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36. WAIVER OF CLAIMS <br />Lessee hereby waives any claim against City and State and their officers, agents or <br />employees for damage or loss caused by any suit or preceding directly or indirectly <br />attacking the validity of this lease, or any part thereof, or by any judgment or award <br />in any suit or proceeding declaring this lease null, void or voidable, or delaying the <br />same, or any part thereof, from being carried out. <br />37. TIME OF ESSENCE <br />Time is expressly declared to be of the essence of this lease. <br />38. NOTICES <br />Any notice permitted or required to be served upon Lessee shall be served upon it at <br />7365 Carnelian, Suite 230, Cucamonga, CA 91730. If Lessee shall give notice in <br />writing to City of any change in said address, then and in such event such notice shall <br />be given to Lessee at such substituted address. Any notice permitted or required to <br />be served upon City may be served upon it at 835 East 14th Street, City Hall, San <br />Leandro, California. If City shall give notice in writing to Lessee of any change in <br />said address, then and in such event such notice shall be given to City at such <br />substituted address. Notices shall be effective on the second business day after the <br />mailing thereof. <br />39. QUIET POSSESSION <br />Lessee, upon performing its obligations hereunder, shall have the quiet and <br />undisturbed possession of the demised premises throughout the term of this lease. <br />40. CONFLICT OF INTERESTS <br />Lessee warrants and covenants that no official or employee of City or any business <br />entity in which an official or employee of City is interested: <br />A. Has been employed or retained to solicit aid in the procuring of this lease. <br />B. Will be employed in the performance of this lease without the immediate <br />divulgence of such fact to City. In the event City determines that such <br />employment of such official, employee or business entity is not compatible <br />with such official's or employee's duties as an official or employee of City, <br />Lessee upon request of City shall terminate such employment immediately. For <br />breach or violation of this Section, City shall have the right both to annul this <br />lease without liability and in its discretion to recover the full amount of any <br />compensation paid to such official or business entity by Lessee for such <br />employment. <br />35 <br />