Reso 1996-031 to 035 - Laserfiche WebLink

Home

33. MONTH -TO -MONTH TENANCY If Lessee holds over after the expiration of this lease for any cause, such holding over shall be deemed to be a tenancy from month -to -month only, at the same rental per month and upon the same terms, conditions, restrictions and provisions as herein contained. Such holding over shall include any time employed by Lessee to remove machines, appliances and other equipment during the thirty (30) day period hereinafter provided for such removal. 34. WAIVERS No waiver by City at any time of any of the terms, conditions, covenants or agreements of this lease shall be deemed or taken as a waiver at any time thereafter of the same or any other terms, conditions, covenants or agreements herein contained, nor of the strict and prompt performance thereof by Lessee. No delay, failure or omission of City to reenter the demised premises or to any right, power, privilege or option arising from any default, nor exercise a subsequent acceptance of rent then or thereafter accrued, shall impair any such right, power, privilege or option, or be construed to be a waiver of any such default or relinquishment thereof, or acquiescence therein, and no notice by City shall be required to restore or revive time as of the essence hereof after waive by City of default in one or more instances. No option, right, power, remedy or privilege of City shall be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, powers, options or remedies given to City by this lease are cumulative, and no one of them shall be exclusive of the other or exclusive of any remedies provided by law, and that the exercise of one right, power, option or remedy by City shall not impair its rights to any other right, power, option or remedy. The provisions of this Section are reciprocal as to Lessee and City. 35. AGENT FOR SERVICE OR PROCESS It is expressly agreed and understood that if Lessee is not a resident of this State, or is an association or partnership without a member or partner resident of this State, or is a foreign corporation, then in any such event Lessee shall file with City a designation of a natural person residing in the County of Alameda, State of California, giving his name, residence and business address, as its agent for the purpose of service of process in any court action between Lessee and City arising out of or based upon this lease, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Lessee; and it is further expressly agreed, covenanted, and stipulated that if for any reason service of such process upon such agent is not possible, then in such event Lessee may be personally served with such process out of this State, and that such service shall constitute valid service upon Lessee; and it is further expressly agreed that Lessee is amenable to the process so served, submits to the jurisdiction of the court so acquired, and waives any and all objections and protest thereto. 34