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termination of this Lease, Tenant shall remove all of Tenant's personal property as provided in this Lease,
<br />and repair any damage resulting from the removal. Any items of Tenant's personal property remaining in
<br />the Premises after the Termination Date or sooner termination of this Lease may, at Landlord's option, be
<br />deemed abandoned and disposed of in accordance with Section 1980 et seq. of the California Civil Code or
<br />in any other manner allowed by law.
<br />Concurrently with the surrender of the Premises, Tenant shall, if requested by Landlord,
<br />execute, acknowledge and deliver to Landlord a quitclaim deed to the Premises and any other instrument
<br />reasonably requested by Landlord to evidence or otherwise effect the termination of Tenant's leasehold
<br />estate hereunder and to effect such transfer or vesting of title, as necessary, to the tenant improvements or
<br />other improvements or equipment which remain part of the Premises.
<br />24. WAIVER OF DAMAGES: Except to the extent that damage is caused by the gross
<br />negligence or willful misconduct of Landlord or its agents, Tenant hereby expressly waives any and all
<br />claims for compensation for any and all loss or damage sustained by reason of any defect, deficiency,
<br />failure or impairment of any service to, from, or in the demised Premises, on account of the water supply
<br />system, drainage, sewer system, gas, electric or telephone or utility services. which may occur from time to
<br />time from any cause, or from any liability or loss resulting from gas, oil, water or other fluid, and Tenant
<br />hereby expressly agrees to release and discharge Landlord, and its councilmembers, officers, agents, and
<br />employees from any and all liability, demands, claims, judgment, actions and causes of action, except
<br />intentional acts or gross negligence, arising from any of the causes aforesaid.
<br />25. LEASE BINDS SUCCESSORS: Subject to the provisions hereof relating to assignment,
<br />this lease shall bind and inure to the benefit of the heirs, executors, administrators, successors and assigns
<br />of the Parties hereto.
<br />26. LIABILITY TO OTHERS: Nothing in this lease shall be construed to create any duties to,
<br />any standard of care with reference to, or any liability to anyone not a party except as otherwise expressly
<br />provided herein. No elective or appointive board, commission, member, officer, employee or other Agent of
<br />Landlord shall be personally liable to Tenant, its successors and assigns, in the event of any default or
<br />breach by Landlord or for any amount which may become due to Tenant, its successors and assigns, or for
<br />any obligation of Landlord under this Lease.
<br />27. SEVERABILITY: If any provision of this Lease or the application thereof to any person,
<br />entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the
<br />application of such provision to persons, entities or circumstances other than those as to which it is invalid
<br />or unenforceable, shall not be affected thereby, and each other provision of this lease shall be valid and be
<br />enforceable to the fullest extent permitted by law.
<br />28. ATTORNEYS' FEES: In the event that either Landlord or Tenant fails to perform any of its
<br />obligations under this Lease or in the event a dispute arises concerning the meaning or interpretation of
<br />any provision of this Lease, the defaulting party or the party not prevailing in such dispute, as the case may
<br />be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its
<br />rights hereunder (whether or not such action is prosecuted to judgment), including, without limitation, court
<br />costs and reasonable attorneys' fees. For purposes of this Lease, reasonable fees of attorneys of Landlord
<br />shall be based on the fees regularly charged by private attorneys with the equivalent number of years of
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