RES 16831 - Laserfiche WebLink

To Lessor: City of Pleasanton 123 Main Street Pleasanton, CA 94566-0802 Attention: City Manager With copies to: Burke, Williams & Sorensen, LLP 1901 Harrison Street, 9`h floor Oakland, CA 94612 Attention: Susan E. Bloch, Esq. To Lessee: Kottinger Gardens Phase 1 Associates, L.P. 303 Vintage Park Drive, Suite 250 Foster City, CA 94404 Attention: Matthew O. Franklin, President With copies to Gubb & Barshay LLP 505 14`h Street, Suite 1050 Oakland, CA 94612 Attention: Natalie Gubb MUFG Union Bank, N.A. 200 Pringle Avenue, Suite 355 Walnut Creek, CA 94596 Section 17.17 Counterparts. This Lease may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same agreement. Section 17.18 Time of Essence. Time is and shall be of the essence in this Lease. Section 17.19 Attorneys' Fees. In any litigation or other action brought to enforce this Lease or regarding a dispute over terms of the Lease or the performance of a Party, the prevailing party in such litigation or action shall be entitled to attorneys' fees and the costs of such litigation. Section 17.20 No Third Party Beneficiaries. Except as expressly set forth herein, nothing contained in this Lease is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder. Section 17.21 Parties Not Co-Venturers; Independent Contractor; No Agency Relationship. Nothing in this Lease is intended to or shall establish the Parties as partners, co- venturers, or principal and agent with one another. The relationship of Lessee and Lessor is and shall remain solely that of a tenant and landlord, and shall not be construed as a joint venture, equity venture, partnership or any other relationship. Lessor neither undertakes nor assumes any 42 191A52V1656915.8 OAK#4834-9609-1684 v8