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<br />33. EXISTING CONDITION <br />This Lease is made subject to all existing liens, encumbrances, conditions, and restrictions of <br />record affecting the Premises and is also subject to all existing rights, rights of way, licenses, <br />leases, reservations, and easements by whomsoever held, in, and to the Premises which predate <br />this Lease. <br />34. BINDING PROVISIONS <br />Lease shall be binding upon and inure to the benefit of the executors, administrators, and <br />permitted assigns of the respective parties hereto. <br />35. TITLE AND QUIET POSSESSION <br />Lessor represents and agrees (a) that it is the owner of the Property; (b) that it has the right to <br />enter into this Lease; (c) that the person signing this Lease has the authority to sign; and; (d) that <br />Lessee is entitled access to the Premises at all times, and to the quiet possession of the Premises <br />throughout the Term so long as Lessee is not in breach beyond the expiration of any cure period. <br />36. ENTIRE AGREEMENT <br />This Lease (including the Exhibits) constitutes the entire agreement between the parties and <br />supersedes all prior written and verbal representations or understandings between the parties. <br />37. SEVERABILITY <br />If any provision of this Lease is held to be invalid or unenforceable with respect to any party, the <br />remainder will not be affected and each provision of this Lease will be valid and enforceable to <br />the fullest extent permitted by law. <br />38. ATTORNEYS FEES <br />The prevailing party in any action or proceeding in court or mutually agreed upon arbitration <br />proceeding to enforce the terms of this Lease is entitled to receive its reasonable attorneys’ fees, <br />limited to the rate of local independent counsel in Alameda County. <br />39. GOVERNING LAW <br />This Lease shall be governed, construed, and enforced in accordance with the laws of the State of <br />California. <br />40. JURISDICTION <br />Lessor and Lessee agree that all disputes, disagreements, or claims arising in connection with <br />this Lease shall be submitted to the exclusive jurisdiction of the state and federal courts of the <br />State of California, with venue in Alameda County. This choice of venue is intended by the <br />548