Reso 1997-146 to 150 - Laserfiche WebLink

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or transferred any of its rights or interests under the Water Documents. Lessor further represents and warrants that (i) all of Lessee's rights to water pursuant to the Water Documents shall be available for Lessee's use without additional charge or consent by any party; and (ii) the water available for Lessee's use under the Water Documents is sufficient in order for Lessee to use the Leased Premises throughout the term of the Lease as a daily fee golf course. 20.17 Correct and Complete Documentation. All of the Documents delivered by Lessor to Lessee in connection with this Lease are true, correct and complete. 20.18 No Omissions or Misstatements. All of the representations and warranties contained in this Article 20 are true and correct on the date hereof, and no representation by Lessor or Lessee or in any statement or exhibit required to be furnished hereunder misstates, omits or shall misstate or omit, a fact necessary to make the statement thereon not misleading. Immediately upon discovering any fact which would render any representation or warranty in this Lease untrue, incorrect or misleading in any respect, Lessor or Lessee, as the case may be, shall immediately notify the other in writing. 21. FRUSTRATION OF PURPOSE. At any time during the Lease term, if the governing body of any political subdivision having competent jurisdiction over the Leased Premises should enact any valid zoning ordinance, law or regulation which prohibits the use of the whole or a substantial part of the Leased Premises for the purposes as provided in Article 2 of this Lease, or if an event of force majeure occurs, including without limitation, declared or undeclared war, sabotage, riot or other acts of civil disobedience, acts or omissions of government, shortages of fuel or other materials, accidents, fires, explosions, floods, earthquakes, or other acts of God, which substantially prevents Lessee's use of the Leased Premises as provided for in Article 2 of this Lease, it is agreed that Lessee may elect, within one hundred twenty (120) days after the effective date of such ordinance, law, regulation or the occurrence of the event of force majeure, to cancel this Lease and surrender possession of the Leased Premises. Any such cancellation and surrender will act to release and discharge Lessee from any further obligation under this Lease. In addition, it is agreed that during the period of any force majeure event, Lessor and Lessee shall be excused from performing their respective obligations under this Lease whether or not Lessee exercises its right to terminate as provided herein. LEASE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 29 11/13/97 FINAL 1.\WPD\CSL\136\0IWCREE\GOLFCOUR4ICREE\LEASE.CLN