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04
City of Pleasanton
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9/29/2008 4:51:08 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
10/7/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
04
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Lessee: MettoPCS California, LLC <br />2250 Lakeside Blvd. <br />Richazdson, Texas 75082 <br />Attn: Property Manager <br />Telephone: 214-265-2550 <br />Facsimile: 214-265-2570 <br />Lessor or Lessee may from time to time designate any other address for notices or deliveries by written notice to the <br />other party. <br />23. Miscellaneous. <br />(a) Severability. If any provision of the Lease Agreement is held to be invalid or <br />unenforceable by a court of competent jurisdiction with respect to any party, the remainder of this Lease Agreement <br />or the application of such provision to persons other than those as to whom it is held invalid or unenforceable shall <br />not be affected, and each provision of this Lease Agreement shall be valid and enforceable to the fullest extent <br />permitted by law. <br />(b) Bindin¢ Effect. Each party represents and warrants that said party has full power and <br />authority, and the person(s) executing this Lease Agreement have full power and authority, to execute and deliver <br />this Lease Agreement, and that this Lease Ageement constitutes a valid and binding obligation of each party, <br />enforceable in accordance with its terms. This Lease Agreement shall be binding on and inure to the benefit of the <br />successors and permitted assignees of the respective parties. <br />(c) Waivers. No provision of this Lease Agreement shall be deemed to have been waived by <br />a party unless the waiver is in writing and signed by the party against whom enforcement of the waiver is attempted. <br />No custom or practice which may develop between the parties in the implementation or administration of the terms <br />of this Lease Agreement shall be construed to waive or lessen any right to insist upon strict performance of the terms <br />of this Lease Agreement. <br />(d) Governing Law. This Lease shall be governed by and construed in accordance with the <br />laws of the State of California. <br />(e) Attorneys' Fees and Costs. The prevailing party in any legal claim azising hereunder <br />shall be entitled to its reasonable attorneys' fees and court costs. <br />(E) Survival. Terms and conditions of this Lease Agreement which by their sense and <br />context survive the termination, cancellation or expiration of this Lease Agreement will so survive. <br />(g) Memorandum of Lease. Lessor acknowledges that a Memorandum of Agreement <br />substantially in the form annexed hereto as Exhibit C will be recorded by Lessee in the Official Records of the County <br />where the Property is located. <br />(h) Entire Agreement: Amendments. This Lease Agreement constitutes the entire <br />agreement and understanding between the parties regazding Lessee's lease of the Premises and supersedes all offers, <br />negotiations and other agreements concerning the subject matter contained herein. There are no representations or <br />understandings of any kind not set forth herein. Any amendments to this Lease Agreement must be in writing and <br />executed by authorized representatives of both parties. <br />(i) No Presumptions Regarding Preparation of Lease Agreement. The parties <br />acknowledge and agree that each of the parties have been represented by counsel or has had full opportunity to <br />Page 7 of 12 <br />Site No: SF06520A -Santos Ranch <br />Site Address: 3998 Foothill Rd., Pleasantoq CA <br />FOVAL LEASE 9.I4.Og <br />
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