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45. RELATIONSHIP TO STATE <br />The San Leandro Shoreline Recreation Area is made possible through loan <br />agreements between the State and City. In support of these loans, City has pledged <br />its gross revenues received from the operations of any facilities located and erected <br />within the Shoreline area. The leased parcels described herein are included in said <br />area. In the event State is required to assume responsibility of the San Leandro <br />Shoreline Recreation Area pursuant to the above -mentioned loan agreements, the <br />Lessee's obligations shall be to State as Lessor. <br />46. BAY CONSERVATION AND DEVELOPMENT COMMISSION (BCDC) <br />Lessee's improvements provided for herein are located within the permit jurisdiction <br />of BCDC. Lessee shall seek all necessary permits and entitlements from BCDC. <br />47. REAL ESTATE BROKERS; FINDERS <br />Each party represents that it has not had dealings with any real estate broker, finder, <br />or other person, with respect to this lease in any manner. Each party shall hold <br />harmless the other party from all damages resulting from any claims that may be <br />asserted against the other party by any broker, finder, or other person, with whom <br />the other party has or purportedly has dealt. <br />48. INCORPORA.TION IN LEASE <br />This lease shall be construed and interpreted in accordance with the laws of the State <br />of California. <br />49. INTEGRATED AGREEMENT; MODIFICATION <br />This lease contains all the agreements of the parties and cannot be amended or <br />modified except by a written agreement. <br />50. PROVISIONS ARE COVENANTS AND CONDITIONS <br />All provisions, whether covenants or conditions, on the part of Lessee shall be <br />deemed to be both covenants and conditions. <br />37 <br />