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California Conservatory Theatre
<br />2003-2008 Lease
<br />26. WAIVERS.
<br />Page 8 of 12
<br />No waiver by the City at any time on any of the terms, conditions, covenants, or
<br />agreements of this lease shall be deemed or taken as a waiver at any time thereafter of the same or
<br />any other terms, conditions, covenants, or agreements herein contained, nor of the strict and prompt
<br />performance thereof by Lessee. No delay, failure, or omission of the City to re-enter the Premises
<br />or to exercise any right, power, privilege, or option arising from any default, nor subsequent
<br />acceptance of rent then or thereafter accrued, shall impair any such right, power, privilege, or
<br />option, or be construed to be a waiver of any such default or relinquishment thereof or acquiescence
<br />therein. It is agreed that each and all of the rights, powers, options, or remedies given to the City by
<br />this lease are cumulative, and no one of them shall be exclusive of the other or exclusive of any
<br />remedies provided by law, and that the exercise of one right, power, option, or remedy by the City
<br />shall not impair its rights to any other right, power, option, or remedy.
<br />27. WAIVER OF CLAIMS.
<br />Lessee hereby waives any claim against City and its officers, agents, or employees
<br />for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of
<br />this lease, or any part thereof, or by any judgment or award in any suit or proceeding declaring this
<br />lease null, void, or voidable, or delaying the same, or any part thereof, from being carried out.
<br />28. TIlVLE OF ESSENCE.
<br />Time is expressly declared to be of the essence of this lease.
<br />29. NOTICE.
<br />Any notice permitted or required to be served upon Lessee maybe served upon it at
<br />Post Office Box 894, San Leandro, California 94577; provided, however, that if Lessee shall give
<br />notice in writing to City of any change in said address, then and in such event, such notice shall be
<br />given to Lessee at such substituted address. Any notice permitted or required to be served upon
<br />City may be served upon it at 83S East 14th Street, City Hall, San Leandro, California, 94577;
<br />provided, however, that if City shall give notice in writing to Lessee of any change in said address,
<br />then and in such event, such notice shall be given to the City at such substituted address.
<br />30. CONFLICT OF INTEREST.
<br />Lessee warrants and covenants that no official or employee of City or any business
<br />entity in which an official or employee of City is interested:
<br />a. Has been employed or related to solicit aid in the procuring of this sublease;
<br />b. Will knowingly be employed in the performance of this contract without the
<br />immediate divulgence of such fact to City.
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