Agmt 1998 California Conservatory Theater of San Leandro

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Premises which are in any way explosive or hazardous; and no offensive or dangerous trade, business, or occupation shall be carried on therein or thereon; and no machinery or apparatus shall be used or operated on said facilities, provided, however, that nothing in this paragraph contained shall preclude Lessee from bringing, keeping, or using on or about the Premises and building such materials, supplies, equipment, and machinery as are necessary or customary in carrying on its said activities. 20. FORFEITURE. This lease is made upon the condition that if the rents or other sums which Lessee herein agrees to pay,or any part hereof, shall be unpaid on the date on which the same shall become due, or if default be made in any of the terms, agreements, conditions, or covenants herein contained on the part of Lessee, or should Lessee abandon and cease to use the Premises for a period of ninety (90) days at any one time except when prevented by fire, earthquake, wars, strikes, or other calamity beyond its control, then and in such event, at the option of the City as evidenced by resolution of the City Council, this lease shall become forfeited, and the City may exercise all rights of entry and re-entry upon the Premises. Lessee shall not be considered in default as to any provisions of this lease when such default is the result of, or pursuant to, any process, order, or decree of any court or regulatory body. 21. OPTION TO TERMINATE. The City and Lessee both shall have the option to terminate this lease without cause upon notice given as hereinafter in Paragraph 30 set forth. Said notice of exercise of said option to terminate shall be given on or before one hundred twenty (120) days prior to the effective date thereof. 22. RIGHT OF ENTRY AS AGENT. In any case in which provision is made herein for the termination of this lease by the City, or in the case of abandonment or vacating of the Premises by Lessee, the City, in lieu of declaring a forfeiture,may enter the Premises. To such end, Lessee hereby irrevocably appoints the City its agent to remove any and all persons or property on the Premises and place any such property in storage for the account of and at expense of Lessee. In such case, the City may re-let the Premises upon such terms as it may deem proper. Lessee further agrees to save the City harmless from any loss or damage or claim arising out of the action of the City in pursuance of this paragraph. 23. SURRENDER OF PREMISES. The Lessee covenants and agrees that at the expiration of this lease, or upon its earlier termination, Lessee will quit and surrender the Premises with all the improvements thereon 7