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fixed by the City, payable monthly in advance, but otherwise on <br />the same terms and conditions as herein provided. <br />22. WAIVERS. <br />No waiver by the City at any time or any of the <br />terms, conditions, covenants or agreements of this lease shall be <br />deemed or taken as a waiver at any time thereafter of the same or <br />any other terms, conditions, covenants or agreements herein <br />contained, nor of the strict and prompt performance thereof by <br />lessee. No delay, failure or omission of the City to re-enter <br />the demised premises or to exercise any right, power, privilege <br />or option arising from any default, nor subsequent acceptance of <br />rent then or thereafter accrued, shall impair any such right, <br />power, privilege or option, or be construed to be a waiver of any <br />such default or relinquishment thereof, or acquiescence therein, <br />and no notice by the City shall be required to restore or revive <br />time as of the essence hereof after wavier by the City of default <br />in one or more instances. No option, right, power, remedy or <br />privilege of the City shall be construed as being exhausted or <br />discharged by the exercise thereof in one or mare instances. It <br />is agreed that each and all of the rights, powers, remedy or <br />privilege of the City shall be construed as being exhausted or <br />discharged by the exercise thereof in one or more instances. It <br />is agreed that each and all of the rights, powers, options or <br />remedies given to the City by this sublease are cumulative, and <br />no one of them shall be exclusive of the other or exclusive of <br />any remedies provided by law, and that the exercise of one right, <br />power, option or remedy by the City shall not impair its rights <br />to any other right, power, option or remedy. <br />23. WAIVER OF CLAIMS. <br />Lessee hereby waives any claim against the City of <br />San Leandro, its officers, agents or employees for damage or loss <br />caused by any suit or proceeding directly or indirectly attacking <br />the validity of this lease, or any part thereof, or by any <br />judgment or award in any suit or proceeding declaring this lease <br />null, void or voidable, or delaying the same, or any part <br />thereof, from being carried out. <br />24. TIME OF ESSENCE. <br />Time is expressly declared to be of the essence of <br />this lease. <br />25. NOTICE. <br />Any notice permitted or required to be served upon <br />Lessee may be served upon it at 401 Marina Boulevard, San <br />Leandro, California 94577; provided, however, that if Lessee <br />Mfarch 19, 1991 <br />csl\agree\slbc.lse 9 <br />