be required or permitted that notice and demand be <br />given or served by either partyto this Lease to or on the other, such notice or demand shall be given or served <br />and shall not be deemed to have been duly given or served unless in writing and forwarded by certified mail. <br />return receipt requested, addressed as follows: <br />City Of Santa Ana <br />TO: Harbor Square - Partners TO: Tenant Police r Department. <br />AT. 2915 Red Hi 11 Ave. #F-200 AT <br />Costa Mesa, CA 92625 24gGjyjr <br />Santo Ana, Ca. -92�02 - <br />TELEPHONE: (714) 557-0711 TELEPHONE: .(business)'-'71-4%834-4-282 <br />(home) — <br />Either party may change such address by written notice by certified mail to the ether. <br />30. S U C C E S S O R S I N I N T E R E S T. The covenants herein contained shall, subject to the <br />provisions as to assignment, applyto and bind the heirs, successors, executors, administrators and assigns of <br />all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. <br />31. TENANT'S PERFORMANCE BEFORE COMMENCEMENT. In the event ofa default <br />under this Section 31, prior to the commencement of the term of this Lease, it is expressly agreed by and <br />between Landlord and Tenant that the amount of damage to Landlord as a result of that default and the <br />termination of this Lease under this provision is difficult to calculate, and that Landlord shall be entitled to <br />retain as liquidated damages from the security deposit one month's Guaranteed Minimum Monthly Rental <br />plus such improvements as Tenant may have annexed to the property that cannot be removed without <br />damage thereto. <br />32. F O RC E MA.] E U R E. If either party hereto shall be delayed or prevented from the performance <br />of any act required hereunder by reason of acts of God, strikes, lockouts, labortroubles, inability to procure <br />materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of <br />the party obligated (financial inability excepted), performance of such act shall be excused for the period of <br />the delay and the period forthe performance of any such act shall be extended for a period equivalent to the <br />period of such delay, provided, however, nothing in this Section 32 contained shall excuse Tenant from the <br />prompt payment of any rental or other charge required of Tenant hereunder except as may be expressly <br />provided elsewhere in this Lease. <br />33. PARTIAL INVALIDITY. If any term,covenant, condition or provision of this L ease is held by a <br />court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof <br />shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof. <br />34. MARGINAL CAPTIONS. The various headings and numbersherein and the grouping ofthe <br />provisions of this Lease into separate sections and paragraphs are forthe purpose of convenience onlyand <br />shall not be considered a part hereof. <br />35. T I M E. Time is of the essence of this Lease. <br />36. S U B O R D I N A T 1 0 N, A T T O R N M E N T. This Lease, at Landlord's option, shall be <br />subordinate tothe lien of anyfirst deed of trust orfirst mortgage subsequently placed upon the real property <br />of which the demised premises are a part, and to any and all advances made on the security thereof, and to all <br />renewals, modifications, consolidations, replacements and extensions thereof-, provided, however, thatasto <br />the lien of any such deed of trust or mortgage, Tenant's right to quiet possession of the premises shall not be <br />disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the <br />provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, <br />trustee or ground lessorshall elect to have this Lease priorto the lien of its mortgage, deed of trust orground <br />lease, and shall give written notice thereof to Tenant, this Lease shall be deemed prior to such mortgage, <br />deed of trust or ground lease, whetherthis Lease is dated prior or subsequent to the date of said mortgage, <br />deed of trust or ground lease or the date of recording thereof. <br />In the event any proceedings are brought forforeclosure, or in the event of the exercise of the power of <br />sale under any mortgage or deed of trust made by Landlord covering the demised premises, Tenant shall <br />attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under <br />this Lease. <br />It upon any sale, assignment or hypothecation of the demised premises or the land thereunder by <br />Landlord, or at any other time, an estoppel certificate, and/or financial statement and/or assignment of rights <br />shall be requested of Tenant, Tenant agrees, within ten (10) days thereafter, to deliver such financial <br />statement, and io deliver such estoppel certificate (in recordable form) addressed to any such proposed <br />mortgagee or purchaser or to Landlord certifying the requested information, including among other things, <br />the dates of commencement and termination of this Lease, the amounts of security deposits, that this Lease <br />is in full force and effect (If such be the case) and that there are no differences, offsets ordefaults of Landlord, <br />or noting such differences, offsets or defaults as actually exist. Tenant shall be liable for any loss or liability <br />resulting from any incorrect Information certified, and such mortgagee and purchaser shall have the right to <br />rely on such estoppel certificate and financial statement. Tenant shall in the same manner acknowledge and <br />execute any assignment of rights to receive rents as required by any mortgagee of Landlord. <br />(3/22183) Page 10 of 11 <br />