HOU, JOHN & TAO-JAN 1-2007 - Laserfiche WebLink

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8. Real Propertv Taxes. Owner shall be liable for all real property taxes that may be assessed against the Property. 9. Subleasing of Property. City shall not sublet the Property without the written consent of Owner. 10. Inspection bv Owner. Owner shall have the right to inspect the Property on twenty-four (24) hours prior written notice to City. 11. Breach. Failure to comply with any term, condition or provision in this Agreement shall constitute a breach. Except as otherwise provided in this Agreement, the non-breaching party (the "Complaining Party") shall give written notice of default to the party in default (the "Defaulting Party"), specifying in reasonable detail the nature of the default, and the Defaulting Party shall have five (5) days following receipt of notice to cure the default. Except as required to protect against further damages, the Complaining Party shall not initiate legal proceedings against the Defaulting Party unless the default is not cured within such five (5) day period, or, if the default is of a nature requiring more than five (5) days to cure, the Defaulting Party commences to cure the default within such five (5) day period and diligently pursues such cure to completion within a reasonable time, but in no event more than ten (10) days after receipt of notice of default. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. Any uncured breach of this Agreement may result in termination of this Agreement. 12. Non-Waiver. Failure to exercise, or any delay in exercising, any right Owner may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Partial Invaliditv. Any provision in this Agreement that is held unenforceable or invalid or which would adversely affect the validity, legality, or enforceability of this Agreement shall have no force or effect, but all remaining provisions ofthis Agreement shall remain in full force. 15. Modifications. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by City and the Owner or duly authorized representative of Owner. 16. Assignment bv Citv Prohibited. In no event shall City assign or transfer any portion ofthis Agreement or any rights herein without the prior express written consent of Owner, which consent Owner may give or withhold in its sole and absolute discretion. 17. Relationship ofCitv and Owner. The relationship of City and Owner pursuant to this Agreement is that of Owner-tenant, and the City shall not be, or be construed to be, a joint venture, equity venture, partnership or other relationship. 18. Notices. Except as otherwise expressly provided in this Agreement, in every case when, under the provisions of this Agreement, it shall be necessary or desirable for one party to serve any notice, request, demand, report or other communication on another party, the same shall be in writing and shall not be effective for any purpose unless served (i) personally, (ii) by independent reputable, overnight commercial courier, or (iii) by prepaid, registered or certified mail, with return receipt requested, addressed as follows: Page 3 of5