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Managements, lessees, sublessees, subtenants, or vendees in the land herein leased. Any discrimination under this Section 13.5 deemed to have occurred by Waste Management shall constitute default under this Lease. 13.6 Time of Essence. Time is and shall be of the essence of this Lease and of each and every provision contained in this Lease. 13.7 Construction of Lease; Severability. To the extent allowed by law, the terms, covenants, conditions, provisions and agreements in this Lease shall be construed and given effect in a manner that avoids any violation of statute, regulation or law, City and Waste Management and their respective Successors and assigns covenant and agree that in the event any term, covenant, condition, provision or agreement in this Lease is held to be invalid or void by court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement in this Lease. 13.8 Relationship. The parties intend by this Lease to establish the relationship of City and Waste Management only, and do not intend to create a partnership, joint venture, joint enterprise, or any business relationship other than that of City and Waste Management. 13.9 No Benefit to Third Parties. Nothing herein shall be construed to be for the benefit of third parties, including BBC. 13.10 Exhibits. All Exhibits referred to herein are attached hereto and are by this reference incorporated herein. IN WITNESS WHEREOF, the parties to this Lease have duly executed this Lease as of the Effective Date. CITY: t/1f-AS-T~E-Ma~tA~EiVtC~tT. CITY OF SANLEANDRO e~laste management of Alameda County, Inc. .. .~.~ "_ ~° ~~~ ^~rrrn i i n_ . BAYSIDE BC, LP By: McMahon Development Group, LLC It anaging Memb By: Ru~sell D. Pi ce Executive Vice President B ~ ~~1k~~1.-_ ~ - Jq~`~ t, I.~v~..tN APPROVED AS TO FORM: Lian .Randolph, City Attorney City of San Leandro 622009-1 19