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27. BROKERAGE. TENANT warrants and represents to LANDLORD that TENANT has dealt with no
<br />broker or third person with respect to this Lease, and TENANT agrees to Indemnify LANDLORD against
<br />any brokerage claims arising out of this Lease, LANDLORD warrants and represents to TENANT that
<br />LANDLORD has employed no exclusive broker or agent In connection with this Lease. If either party
<br />Introduces a broker or third person on Its behalf for any extension, renewal or expansion of this lease, any
<br />fees or commissions shall be the sole responsibility of the party engaging such broker or third person.
<br />28. NOTICE. Al notices, requests, demands and other communications required or permitted to be
<br />given under the terms of this Lease by one party to the other shall be In writing addressed to the recipient
<br />party's Notice Address set forth below and shall be deemed to have been duly given or made (a) If
<br />delivered personally (including by commercial courier or delivery service) to the party's Notice Address,
<br />then as of the dale delivered (or if delivery is refused, on presentation), or (b) If mailed by certified mail to
<br />the party's Notice Address, postage prepaid and return receipt requested, then at the time received at the
<br />party's Notice Address as evidenced by the return recelpl, or (c) if mailed by first class mall to the party's
<br />Notice address, postage prepaid, then on the third (3rd) day following deposit In the United Slates Mail,
<br />Any party may change Its Notice Address by a notice given In the foregoing form and manner. The
<br />Notice Addresses of the parties are:
<br />If to LANDLORD: The City of Santa Ana
<br />C/o Paragon Partners Ltd.
<br />5762 Bolsa Avenue, Suite 201
<br />Huntington Beach, California 92649
<br />Fax: (714) 379-3376
<br />If to TENANT: Rodolfo Lamas
<br />19431 Rue de Valore
<br />Foothill Ranch, CA 92610
<br />Phone: (323) 376-8423
<br />Notwithstanding the foregoing, LANDLORD may always use the address of the Premises as TENANT'S
<br />Notice Address.
<br />29, SURRENDER. On or before the termination of this Lease, TENANT shall remove all of
<br />TENANT's goods, trade fixtures, personal property and effects from the Premises, and shall deliver to
<br />LANDLORD actual and exclusive possession of the Premises and all keys and locks thereto. TENANT
<br />shall deliver the Premises fully sanitized from any chemicals or other contaminants, broom clean, and In
<br />at least the same condition as they were at the commencement of the Lease or any prior lease between
<br />the parties for the Premises, or as they were modified during said term with LANDLORD's written
<br />consent, reasonable wear and tear only excepted, and TENANT shall be deemed to be encumbering the
<br />Premises until it delivers the Premises to LANDLORD in the condition required under this Lease. Any of
<br />TENANT's property that remains in the Premises upon termination of the Lease shall be deemed
<br />abandoned and shall be disposed of as LANDLORD sees fit, with no liability to TENANT for loss or
<br />damage thereto, and at the sole risk of TENANT. To the extent permitted by law, LANDLORD may
<br />remove and store any such property at TENANT's expense; retain same under LANDLORD's control; sell
<br />same at public or private sale (without notice) and apply the net proceeds of such sale to the payment of
<br />any sum due hereunder; or destroy same. In no case shall the Premises be deemed surrendered to
<br />LANDLORD until the termination date provided herein or such other date as may be specified in a written
<br />agreement between the parties, notwithstanding the delivery of any keys to LANDLORD.
<br />30. JOINT AND SEVERAL, ETC. If TENANT is several persons, corporations, or other legal entities,
<br />or a partnership, or some combination thereof, TENANT's obligations are joint and several. "LANDLORD"
<br />and "TENANT" mean the person or persons, natural or corporate, named above as LANDLORD and as
<br />TENANT respectively, and their respective heirs, executors, administrators, successors and assigns.
<br />31. DEFAULT AND REMEDIES. If TENANT fails to pay Rent when due, or to perform any term of
<br />this Lease, then, after not less than 3 days' written notice of default given in the manner required by law,
<br />LANDLORD, at LANDLORD'S option, may terminate this Lease, unless TENANT, within the time
<br />specified in such written notice, cures the default. If TENANT defaults, LANDLORD may elect to:
<br />(a) continue this Lease in effect, and enforce all of LANDLORD'S right and remedies under this
<br />Lease, Including the right to recover Rent as It becomes due, or
<br />(b) at anytime, terminate all of TENANT'S rights under this Lease, and recover from TENANT all
<br />damages LANDLORD may Incur by reason of TENANT'S default, Including the cost of recovering the
<br />Premises and including the worth at the time of termination or at the time of an award if suit is instituted to
<br />enforce this provision, of the amount by which the unpaid Base Rent for the balance of the term exceeds
<br />the amount of rental loss that the TENANT proves could be reasonably avoided.
<br />In addition to any other rights and remedies allowed by this Lease or by law, LANDLORD shall have the
<br />remedies set forth in California Civil Code Sections 1951.2 and 1951.4.
<br />32. ATTORNEYS' FEES. The prevailing party in any action brought by either party hereto based on
<br />any claim arising under this Lease shall be entitled to reasonable attorneys' fees.
<br />33. AMENDMENT. The terms of this Lease may not be modified or amended except by an
<br />Instrument In writing executed by each of the parties hereto.
<br />P..r.„ P.m., M—PMLs ,.m„ 6
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