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RES 2024040
City of Pleasanton
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RES 2024040
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6/18/2024 4:24:22 PM
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6/18/2024 4:22:47 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/4/2024
DESTRUCT DATE
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36 <br />4859-3312-3005v3 <br />235 Montgomery Street, Suite 1110 <br />San Francisco, CA 94104 <br />Attention: Nicole Kline, Esq. <br /> <br />With a copy to: <br /> <br /> <br /> <br /> <br /> <br />Section 17.2 Interpretation. The terms of this Lease shall be construed in accordance <br />with the meaning of the language used and shall not be construed for or against any Party by <br />reason of the authorship of this Lease or any other rule of construction which might otherwise <br />apply. The Section headings are for purposes of convenience only, and shall not be construed to <br />limit or extend the meaning of this Lease. <br />Section 17.3 Modifications; No Waiver. This Lease shall not be modified or amended <br />in any respect, except by written instrument executed by the Parties. Any waiver by Lessor of <br />any term or provision of this Agreement must be in writing. No waiver shall be implied from <br />any delay or failure by Lessor to take action on any breach or default hereunder or to pursue any <br />remedy allowed under this Agreement or applicable law. No failure or delay by Lessor at any <br />time to require strict performance by Lessee of any provision of this Agreement or to exercise <br />any election contained herein or any right, power or remedy hereunder shall be construed as a <br />waiver of any other provision or any succeeding breach of the same or any other provision hereof <br />or a relinquishment for the future of such election. <br />Section 17.4 Governing Law; Venue. This Lease, and the rights and obligations of the <br />Parties hereunder, shall be governed by and construed in accordance with the substantive laws of <br />the State of California without regard to conflict of law principles. Venue for any dispute <br />hereunder shall be in Alameda County, California. <br />Section 17.5 Binding Effect. This Lease shall inure to the benefit of and be binding <br />upon the Parties hereto, their successors, administrators, executors and permitted assigns, subject <br />to the limitations on Transfer set forth herein and in the Regulatory Agreement. <br />Section 17.6 Severability. In the event any provision or portion of this Lease is held by <br />any court of competent jurisdiction to be invalid or unenforceable, such holdings shall not affect <br />the remainder hereof, and the remaining provisions shall continue in full force and effect to the <br />same extent as would have been the case had such invalid or unenforceable provision or portion <br />never been a part hereof, except to the extent the rights and obligations of the parties have been <br />materially altered by such unenforceability. <br />Section 17.7 Further Assurances. From and after the date of this Lease, Lessor and <br />Lessee, each agree to undertake such actions and to execute and deliver such instruments as <br />reasonably requested to effectuate the provisions of this Lease.
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