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5G Consent
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Packet 20231016
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5G Consent
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Last modified
3/21/2024 5:56:02 PM
Creation date
12/26/2023 3:00:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/16/2023
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PERM
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<br />31 <br />Section 18.1 Consents. Lessor agrees not to unreasonably withhold or delay its consent <br />to matters requiring Lessor's consent hereunder unless the applicable provision of this Ground <br />Lease permits Lessor to exercise Lessor's sole discretion with respect to a particular matter. <br />Section 18.2 Enforced Delay; Extension of Times of Performance. Time is of the <br />essence in the performance of each of the Parties' respective obligations set forth in this Ground <br />Lease. Except as expressly set forth in this Section 18.2, performance by any Party hereunder shall <br />not be deemed to be in default and such Party shall be entitled to an extension of time to perform <br />its obligations hereunder where delays in performance are due to causes beyond the reasonable <br />control and without the fault of such Party, including as applicable: war; acts of terrorism, <br />insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God, acts of the <br />public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or <br />priority; litigation (including suits filed by third parties concerning or arising out of this <br />Agreement), unusually severe weather; inability to secure necessary labor, materials or tools; acts <br />of the other Parties; acts or the failure to act of any public or governmental agency or entity (except <br />that acts or the failure to act of the Lessor shall not excuse performance of the Lessor); or other <br />causes beyond the control or without the fault of the Party claiming an extension of time to perform <br />("Force Majeure"). An extension of time for any cause permitted under this Section 18.2 shall be <br />limited to the period of the enforced delay, which period shall commence to run from the time of <br />the commencement of the cause, if notice by the Party claiming such extension is sent to the other <br />Party within thirty (30) days of knowledge of the commencement of the cause. If no written notice <br />is sent within thirty (30) days, for purposes of measuring the extension period for performance of <br />the obligation in question, the period of the enforced delay shall commence to run from the date <br />written notice is sent to the other Party. Times of performance under this Ground Lease may be <br />extended by mutual written agreement of the Parties. <br />Section 18.3 Interpretation. The terms of this Ground Lease shall be construed in <br />accordance with the meaning of the language used and shall not be construed for or against any <br />Party by reason of the authorship of this Ground Lease or any other rule of construction which <br />might otherwise apply. The Section headings are for purposes of convenience only, and shall not <br />be construed to limit or extend the meaning of this Ground Lease. <br />Section 18.4 Entire Agreement: Modifications. This Ground Lease supersedes all <br />prior discussions and agreements between the Parties with respect to the leasing of the Leased <br />Premises. This Ground Lease and the executed attachments thereto contain the sole and entire <br />understanding between the parties with respect to the leasing of the Leased Premises. This <br />Ground Lease shall not be modified or amended in any respect, except by written instrument <br />specifically referencing such modification or amendment which is executed by or on behalf of <br />the Parties in the same manner as this Ground Lease is executed. <br />Section 18.5 Governing Law. This Ground Lease, and the rights and obligations of the <br />Parties hereunder, shall be governed by and construed in accordance with the substantive laws of <br />the State of California without regard to conflict of law principles. Venue for any dispute <br />hereunder shall be in Alameda County, California. DRAFT
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