RDA Agmt 1997 Batarse Family Trust etc

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Landlord's election, become Landlord's property at termination. If Tenant fails to surrender the Premises at the expiration or sooner termination of this Lease, Tenant shall defend and indemnify Landlord from all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding Tenant found on or resulting from Tenant's failure to surrender. 11.2 Holding Over. Any holding -over by Tenant after expiration shall be a month to month tenancy and shall not constitute a renewal or extension or give Tenant any rights in or to the Premises except as expressly provided in this Lease. Notwithstanding the foregoing, no termination of this Lease shall release Tenant from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or date of surrender if it be later. 12. GENERAL CONDITIONS, MISCELLANEOUS PROVISIONS 12.1 Notices. 12.1.1 Definition of Notice: Application of Provision. As used in this Lease, the term "notice" includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. 12.1.2 Writing. All notices shall be in writing. 12.1.3 Delivery. Notice is considered given either: (a) when delivered in person to the recipient named as below; or (b) five (5) days after deposit in the United States mail in a sealed envelope or container, by registered or certified mail, return receipt requested, postage and postal charges prepaid, addressed by name and address to the party or person intended as follows: If to Landlord: Redevelopment Agency of the City of San Leandro 835 East 14th Street San Leandro, CA 94577 Attn: Executive Director • Automall Read Board Sign - Ground Lease Final 5/07/97 Page 19 of 22