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Agmt 2011 EBMUD
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Agmt 2011 EBMUD
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Last modified
7/20/2012 5:22:53 PM
Creation date
6/24/2011 1:37:21 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/19/2011
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PERM
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Reso 2011-115
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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1. A policy to cover use of owned, non - owned and hired automobiles and equipment; <br /> J. A policy shall cover pollution liability for claims related to the release or threatened <br /> release of pollutants into the environment arising out of or resulting from Lessee's <br /> performance under this Lease. A policy submitted on a "claims made" basis shall include <br /> a three -year tail with coverage limits remaining unchanged. <br /> K. The policy(ies) shall not be canceled nor reduced unless 30 days' written notice is given to <br /> Lessor. <br /> I S. it is understood and agreed that Lessee has acquired and will hereafter acquire no <br /> rights or interest in or to said real property and that it may use said real property only for the time <br /> said Lease may remain in effect as herein provided nor does it have nor will it obtain any right or <br /> claim to the continued or any use of said real property beyond said time. Lessee further agrees <br /> that Lessor is under no requirement or obligation whatever to further renew or extend the period <br /> of this Lease and that Lessor may at its sole option at the expiration of the period hereof, if not <br /> earlier revoked, and without any liability whatever to Lessee refuse to further renew or extend said <br /> Lease. <br /> 19. In the event that the Lessee shall fail to use said real property for a continuous <br /> period of one year or shall abandon the same, all rights hereby given shall forthwith cease and <br /> terminate. <br /> 20. All rights herein given are subject to all existing rights, rights of way, reservations <br /> and easements by whomsoever held in and to the said real property hereinabove described. <br /> 21. It is understood that this agreement contains the entire agreement between the <br /> parties hereto and all prior.understandings or agreements, oral or written, of whatsoever nature <br /> regarding the Lease hereby given or the said real property are superseded by this agreement and <br /> are hereby abrogated and nullified. <br /> 22. Neither this Lease nor any rights hereunder shall be transferred or assigned by the <br /> Lessee, voluntarily or involuntarily, without first obtaining the written consent of Lessor. Upon <br /> any such transfer or assignment without Lessor's written consent, Lessor may at its option <br /> terminate and end this Lease and all rights of the Lessee hereunder. Subject to the foregoing <br /> provision, the agreement shall be binding upon the successors and assigns of the respective parties <br /> hereto. <br /> 23. Any notice which Lessor may desire or is required at any time to give or serve upon <br /> Lessee may be delivered to the City manager of Lessee personally or be sent by registered mail, <br /> postage prepaid, addressed to said City Manager at the City Hall, San Leandro, California, and <br /> such personal delivery or mailing in such a manner shall constitute a good, sufficient and lawful <br /> notice and service whereof in all such cases. <br /> • <br /> -6- <br />
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