Laserfiche WebLink
C. Tenant Waivers, TENANT HEREBY WAIVES ANY AND ALL RIGHTS CONFERRED BY <br /> SECTION 3275 OF THE CIVIL CODE OF CALIFORNIA AND BY SECTIONS 1174(c)AND <br /> 1179 OF THE CODE OF CIVIL PROCEDURE OF CALIFORNIA AND ANY AND ALL <br /> OTHER LAWS AND RULES OF LAW FROM TIME TO TIME IN EFFECT DURING THE <br /> LEASE TERM PROVIDING THAT TENANT SHALL HAVE ANY RIGHT TO REDEEM, <br /> REINSTATE OR RESTORE THIS LEASE FOLLOWING ITS TERMINATION BY REASON <br /> OF TENANT'S BREACH. TENANT ALSO HEREBY WAIVES,TO THE FULLEST EXTENT <br /> PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING <br /> OUT OF OR RELATING TO THIS LEASE. <br /> d. Non-Exclusive Eights, No right or remedy herein conferred upon or reserved to Landlord <br /> is intended to be exclusive of any other right or remedy, and each and every right and <br /> remedy shall be cumulative and in addition to any other right or remedy given hereunder or <br /> now or hereafter existing by agreement, applicable Law or in equity, In addition to other <br /> remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by <br /> applicable Law, to Injunctive relief, or to a decree compelling performance of any of the <br /> covenants, agreements, conditions or provisions of this Lease, or to any other remedy <br /> allowed to Landlord at Law or in equity. Forbearance by Landlord to enforce one or more <br /> of the remedies herein provided upon an event of Default shall not be deemed or construed <br /> to constitute a waiver of such Default. <br /> e. Non-Monetary Defaults. If Tenant is in Default of any of Its non-monetary obligations under <br /> this Lease, Landlord shall have the right to perform such obligations. Tenant shall <br /> reimburse Landlord for the cost of such performance upon demand together with an <br /> administrative charge equal to ten percent (10%) of the cost of the work performed by <br /> Landlord. <br /> This Section 21 shall be enforceable to the maximum extent such enforcement is not prohibited by <br /> applicable Law, and the unenforosability of any portion thereof shall not thereby render <br /> unenforceable any other portion. <br /> 22. Limitation of Liability. <br /> NEITHER LANDLORD NOR ANY LANDLORD RELATED PARTY SHALL BE PERSONALLY <br /> LIABLE FOR ANY JUDGMENT OR DEFICIENCY AND IN NO EVENT SHALL LANDLORD OR ANY <br /> LANDLORD RELATED PARTY BE LIABLE TO TENANT FOR ANY LOST PROFIT, DAMAGE TO OR <br /> LOSS OF BUSINESS OR ANY FORM OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE, <br /> BEFORE FILING SUIT FOR AN ALLEGED DEFAULT BY LANDLORD, TENANT SHALL GIVE <br /> LANDLORD NOTICE AND REASONABLE TIME.TO CURE THE ALLEGED DEFAULT. <br /> 23. No Wainer. <br /> Either party`s failure to declare a default immediately upon Its occurrence, or delay in taking action <br /> _for a default-shall not-constitute-a waiver of the default;nor-shall-it constitute-an-estoppel--- <br /> 24. Quiet Enjoyment. <br /> Tenant shall, and may peacefully have, hold and enjoy the Premises, subject to the terms of this <br /> Lease, provided Tenant pays the Rent and fully {performs all of its covenants and agreements. This <br /> covenant and all other covenants of Landlord shall be binding upon Landlord and Its successors only during <br /> its or their respective periods of ownership of the Building. <br /> -14- 4 HUTTON CENTRE <br /> SMRH:4898-2585-6119.E City of Santa Ana(Police Substation) <br /> 072325 92ZK-404113 <br /> 2210691.1 <br />