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5G Consent
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5G Consent
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3/21/2024 5:56:02 PM
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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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<br />32 <br />Section 18.6 Binding Effect. This Ground Lease shall inure to the benefit of and be <br />binding upon the Parties hereto, their successors, administrators, executors and permitted <br />assigns. <br />Section 18.7 Severability. In the event any provision or portion of this Ground Lease <br />is held by any court of competent jurisdiction to be invalid or unenforceable, such holdings shall <br />not affect the remainder hereof, and the remaining provisions shall continue in full force and <br />effect to the same extent as would have been the case had such invalid or unenforceable <br />provision or portion never been a part hereof, except to the extent the rights and obligations of <br />the parties have been materially altered by such unenforceability. <br />Section 18.8 Further Assurances. From and after the date of this Ground Lease, <br />Lessor and Lessee, at the request of the other Party, shall make, execute and deliver or obtain and <br />deliver all such affidavits, deeds, certificates, resolutions and other instruments and documents, <br />and shall do or cause to be done all such other things that either Party may reasonably require in <br />order to effectuate the provisions and the intention of this Ground Lease. <br />Section 18.9 Authority to Execute Agreement. Each Party represents and warrants to <br />the other Party that by proper action the person executing this Ground Lease on behalf of such <br />Party has been duly authorized to execute and deliver this Ground Lease. <br />Section 18.10 Ground Lease Administration and Approvals. The City Manager of the <br />City of San Leandro, or his or her designee, shall be the person designated by Lessor to administer <br />this Ground Lease on behalf of Lessor. The City Manager of the City of San Leandro shall have <br />the authority to consent to any matter requiring Lessor approval or consent as provided in this <br />Ground Lease, and to perform and carry out any activities concerning this Ground Lease, including <br />but not limited to, the execution of any additional agreements, addenda or amendments so long as <br />such actions do not substantially affect the rights and obligations of Lessor as specified herein. <br />Section 18.11 Captions. All captions, headings, paragraphs, subparagraphs, letters and <br />other reference captions are solely for the purpose of facilitating convenient reference to this <br />Ground Lease, shall not supplement, limit or otherwise vary the text of this Ground Lease in any <br />respect, and shall be wholly disregarded when interpreting the meaning of any terms or <br />provisions hereof. All references to particular articles, sections, subsections, paragraphs and <br />subparagraphs by number refer to the text of such items as so numbered in this Ground Lease. <br />Section 18.12 Gender. Words of any gender used in this Ground Lease shall be held <br />and construed to include any other gender, and words of a singular number shall be held to <br />include the plural, and vice-versa, unless the context requires otherwise. <br />Section 18.13 Exhibits. Each and every exhibit referred to or otherwise mentioned in <br />this Ground Lease is attached to this Ground Lease and is and shall be construed to be made a <br />part of this Ground Lease by such reference or other mention at each point at which such <br />reference or other mention occurs, in the same manner and with the same effect as if each exhibit <br />were set forth in full at length every time it is referred to and otherwise mentioned. <br />Section 18.14 References. All references to paragraphs or subparagraphs shall be <br />deemed to refer to the appropriate paragraph or subparagraph of this Ground Lease. Unless DRAFT
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