Laserfiche WebLink
19 <br />unenforceable, shall not be affected thereby, and each other provision of this lease <br />shall be valid and be enforceable to the fullest extent permitted by law. <br />30.ATTORNEYS’ FEES: In the event that either Landlord or Tenant fails <br />to perform any of its obligations under this Lease or in the event a dispute arises <br />concerning the meaning or interpretation of any provision of this Lease, the <br />defaulting party or the party not prevailing in such dispute, as the case may be, shall <br />pay any and all costs and expenses incurred by the other party in enforcing or <br />establishing its rights hereunder (whether or not such action is prosecuted to <br />judgment), including, without limitation, court costs and reasonable attorneys’ fees. <br />For purposes of this Lease, reasonable fees of attorneys of Landlord shall be based <br />on the fees regularly charged by private attorneys with the equivalent number of <br />years of experience in the subject matter area of the law for which Landlord’s <br />attorney’s services were rendered who practice in the County of Alameda. <br />31.SECTION HEADINGS: The Section headings contained herein are for <br />convenience in reference and are not intended to define the scope of any provision <br />of this Agreement. <br />32.ENTIRE AGREEMENT; AUTHORITY: This agreement represents the <br />entire agreement between the parties, particularly as to Sections 1, 2, 3, 4 and 5, <br />inclusive. All approvals, consents or other determinations permitted or required by <br />Landlord hereunder shall be made by or through Landlord’s Director of Engineering <br />and Transportationunless otherwise provided in this Lease, subject to applicable <br />law. <br />33.TIME IS OF THE ESSENCE CLAUSE: Time is of the essence with <br />respect to all provisions of this Lease in which a definite time for performance is <br />specified. <br />34.SURVIVAL OF INDEMNITIES: Termination of this Lease shall not <br />affect the right of either party to enforce any and all indemnities and representations <br />and warranties given or made to the otherparty under this Lease, nor shall it affect <br />any provision of this Lease that expressly states it shall survive termination hereof. <br />35.HAZARDOUS MATERIALS: <br />A.Definitions: As used herein, the following terms shall have the <br />meanings set forth below: <br />(i)Environmental Laws shall mean any present or future <br />federal, state, local or administrative law, rule, regulation, order or requirement <br />relating to Hazardous Material (including, without limitation, its use, handling, <br />transportation, production, disposal, discharge or storage), or to health and safety, <br />industrial hygiene or the environment, including, without limitation, soil, air and <br />groundwater conditions.