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Inst 2013178610
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Inst 2013178610
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Last modified
5/16/2014 5:08:56 PM
Creation date
5/7/2013 4:40:56 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/7/2013
Recorded Document Type
Declaration of Restrictions
Easement
Retention
PERM
Document Relationships
Reso 2013-058
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2013
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Chamber: San Leandro Chamber of Commerce <br /> 120 Estudillo Avenue <br /> San Leandro, CA 94577 <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 /> 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 /> 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. <br /> 4/23/13 17 <br />
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