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Notwithstanding anything herein contained to the contrary, this Lease may be terminated
<br />at any time by Lessee upon ninety (90) days' prior written notice, and by the Lessor upon ninety
<br />(90) days' prior written notice. In the event of cancellation by the Lessor, said notice shall be
<br />served upon the Lessee at its place of business in San Leandro, CA. In the event of cancellation
<br />by Lessee, said notice shall be served upon the Lessor, care of the City of San Leandro,
<br />Engineering & Transportation Department, 835 E. 14 Street, San Leandro, CA 94577, Attn:
<br />Tara Peterson.
<br />15. Miscellaneous
<br />(a) The terms and provisions of this Lease shall extend to and be binding upon
<br />and inure to the benefits of the heirs, executors, administrators or to any approved successor of
<br />Lessee, as well as to any assignee or legal successor of Lessor.
<br />(b) In the event of the termination of this Lease by the expiration thereof, or for
<br />any other reason, the Lessee will peaceably and quietly leave, surrender, and yield up to the
<br />Lessor all and singular the Leased Premises with said appurtenances and fixtures in good order,
<br />condition, and repair; reasonable use and wear thereof, and damage by earthquake, public
<br />calamity, by the elements, by acts of God, or by circumstances over which the Lessee has no
<br />control, excepted. Any signs or other appurtenances placed on said premises pursuant to any
<br />provision hereof are the personal property of Lessee and shall be removed by Lessee upon the
<br />termination of the Lease and said premises shall be restored to its previous condition with the
<br />exception of the surfacing, wheel rails and column guards, all at the expense of the Lessee
<br />provided that any such signs or appurtenances are not so removed after thirty (30) days' written
<br />notice from the Lessor to the Lessee, the Lessor may proceed to remove the same and to restore
<br />the said premises, and the Lessee shall pay the Lessor, upon demand, the reasonable cost and
<br />expense to it of such removal and restoration, or the Lessor may at its discretion, elect to declare
<br />the same the property of the Lessor whereupon all rights, title and interest of the Lessee therein
<br />shall forthwith terminate. The parties shall complete the Property Condition Report incorporated
<br />as Exhibit E prior to Lessee's possession of the Leased Premises to evidence the Leased
<br />Premises condition at Lease commencement.
<br />(c) This Lease may only be amended by a writing executed by the authorized
<br />representatives of both Parties. This Lease represents the entire agreement of the parties, and
<br />supersedes any and all prior oral or written agreements that were or could be interpreted as being
<br />in effect prior to the execution of this Lease.
<br />16. Indemnity Lessee shall indemnify, save harmless, and defend the Lessor, its
<br />officers, employees, agents, volunteers and officials against any and all lawsuits, claims,
<br />demands, liabilities, losses, and expenses, including attorney's fees, expert witness fees, and
<br />administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with
<br />the Lessee's use and improvement of the Premises including performance of, or failure to
<br />perform, any obligation pursuant to this Lease, whether or not due or claimed to be due in whole
<br />or in part to the active, passive or concurrent negligence or fault of the Lessee, except to the
<br />extent caused by the sole negligence of the Lessor, including, without limitation lawsuits, claims,
<br />demands, liabilities, losses, and expenses for or on account of bodily injury or death sustained by
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