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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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072109
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03
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7/14/2009 2:27:48 PM
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7/14/2009 2:27:46 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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19. INTEGRATION. It is agreed and understood that this Agreement contains all <br /> agreements, promises and understandings between LESSOR and LESSEE and that no verbal or <br /> oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE <br /> in any dispute, controversy or proceeding at law, and any addition, variation or modification to <br /> this Agreement shall be void and ineffective unless made in writing signed by the Parties. In the <br /> event any provision of the Agreement is found to be invalid or unenforceable, such finding shall <br /> not affect the validity and enforceability of the remaining provisions of this Agreement. The <br /> failure of either Party to insist upon strict performance of any of the terms or conditions of this <br /> Agreement or to exercise any of its rights under the Agreement shall not waive such rights and <br /> such Party shall have the right to enforce such rights at any time and take such action as may be <br /> lawful and authorized under this Agreement, in law or in equity. <br /> 20. GOVERNING LAW. This Agreement and the performance thereof shall be <br /> governed, interpreted, construed and regulated by the Laws of the State in which the Property is <br /> located. <br /> 21. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the <br /> LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, <br /> subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's <br /> assets in the market defined by the Federal Communications Commission in which the Property <br /> is located by reason of a merger, acquisition or other business reorganization. As to other parties, <br /> this Agreement may not be sold, assigned or transferred without the written consent of the <br /> LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No <br /> change of stock ownership, partnership interest or control of LESSEE or transfer upon <br /> partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. <br /> LESSEE may sublet the Premises within its sole discretion, upon notice to LESSOR. Any <br /> sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and <br /> shall be binding upon the successors, assigns, heirs and legal representatives of the respective <br /> Parties hereto. <br /> 22. NOTICES. All notices hereunder must be in writing and shall be deemed validly <br /> given if sent by certified mail, return receipt requested or by commercial courier, provided the <br /> courier's regular business is delivery service and provided further that it guarantees delivery to <br /> the addressee by the end of the next business day following the courier's receipt from the sender, <br /> addressed as follows (or any other address that the Party to be notified may have designated to <br /> the sender by like notice): <br /> Meadowlark Park <br /> 1006543 2 <br /> 9 <br />
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