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FULL PACKET_2012-02-21
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FULL PACKET_2012-02-21
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City Clerk
Agency
Clerk of the Council
Date
2/21/2012
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26.0 Holding Over <br />In the event OCFA shall continue in possession of the Leased Premises after the term of <br />this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from <br />month -to -month and shall be governed by the conditions and covenants contained in this Lease. <br />27.0 Time <br />Time is of the essence in this Lease. <br />28.0 Prohibited Interests <br />OCFA maintains and warrants that it has not employed nor retained any company or <br />person, other than a bona fide employee working solely for OCFA, to solicit or secure this Lease. <br />Further, OCFA warrants that it has not paid nor has it agreed to pay any company or person, <br />other than a bona fide employee working solely for OCFA, any fee, commission, percentage, <br />brokerage fee, gift or other consideration contingent upon or resulting from the award or making <br />of this Lease. For breach or violation of this warranty, CITY has the right to rescind this Lease <br />without liability. For the term of this Lease, no member, officer or employee of CITY, during <br />the term of his or her service with CITY, shall have any direct interest in this Lease, or obtain <br />any present or anticipated material benefit arising therefrom. <br />29.0 Attorneys' Fees <br />If either party commences an action against the other party, either legal, administrative or <br />otherwise, arising out of or in connection with this Lease, the prevailing party in such litigation <br />shall be entitled to have and recover from the losing party all of its attorney's fees and other costs <br />incurred in connection with such action. <br />30.0 Incorporation of Recitals and Exhibits <br />All Recitals set forth above and exhibits referenced in this Lease are hereby incorporated <br />into the Lease as if set forth in full herein. In the event of any material discrepancy between the <br />terms of any exhibit so incorporated and the terms set forth in the main body of this Lease, the <br />terms set forth in the main body of this Lease shall control. <br />31.0 Corporate Authority <br />The persons executing this Lease on behalf of the Parties warrant that they are duly <br />authorized to execute this Lease on behalf of said Parties and that by their execution, the Parties <br />are formally bound to the provision of this Lease. <br />32.0 Lease Organization <br />The various headings in this Lease, the numbers thereof, and the organization of the <br />Lease into separate sections and paragraphs are for purposes of convenience only and shall not <br />be considered otherwise. <br />8 <br />827843.2 <br />60C -81 <br />
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