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02 AGREEMENT VINEYARD
City of Pleasanton
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02 AGREEMENT VINEYARD
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10/12/2007 2:37:52 PM
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10/12/2007 2:37:51 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
10/16/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
02 AGREEMENT VINEYARD
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increases, notice of non-compliance with Park Rules and <br />Regulations, notice of termination of this Lease and notice of <br />any meeting to discuss amendments to Park Rules and Regulations, <br />standards for maintenance and physical improvements in the Park <br />etc., will have been duly and validly affected if a notice is <br />mailed to the Resident at Resident's address in the Park via <br />first class United States mail, postage prepaid. Any notice <br />served upon Resident in this manner shall be deemed served five <br />(5) days subsequent to its mailing. Service of future copies of <br />the Mobilehome Residency Law may be served in the same manner. <br />21. WAIVER. The waiver by Park of, or the failure of Park <br />to take action in any respect to, any breach of any term, <br />covenant, or condition herein contained, shall not be deemed to <br />be a waiver of such term, covenant or condition. The subsequent <br />acceptance of rent by Park shall not be deemed to be a waiver of <br />any preceding breach by Resident of any term, covenant or <br />condition of this covenant other than the failure of Resident to <br />pay the particular rent so accepted, regardless of Park's <br />knowledge of such preceding breach at the time of accepting such <br />rent and whether or not the breach is continuing in nature. <br />22. ATTORNEY'S FEES AND COURT COSTS. If an action at law <br />or equity shall be brought to recover any rent or any utilities <br />due under this Lease or on account of any breach of, or to <br />enforce or interpret any of the covenants, terms or conditions of <br />this Lease or the rules attached hereto for the recovery of <br />possession of the demised premises, the prevailing parties shall <br />be entitled to recover from the other as part of the prevailing <br />party's costs, reasonable attorney's fees, the amount of which <br />shall be fixed by the court and made a part of any judgment or <br />decree rendered and the Park shall be entitled to receive as <br />court costa the cost of the service of any notice required to be <br />serviced upon the Resident in relationship to the legal action. <br />23. TIME OF THE ESSENCE. Time is of the essence of this <br />Lease. <br />24. SAVINGS CLAUSE. Each provision of this Lease is <br />separate and distinct and individually enforceable. In the event <br />any provision is declared to be unlawful, the enforceability of <br />all other provisions shall not be affected. <br />25. INSPECTION OF PREMISES. By signing this Lease, <br />Resident acknowledges that Resident has carefully inspected the <br />space to be rented and all the Park's facilities and has found <br />them to be in every respect as represented by Park to Resident, <br />whether orally or in writing. <br />26. CONDEMNATION. This Lease shall be subject to <br />termination by Park at will in the event of a condemnation or a <br /> <br />J <br />- 6 - <br />ExHi6ir G <br />
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