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organization in good standing, the City, in addition to any other rights or remedies it may have at law or in equity, shall have the option of immediately terminating this Agreement and declaring said Agreement forfeited and the Term (or Extension) ended. In such event, the City may re- enter the Premises and remove all persons and property therefrom and repossess itself of the Premises. In the event the Lessee chooses not to continue this Agreement upon increases in annual Rent, the Lessee may terminate this Agreement upon thirty (30) days written notice to the City. The City may terminate this Agreement without cause, upon ninety (90) days written notice to the Lessee. 20. NOTICE OF DEFAULT Notwithstanding anything to the colliery in this Agreement contained, no forfeiture shall be declared by the City unless and until not less than thirty (30) days have elapsed after written notice of failure of the Lessee to perform the terms, agreements, conditions, or covenants herein to be performed by the Lessee, shall have been given to the Lessee by the City, and for forfeiture of said agreement for any default by the Lessee of the performance of any such term, agreement, condition or covenant shall be declared by the City, if such default shall have been cured, or obviated, prior to the expiration of such notice. 21. TIME IS OF ESSENCE Time is of essence to this Agreement. 22. GOVERNING LAW The laws of the State of California shall govern this Agreement. 23. SUCCESSORS AND ASSIGNS Subject to the restrictions on transfer set forth in Section 11 , this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Any reference in this Lease to a specifically named Party shall be deemed to apply to any permitted successor and assign of such Party who has acquired an interest in compliance with this Agreement as if in every case so expressed. 24. SEVERABILITY If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 25. ATTORNEY'S FEES If either Party commences an action against the other to enforce any obligation contained herein, or to interpret any provision hereof, the prevailing party shall be entitled to recover from the other Party reasonable counsel fees, costs and necessary disbursements, as determined by the court having jurisdiction over the action. 26. NO THIRD -PARTY BENEFICIARIES, DISCLAIMER OF PARTNERSHIP, LENDER/BORROWER RELATIONSHIP Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties any rights or remedies hereunder. The relationship of the Parties under this Agreement is solely that of landlord and tenant, and it is expressly understood and agreed that the City does not as a result of this Agreement in any way nor for any purpose become a partner of the Lessee or a joint venturer 0