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Agenda - 10-04-1993 - VIII-C
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Agenda - 10-04-1993 - VIII-C
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2/6/2017 4:34:13 PM
Creation date
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BOCC
Date
10/4/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VIII-C
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SS ,6 <br /> conditions of this Lease or otherwise . This provision sha n b <br /> deemed, construed, or interpreted to be or constitute an agreemen <br /> express or implied, between Landlord and Tenant that the Landlord' s <br /> interest hereunder shall be subject to impressment of an equitable <br /> lien or otherwise . Nothing herein contained shall be construed to <br /> limit any right of injunction against the Landlord, where <br /> appropriate . <br /> 32 . ATTORNEY FEES . In case suit shall be brought for <br /> recovery of possession of the Premises, for the recovery of rent or <br /> any other amount due under the provisions of this Lease or because <br /> of the breach of any other covenant herein contained on the part of <br /> I either party to be kept or performed and a breach shall be <br /> established, the prevailing party shall be entitled to recover all <br /> expenses incurred therefor, including reasonable attorney' s fees . <br /> 33 . OPTION TO TERMINATE. Provided that Tenant shall not be <br /> in default under any of the terms of this Lease, Tenant shall have <br /> 1K the option to terminate this Lease as of December 31, 1998 , upon <br /> eighteen (18) months prior written notice to Landlord. <br /> 34 . PARTIAL INVALIDITY If any term, covenant or condition of <br /> this Lease or the application thereof to any person or <br /> circumstances shall , to any extent, be invalid or unenforceable, <br /> the remainder of this Lease, or the application of such term, <br /> covenant or condition to persons or circumstances other than those <br /> as to which it is held invalid or unenforceable, shall not be <br /> affected thereby and each term, covenant or condition of this Lease <br /> shall be valid and be enforced to the fullest extent permitted by <br /> law. <br /> 35 . RECORDING. Tenant shall not record this Lease without <br /> the written consent of Landlord, however, upon the request of <br /> either party hereto the other party shall join in the execution of <br /> a memorandum or so-called "short form" of this Lease shall describe <br /> the parties, the Lease Premises and the term of this Lease, and <br /> shall incorporate this Lease by reference . <br /> 36 . NUMBER AND GENDER. The use herein of a singular term <br /> shall include the plural and use of the masculine, feminine or <br /> neuter genders shall include all others . <br /> 37 . TIME OF ESSENCE:REASONABLENESS . Time is of the essence <br /> of this agreement . Anywhere in this Lease that Landlord' s consent <br /> is required, such consent shall not be unreasonably withheld or <br /> delayed. <br /> 38 . NOTICES . Any notice required to Landlord or Tenant by <br /> the terms of this Lease shall be deemed given and received on the <br /> date of the mailing of such notice in writing to the Landlord or <br /> Tenant, as the case may be, provided such notice is transmitted by <br /> certified or registered mail, return receipt requested, postage <br />
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