Housing Consortium of the East Bay Ground Lease 20231030

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39 Section 18.3 Interpretation. The terms of this Ground Lease shall be construed in accordance with the meaning of the language used and shall not be construed for or against any Party by reason of the authorship of this Ground Lease or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Ground Lease. Section 18.4 Entire Agreement: Modifications. This Ground Lease supersedes all prior discussions and agreements between the Parties with respect to the leasing of the Leased Premises. This Ground Lease and the executed attachments thereto contain the sole and entire understanding between the parties with respect to the leasing of the Leased Premises. This Ground Lease shall not be modified or amended in any respect, except by written instrument specifically referencing such modification or amendment which is executed by or on behalf of the Parties in the same manner as this Ground Lease is executed. Section 18.5 Governing Law. This Ground Lease, and the rights and obligations of the Parties hereunder, shall be governed by and construed in accordance with the substantive laws of the State of California without regard to conflict of law principles. Venue for any dispute hereunder shall be in Alameda County, California. Section 18.6 Binding Effect. This Ground Lease shall inure to the benefit of and be binding upon the Parties hereto, their successors, administrators, executors and permitted assigns. Section 18.7 Severability. In the event any provision or portion of this Ground Lease is held by any court of competent jurisdiction to be invalid or unenforceable, such holdings shall not affect the remainder hereof, and the remaining provisions shall continue in full force and effect to the same extent as would have been the case had such invalid or unenforceable provision or portion never been a part hereof, except to the extent the rights and obligations of the parties have been materially altered by such unenforceability. Section 18.8 Further Assurances. From and after the date of this Ground Lease, Lessor and Lessee, at the request of the other Party, shall make, execute and deliver or obtain and deliver all such affidavits, deeds, certificates, resolutions and other instruments and documents, and shall do or cause to be done all such other things that either Party may reasonably require in order to effectuate the provisions and the intention of this Ground Lease. Section 18.9 Authority to Execute Agreement. Each Party represents and warrants to the other Party that by proper action the person executing this Ground Lease on behalf of such Party has been duly authorized to execute and deliver this Ground Lease. Section 18.10 Ground Lease Administration and Approvals. The City Manager of the City of San Leandro, or his or her designee, shall be the person designated by Lessor to administer this Ground Lease on behalf of Lessor. The City Manager of the City of San Leandro shall have the authority to consent to any matter requiring Lessor approval or consent as provided in this Ground Lease, and to perform and carry out any activities concerning this Ground Lease, including but not limited to, the execution of any additional agreements, addenda DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0