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the Premises together with the Tenant improvements and all alterations approved by
<br />Landlord in good order and condition, except for normal wear and tear after Tenant's
<br />having made the last necessary repair required on its part under this Agreement, and
<br />further except for any portion of the Premises condemned and any damage and
<br />destruction for which Tenant is not responsible hereunder. The Premises shall be
<br />surrendered free and clear of all liens and encumbrances other than liens and
<br />encumbrances existing as of the date that this Agreement is entered and any other
<br />encumbrances created by Landlord. Immediately before the Termination Date or other
<br />termination of this Agreement, Tenant shall remove all of Tenant's personal property as
<br />provided in this Agreement, and repair any damage resulting from the removal. Any
<br />items of Tenant's personal property remaining in or upon the Premises after the
<br />Termination Date or sooner termination of this Agreement may, at Landlord's option, be
<br />deemed abandoned and disposed of in accordance with Section 1980 et sea. of the
<br />California Civil Code or in any other manner allowed by law.
<br />Concurrently with the surrender of the Premises, Tenant shall, if requested
<br />by Landlord, execute, acknowledge and deliver to Landlord a quitclaim deed to the
<br />Premises and any other instrument reasonably requested by Landlord to evidence or
<br />otherwise effect the termination of Tenant's leasehold estate hereunder and to effect
<br />such transfer or vesting of title, as necessary, to the tenant improvements or other
<br />improvements or equipment which remain part of the Premises.
<br />21. WAIVER OF DAMAGES: Except to the extent that damage is caused by
<br />the gross negligence or willful misconduct of Landlord or its agents, Tenant hereby
<br />expressly waives any and all claims for compensation for any and all loss or damage
<br />sustained by reason of any defect, deficiency, failure or impairment of any service to,
<br />from, or in the demised Premises, on account of the water supply system, drainage,
<br />sewer system, gas, electric or telephone or utility services, which may occur from time
<br />to time from any cause, or from any liability or loss resulting from gas, oil, water or other
<br />fluid, and Tenant hereby expressly agrees to release and discharge Landlord, and its
<br />City Council, officers, agents, and employees from any and all liability, demands,
<br />claims, judgments, actions and causes of action, except intentional acts or gross
<br />negligence, arising from any of the causes aforesaid.
<br />22. AGREEMENT BINDS SUCCESSORS: Subject to the provisions hereof
<br />relating to assignment, this Agreement shall bind and inure to the benefit of the heirs,
<br />executors, administrators, successors and assigns of the parties hereto.
<br />23. LIABILITY TO OTHERS: Nothing in this Agreement shall be construed to
<br />create any duties to, any standard of care with reference to, or any liability to anyone
<br />not a party except as otherwise expressly provided herein. No elective or appointive
<br />board, commission, member, officer, employee or other Agent of Landlord shall be
<br />personally liable to Tenant, its successors and assigns, in the event of any default or
<br />breach by Landlord or for any amount which may become due to Tenant, its successors
<br />and assigns, or for any obligation of Landlord under this Agreement.
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