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8F Consent 2013 0506
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8F Consent 2013 0506
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Last modified
5/15/2013 10:41:39 AM
Creation date
4/30/2013 4:18:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/6/2013
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PERM
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_CC Agenda 2013 0506 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0506
Reso 2013-058
(Reference)
Path:
\City Clerk\City Council\Resolutions\2013
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4/23/13 17 <br />Chamber: San Leandro Chamber of Commerce <br /> 120 Estudillo Avenue <br /> San Leandro, CA 94577 <br /> <br />If a Party desires to change its address for the purpose of receipt of notice, such notice or <br />change of address shall be given in the manner specified herein. However, unless and until such <br />written notice of change is actually received, the last address and addressee as stated by written <br />notice, or provided herein if no written notice of change has been received, shall be deemed to <br />continue in effect for all purposes hereunder. This notice provision shall be inapplicable to any <br />judicial or nonjudicial proceeding where California law governs the manner and timing of notice, <br />commencing and prosecuting an action, commencing and prosecuting a foreclosure, or seeking <br />the appointment of a receiver. <br /> <br />20.8 Time of the Essence. Time is of the essence with regard to performance under the <br />terms and provisions of this Agreement, and any amendment, modification or revision thereof, <br />with respect to the actions and obligations of each person bound by the terms hereof. No <br />extension of time for payment of any sum due hereunder shall operate to release, discharge, <br />modify, change, or affect the original liability as established hereunder, either in whole or in part. <br />In accepting an interest in any Parcel, each Owner, lessee, user, mortgagee, and trust deed <br />beneficiary shall be deemed to take its interest knowingly and willingly subject to this time is of <br />the essence clause. <br /> <br /> 20.9 Severability. Invalidation of any of the provisions contained in this Agreement, <br />or of the application thereof to any Person by judgment or court order, shall in no way affect any <br />of the other provisions hereof or the application thereof to any other Person and the same shall <br />remain in full force and effect. <br /> 20.10 Negation of Partnership. None of the terms or provisions of this Agreement shall <br />be deemed to create a partnership between or among the Parties, nor shall it cause them to be <br />considered joint venturers or members of any joint enterprise. No Owner shall have the right to <br />act as an agent for another, unless expressly authorized to do so herein or by separate written <br />instrument signed by the Owner to be charged. <br /> 20.11 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or <br />dedication of any portion of the Property, or of any Parcel or portion thereof to the general <br />public, or for any public use of purpose whatsoever. Except as herein specifically provided, no <br />right, privileges or immunities of any Owner shall inure to the benefit of any third-party person, <br />nor shall any third-party person be deemed to be a beneficiary of any of the provisions contained <br />herein. <br /> 20.12 Lessee Obligations. The performance by a Lessee of an Owner’s obligations <br />under this Agreement shall satisfy such Owner’s obligations hereunder to the extent of such <br />performance with respect to the matter so performed by such Lessee.
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