Reso 1997-146 to 150 - Laserfiche WebLink

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25.2 Waiver. Waiver by either Lessor or Lessee of any breach by the other of any covenant, condition or obligation contained in this Lease or failure by either Lessor or Lessee to exercise any right of remedy in respect of any such breach shall not constitute a waiver of any such breach or of any subsequent breach of any covenant, condition or obligation, nor bar any right or remedy of Lessor or Lessee in respect of any such subsequent breach. 25.3 Memorandum of Lease. Concurrently with the execution of this Lease, Lessor and Lessee agree to execute and deliver a short form memorandum of this Lease in the form of Exhibit "H" hereto which Lessee shall record in the Official Records of the County of Alameda, State of California. The parties further agree, however, that the memorandum shall in no way be deemed or interpreted to amend, change, define, explain or add to the provisions of this Lease. 25.4 Time is of the Essence. Time is of the essence with respect to the performance or observance of each of the obligations, covenants and agreements under this Lease. 25.5 Brokers. Lessor and Lessee represent to each other that they are not obligated to any broker or finders in connection with this Lease and each party agrees to defend, indemnify and hold the other harmless from any claim, suit or demand made upon the other by any person, firm or corporation for brokerage fees or commissions or other similar compensation with respect to this Lease. 25.6 Notices and Addresses. All notices, demands, requests or replies provided for or permitted by this Lease shall be in writing and may be delivered by any one of the following methods: (i) by personal delivery with receipt acknowledged in writing; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; or (iii) by deposit with an overnight express delivery service with receipt acknowledged in writing. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (iv) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery shall be deemed effective at the time of personal delivery. Notice also may be given by means of electronic facsimile transmission ("fax"); provided, however, that in order for a fax notice to be deemed effective, the party giving notice by fax shall provide a "hard copy" of the faxed notice thereafter to the other party pursuant to one of the three (3) methods of "hard copy" delivery specified in this Section. LEASE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 33 11/13/97 FINAL J.\WPD\CSL\136\01\AGREE\GOLFCOUR\AGREE\LEASE.CLN