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RES 2024040
City of Pleasanton
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RES 2024040
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/4/2024
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34 <br />4859-3312-3005v3 <br />Section 12.4 Notices. Notices given by Lessor under Section 12.1 or by Lessee under <br />Section 12.3 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 unrestricted use and enjoyment of, all of the Leased Premises during 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 prior notice to Lessee, shall have the <br />right, subject to the rights 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 with Lessor’s fee <br />interest in the Land or Lessee’s fee interest in the Improvements by reason of the fact that the <br />same person may acquire, own or hold, directly or indirectly (a) this Lease, Lessee’s Estate or <br />any interest in this Lease or the Improvements, and (b) a fee interest in the Land or the <br />Improvements, unless and until the Lessor, all Lenders with an Approved Loan, and all persons, <br />including any assignee of Lessor, having an interest in (i) this Lease or Lessee’s Estate, and (ii) <br />the fee estate in the Leased Premises or any part thereof, shall join in a written instrument <br />effecting such merger and shall duly record the same.
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