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RES 17969
City of Pleasanton
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RES 17969
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11/7/2017 3:56:57 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
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DOCUMENT NO
17969
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releasing Lessor in whole or in part from the obligation to be performed by Lessor hereunder, <br /> may cure the default at Lessor's cost provided that Lessor has been given sixty(60) days <br /> advance wntten notice of Lessee's election to do so and Lessor has not within such time notified <br /> Lessee that Lessor will cure the default, and/or (iii) may terminate this Lease <br /> Section 12 4 Notices Notices given by Lessor under Section 12 1 or by Lessee under <br /> Section 12 4 shall specify the alleged default and the applicable Lease provisions, and shall <br /> demand that Lessee or Lessor, as applicable, perform the appropriate provisions of this Lease <br /> within the applicable period of time for cure No such notice shall be deemed a forfeiture or <br /> termination of this Lease unless expressly set forth in such notice <br /> ARTICLE 13 <br /> QUIET ENJOYMENT AND POSSESSION; INSPECTIONS <br /> Section 13 1 Quiet Enjoyment Lessor covenants and warrants that Lessee, upon <br /> payment of all sums herein provided and upon performance and observance of all its covenants <br /> herein contained, shall peaceably and quietly have, hold, occupy, use and enjoy, and shall have <br /> the full, exclusive and unrestncted use and enjoyment of, all of the Leased Premises dunng the <br /> Term, subject only to the provisions of this Lease and all applicable Legal Requirements <br /> Section 13.2 Lessor's Right of Inspection Notwithstanding Section 13.1 above, <br /> Lessor, in person or through its agents, upon reasonable pnor notice to Lessee, shall have the <br /> right, subject to the nghts of Tenants, to enter upon the Leased Premises for purpose of <br /> reasonable inspections performed during reasonable business hours in order to assure compliance <br /> by Lessee with its obligations under this Lease <br /> ARTICLE 14 <br /> VACATION OF LEASED PREMISES <br /> Section 14 1 Vacation Upon Termination Lessee covenants that upon any termination <br /> of this Lease, whether by lapse of time or because of any of the conditions or provisions <br /> contained herein, Lessee will peaceably and quietly yield and surrender possession of the Leased <br /> Premises to Lessor. The foregoing, however, will be subject to the rights of Tenants or others in <br /> possession pursuant to Tenant Leases with Lessee, provided that such Tenants are not in default <br /> thereunder and attorn to Lessor as their lessor. An action of forcible detainer shall lie if Lessee <br /> holds over after a demand for possession is made by Lessor. <br /> ARTICLE 15. <br /> NON-MERGER <br /> Section 15.1 Non-Merger Except upon expiration of the Term or upon termination of <br /> this Lease, there shall be no merger of either this Lease or Lessee's Estate created hereunder with <br /> Lessor's fee interest in the Land or Lessee's fee interest in the Improvements by reason of the <br /> fact that the same person may acquire, own or hold, directly or indirectly, (a) this Lease, Lessee's <br /> Estate created hereunder or any interest in this Lease or the Improvements, and (b) a fee interest <br /> 38 <br /> 191\52\1656915 8 <br /> OAK#48.4-9609-1684 v9 <br />
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