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Entry and 10. Lessor, or its duly authorized representatives, or agents, may enter upon said premises at
<br />inspection any and all reasonable times during the term of this lease for the purpose of determining whether
<br />Lessee is complying with the terms and conditions hereof, or for any other purpose incidental to the
<br />rights of Lessor.
<br />Costs of 11. If any action shall be brought by Lessor for the recovery of any rent due under the provi-
<br />Suit sions of this lease, or for the breach or enforcement of any of the conditions, covenants or agree-
<br />ments herein set forth on the part of Lessee to be kept and performed, or for the recovery of said
<br />premises and Lessor shall prevail in any such action, Lessee agrees to pay to Lessor on demand a
<br />reasonable attorney's fee (not exceeding the sum of $ ), and further agrees that said
<br />attorney's fee shall be and become a part of Lessor's judgment in any such action.
<br />Non waiver 12. No waiver by Lessor at any time of any of the terms, conditions, covenants or agreements of
<br />of Breach this lease shall be deemed or taken as a waiver at any time thereafter of any of the same, nor of the
<br />strict and prompt performance thereof by Lessee.
<br />Surrender 13. Lessee agrees at the expiration of the term of this lease, or upon the earlier termination there-
<br />of Premises of for any reason, to quit and surrender said premises to Lessor in as good state and condition as said
<br />premises are in when possession thereof is given to Lessee, reasonable wear and tear and damage
<br />by the elements or an act of God excepted, and Lessee agrees at the expiration of the leased term
<br />hereof or any prior termination thereof to remove or cause to be removed any and all signs that have
<br />been placed upon, in or about the premises by Lessee and to repair and restore the premises to the
<br />same condition prior to the time of placing of said signs upon, in or about the premises by Lessee,
<br />reasonable wear and tear and damage by the elements excepted; Lessee agrees that at any time
<br />after thirty days prior to the termination of this lease, Lessor may place thereon any usual or or-
<br />dinary "To Let" or "To Lease" or "For Sale" signs.
<br />Default in 14. If the rents herein reserved, or any part thereof, shall be unpaid for ten days after the date
<br />Rent and on which the same shall become due, as aforesaid, or if default on the part of Lessee be made in all
<br />Re-entry or any of the agreements herein contained, Lessor shall have the option to declare this lease forfeited,
<br />and the same shall thereupon entirely cease and determine without written notice; and it shall be
<br />lawful for Lessor to re-enter and take possession of said premises and remove all persons and prop-
<br />erty therefrom; and Lessor may, after taking possession as aforesaid, at Lessor's option and without
<br />notice to Lessee re -let the premises, all without prejudice to Lessor of any remedies which might
<br />otherwise be used for the collection of the rents hereinbefore specified, or damages to Lessor occa-
<br />sioned by such removal is hereby expressly waived by Lessee. It is understood and agreed that each
<br />and all of the remedies given Lessor hereunder are cumulative and that the exercise of one right or
<br />remedy by Lessor shall not impair its right to any other remedy.
<br />Uses 15. The premises shall not be used or permitted to be used in whole or in part during the said
<br />Prohibited term of this lease for any purpose or use in violation of any of the laws or ordinances applicable
<br />thereto; and Lessee agrees at all times during the term of this lease to construct, repair, maintain
<br />and do all things necessary to maintain the premises in a clean and sanitary manner and in compli-
<br />ance with any and all Federal, State or Municipal regulations or ordinances now or hereafter en-
<br />acted concerning the conduct of Lessee's business in the premises.
<br />Notices 16. Any demand or notice which either party shall be required, or may desire, to make upon or
<br />give to the other, shall be in writing and shall be delivered personally upon the other, or sent by
<br />prepaid registered mail addressed to the respective patties, as follows:
<br />Lessor: Frank J. Matoza, 709 Peralta Avenue, Seri Leandro, California
<br />Lessee: City of San Leandro, 835 E. 14th Street, San Leandro, California
<br />Notice by registered mail shall be deemed to be communicated twenty-four hours from the time
<br />of mailing.
<br />Delivery of 17. In the event of the inability of Lessor to deliver possession of the premises at the time here -
<br />Possession in provided, Lessee agrees that Lessor shall not be liable for any damages thereby, and that this
<br />lease shall not thereby become void or voidable but in such event Lessee shall not be liable for any
<br />rent until such time as Lessor can deliver possession.
<br />Terms 18. The words "Lessor" and "Lessee" as used herein shall include the plural as well as the sing-
<br />Deflmd ular. Words used in masculine gender include the feminine and neuter. If there be more than one
<br />Lessor or Lessee the obligations hereunder imposed upon Lessor or Lessee shall be joint and several.
<br />The marginal headings or titles to the paragraphs of this lease are not a part of this lease and shall
<br />have no effect upon the construction or interpretation of any part thereof.
<br />Mdrs 19. This lease is and shall be binding upon the heirs, executors, administrators, successors and
<br />assigns of the respective parties hereto.
<br />Th" 20. Time is hereby expressly declared to be of the essence of this lease and of all the covenants,
<br />agreements, conditions and obligations herein contained.
<br />Taxes 21. Lessee shall be liable for all taxes levied against personal property, trade fixtures and other prop-
<br />erty placed by Lessee in or on or about the demised premises, including without prejudice to the generality
<br />of the foregoing, shelves, counters, vaults, vault doors, wall safes, partitions, fixtures, machinery, plant
<br />equipment and other articles and if any such taxes on Lessee's personal property, trade fixtures or property
<br />placed in the demised premises by Lessee are levied against Lessor or Lessor's property and if Lessor pays
<br />the same (which Lessor shall have the right to do regardless of validity of such levy) or if the assessed
<br />value of Lessor's property is increased by the inclusion of the value placed on such property or trade
<br />fixtures of Lessee or placed in the demised premises by Lessee and if Lessor pays the taxes based on such
<br />increased assessment (which Lessor shall have the right to do, regardless of validity thereof), Lessee,
<br />upon demand shall, as the case may be, pay to the Lessor the taxes so levied against Lessor or the propor-
<br />tion of such taxes resulting from such increase in the assessment. Lessee shall pay all increases in taxes
<br />levied or assessed against the land on which the building of which the demised premises form a part,
<br />including the parking area and the improvements and the buildings and improvements on said land,
<br />prorated on the basis that the number of square feet occupied by Lessee in the said building bears to the
<br />total number of square feet in the entire building.
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