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through the life of the Term. Any partial month shall be prorated at$268.00 per day. In the event <br /> Tenant elects to exercise any of the optional twelve (12) one-month extensions, the monthly lease <br /> will increase to $8,251.00, with any partial month prorated at $275.00 per day. All payments of <br /> Rent and other sums due to Landlord hereunder shall be made payable to"The City of Santa Ana" <br /> and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA <br /> 92702. A LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY <br /> PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 10' of the month. Landlord and <br /> Tenant hereby agree that Rent for any Extension Period, if the option for such is exercised, shall <br /> be subject to a CPI adjustment annually on the anniversary of the commencement date of the term <br /> hereof. <br /> 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof <br /> beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the <br /> Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or <br /> termination. Nothing contained herein shall be construed as consent by Landlord to any holding <br /> over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination <br /> of this Lease shall operate and be construed as a tenancy from month to month subject to the terms <br /> of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. <br /> 8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to <br /> Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority <br /> to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any <br /> liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, <br /> governmental rules or regulations, title restrictions, zoning, endangered species or any other <br /> matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this <br /> Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not <br /> in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and <br /> enjoyment of the Premises, all improvements located thereon and of all easements, rights and <br /> appurtenances thereunto belonging. <br /> 9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: <br /> Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or <br /> expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire <br /> or any other casualty,or damage from any other cause unless such other cause is solely attributable <br /> to the negligence of Tenant. <br /> 10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the <br /> Premises or any part thereof without the prior written consent of Landlord. <br /> 11. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable <br /> wear and tear, Landlord agrees at Landlord's expense to(1)provide general building maintenance.. <br /> and (2) maintain in good repair the foundation, retaining walls and structural soundness of the <br /> Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical <br /> wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make <br /> Page 2 of 12 <br />