8N Consent 2008 0902 - Laserfiche WebLink

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13.5 Attorneys' Fees. In the event that any action, proceeding or arbitration is commenced to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to its costs, including reasonable attorneys' fees and expenses. 13.6 Seyerability. If any provision of this Lease is determined to be illegal or unenforceable, this determination shall not affect any other provision of this Lease, and all other provisions shall remain in full force and effect. 13.7 Governing Law. This Lease shall be governed by and construed pursuant to law of the State of California. 13.8 Further Assurances. The parties agree to take such other actions and to execute such other instruments reasonably necessary to effectuate the intent of this Agreement. The parties agree to execute and record in the Official Records of Alameda County the Memorandum of Lease and Option to Purchase attached hereto as Exhibit E. 13.9. Amendments. This Lease maybe modified only in writing and only if signed by all of the parties at the time of the modification. 13.10 Relocation. On the Commencement Date, the Agency shall pay to Lessor the sum of Ten Thousand Dollars ($10,000) to cover Lessor's relocation costs incurred in relocating from the Property. In addition, if Lessor moves into the Office Condominium, on the Closing Date, Agency will pay an additional Ten Thousand Dollars ($10,000) to Lessor to cover Lessor's costs of moving to the Office Condominium. Lessor hereby agrees that the foregoing payments shall satisfy all obligations (if any) that Agency may have pursuant to the California Uniform Relocation Act, Government Code Section 7260, et seq. (the "Relocation Act'') and hereby knowingly and willingly waives all rights Lessor may have to claim any additional benefits pursuant to the Relocation Act. Lessor further acknowledges and agrees that it has carefully read the contents of the waiver and release set forth in this Section and that, in executing this Agreement, it does so with full knowledge of any right which it may have, that it has received independent legal advice from its attorneys, or in the alternative, knowingly has determined not to seek legal advice with respect to the matter set forth herein. Lessor hereby voluntarily and knowingly waives, releases and discharges forever Lessor from any claims for any such benefits. 13.11 Release. Lessor is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. As such relates to Sections 4.4 and 13.10 of this Lease, Lessor hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. This Section 13.11 shall survive the expiration or earlier termination of this Lease. Lessor Initials 1137220-3 1 1