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8K Consent 2010 0607
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8K Consent 2010 0607
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Last modified
6/5/2019 9:35:50 AM
Creation date
6/4/2010 9:55:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/7/2010
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PERM
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_CC Agenda 2010 0607
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0607
Reso 2010-067
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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experience in the subject matter area of the law for which Landlord's attorney's services were rendered <br />who practice in the County of Alameda. <br />29. SECTION HEADINGS: The Section headings contained herein are for convenience in <br />reference and are not intended to define the scope of any provision of this Agreement. <br />30. ENTIRE AGREEMENT; INCORPORATION OF EARLIER AGREEMENTS; AUTHORITY: <br />All of the earlier agreements between the Parties, to the extent they are inconsistent with what is contained <br />in this signed and dated Lease Agreement, are not included herein and no warranties, expressed or <br />implied, representations, promises, or statements have been made by either party unless endorsed herein <br />in writing, and no change or waiver of any provision hereof shall be valid unless made in writing and <br />executed by both Parties hereto. This agreement represents the entire agreement between the Parties. All <br />approvals, consents or other determinations permitted or required by Landlord hereunder shall be made by <br />or through Landlord's Engineering and Transportation Department Director unless otherwise provided in <br />this Lease, subject to applicable law. <br />31. TIME IS OF THE ESSENCE CLAUSE: Time is of the essence with respect to all <br />provisions of this Lease in which a definite time for performance is specified. <br />32. SURVIVAL OF INDEMNITIES: Termination of this Lease shall not affect the right of either <br />party to enforce any and all indemnities and representations and warranties given or made to the other <br />party under this Lease, nor shall it affect any provision of this Lease that expressly states it shall survive <br />termination hereof. <br />33. HAZARDOUS MATERIALS: <br />A. Definitions: As used herein, the following terms shall have the meanings set forth <br />below: <br />(i) Environmental Laws shall mean any present or future federal, state, local <br />or administrative law, rule, regulation, order or requirement relating to Hazardous Material (including, <br />without limitation, its use, handling, transportation, production, disposal, discharge or storage), or to health <br />and safety, industrial hygiene or the environment, including, without limitation, soil, air and groundwater <br />conditions. <br />(ii) "Hazardous Material" shall mean any material that, because of its quantity, <br />concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any <br />federal, state or local governmental authority to pose a present or potential hazard to human health, welfare <br />or safety or to the environment. Hazardous Material includes, without limitation, any material or substance <br />defined as a hazardous substance, or pollutant or contaminant pursuant to the Comprehensive <br />Environmental Response, Compensation and liability Act of 1980 (CERCLA, also commonly known as the <br />Superfund law), as amended, (42 U.S.C. Sections 9601 et sea.) or pursuant to Section 25316 of the <br />California Health & Safety Code; any hazardous waste listed pursuant to Section 25140 of the California <br />Health & Safety Code; and petroleum, including crude oil or any fraction thereof, natural gas or natural gas <br />liquids. <br />(iii) "Investigate and Remediate" ("Investigation" and "Remediation") shall <br />mean the undertaking of any activities to determine the nature and extent of Hazardous Material that may <br />13 <br />
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