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42. Authority. if either Party hereto is a corporation, trust, or general or limited partnership, each individual executing this Lease
<br />on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf.
<br />If Tenant is a corporation, trust or partnership, Tenant shall, within thirty (30) days after request by Landlord, deliver to Landlord
<br />evidence satisfactory to Landlord of such authority.
<br />43. Offer. Preparation of this Lease by Landlord or Landlord's agent and submission of same to Tenant shall not be deemed
<br />an offer to lease to Tenant. This Lease is not intended to be binding until executed by all Parties hereto.
<br />44. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification.
<br />Tenant agrees to make such reasonable modifications to this Lease as may be reasonably required by a Lender in connection with
<br />the obtaining of financing or refinancing of the property of which the Premises are a part.
<br />45. Multiple Parties. Except as olherwisn expressly provided herein, if more than one person or entity is named herein as either
<br />Landlord or Tenant, the obligations of such multiple Parties shall be the joint and several responsibility of all persons or entities
<br />named herein as such Landlord or Tenant.
<br />46. Non -Discrimination. Tenant herein covenants by and for himself, his heirs, executors, administrators and assigns, and all
<br />persons claiming under or through hire, and this Lease is made and accepted upon and subject to the following conditions: That
<br />there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion,
<br />national origin, ancestry, sex, handicaps, age or marital status in the leasing, subleasing, transferring, use or enjoyment of the land
<br />herein leased nor shall the lessee himself, of any person claiming under or through him, establish or permit any such practice or
<br />practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees,
<br />sublessees, subtenants or vondees in the land herein leased.
<br />47. Exculpation. It is expressly understood and agreed that notwithstanding anything in the Lease to the contrary, and
<br />notwithstanding any Applicable Law to the contrary, the liability of Landlord hereunder (including any successor to Landlord) and
<br />any recourse by Tenant against Landlord shall be limited solely and exclusively to the equity interest of Landlord in and to the
<br />Premises, Landlord shall not have any personal liability therefor, and Tenant hereby expressly waives and releases such personal
<br />liability on behalf of itself and all persons claiming by, through or under Tenant. If the Lease is being executed by AMB Institutional
<br />Realty Advisors, Inc. ("AMB"), on behalf of Landlord, no present or future officer, director, employee, trustee, member, investment
<br />manager or agent of AMB shall have any personal liability, directly or indirectly, and recourse shall not be had against any such
<br />officer, director, employee, trustee, member, investment manager or agent under or in connection with the Lease or any other
<br />document or instrument heretofore or hereafter executed in connection with the Lease. Tenant hereby waives and releases any and
<br />all such personal liability and recourse. The limitations of liability provided in this Paragraph are in addition to, and not in limitation
<br />of, any limitation on liability applicable to Landlord provided by law or in any other contract, agreement or instrument.
<br />48. Interpretation. The language in all parts of this Lease shall be in all cases construed as a whole according to its fair meaning
<br />and not strictly for nor against either Landlord or Tenant.
<br />LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED
<br />HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES
<br />HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE
<br />AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISES.
<br />IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first written above.
<br />LANDLORD:
<br />APT IND/APTS REALTY, INC.,
<br />a Delaware corporation
<br />By:
<br />Nan
<br />Titl(
<br />Address: c/o AMB Institutional Realty Advisors, Inc
<br />505 Montgomery Street
<br />San Francisco, California 94111
<br />Attention: Ms. Gayle Starr
<br />Telephone No.: (415) 394-9000
<br />with a copy to: Lincoln Property Company Management
<br />Services, Inc.
<br />101 Lincoln Centre Drive
<br />Foster City, California 94404
<br />Telephone No.: (41 5) 571-2200
<br />TENANT:
<br />City of San Leandro
<br />N ened: aflAl JLLJ17AJtS
<br />Title: et,!y IyIIA,I)CLk
<br />T
<br />By:
<br />Name Printed:
<br />Title:
<br />Address: Y35- / `i'yr Sy
<br />2b,) M 9y5-77
<br />Telephone No. (SD) 577-33.Si
<br />APPRDVED AS JOJFORM
<br />C 11TYIATIONNEy
<br />97LE1selcMAMR, RVI: Page 14 06/05/97
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