K. LEE GIFTS 4 -2009 - Laserfiche WebLink

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DO NOT RECORD parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Section 8.11 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.12 State of Emergency/Public Necessity Due to the fact that the Santa Ana Regional Transportation Center has been designated a Homeland Security Evacuation Center, upon the declaration of a state of emergency/public necessity, Landlord may, give immediate notice in writing to Tenant to suspend or revoke normal operation under this Agreement without liability to Tenant when the emergency/public necessity so requires, or to suspend operation immediately hereunder temporarily in the event of such public emergency, as may be determined by the City Manager. Such suspension will terminate as soon as the public necessity or emergency no longer exists. Tenant shall be compensated for any time of suspended use or operation by Landlord in the form of an equal amount of time added onto the term of the Lease by Landlord (i.e. Tenant suspends operation for 2 months due to state of emergency, Lease is extended an additional 2 months). Section 8.13 Conflict of Interest Tenant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of this Lease Agreement specified herein. Section 8.14 Attorney's Fees In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 8.15 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, or the Lease Term herein specified, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date. Any agreements or representations respecting the Premises or their leasing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Landlord and Tenant, or their successors in interest. 12