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shall not be modified or amended in any respect, except by written instrument specifically <br />referencing such modification or amendment which is executed by or on behalf of the Parties in <br />the same manner as this Lease is executed and to which each Lender has consented in writing (if <br />required by the applicable Loan Documents). <br />Section 17.5 Governing Law. This Lease, and the rights and obligations of the Parties <br />hereunder, shall be governed by and construed in accordance with the substantive laws of the <br />State of California without regard to conflict of law principles. Venue for any dispute hereunder <br />shall be in Alameda County, California. <br />Section 17.6 Binding Effect. This Lease shall inure to the benefit of and be binding <br />upon the Parties hereto, their successors, administrators, executors and permitted assigns. <br />Section 17.7 Severability. In the event any provision or portion of this Lease is held by <br />any court of competent jurisdiction to be invalid or unenforceable, such holdings shall not affect <br />the remainder hereof, and the remaining provisions shall continue in full force and effect to the <br />same extent as would have been the case had such invalid or unenforceable provision or portion <br />never been a part hereof, except to the extent the rights and obligations of the parties have been <br />materially altered by such unenforceability. <br />Section 17.8 Further Assurances. From and after the date of this Lease, Lessor and <br />Lessee, at the request of the other Party, shall make, execute and deliver or obtain and deliver all <br />such affidavits, deeds, certificates, resolutions and other instruments and documents, and shall do <br />or cause to be done all such other things that either Party may reasonably require in order to <br />effectuate the provisions and the intention of this Lease. <br />Section 17.9 Authority to Execute Agreement. The persons executing this Lease on <br />behalf of each Party represents and warrants to the other Party that by proper action such persons <br />have been duly authorized to execute and deliver this Lease. <br />Section 17.10 Lease Administration and Approvals. The City Manager of the City of <br />Pleasanton, or his or her designee shall be the person designated by Lessor to administer this <br />Lease on behalf of Lessor. The City Manager of the City of Pleasanton shall have the authority <br />to consent to any matter requiring Lessor approval or consent as provided in this Lease, and to <br />perform and carry out any activities concerning this Lease, including but not limited to, the <br />execution of any additional agreements, addenda or amendments so long as such actions do not <br />substantially affect the rights and obligations of Lessor as specified herein. <br />Section 17.11 Captions. All captions, headings, paragraphs, subparagraphs, letters and <br />other reference captions are solely for the purpose of facilitating convenient reference to this <br />Lease, shall not supplement, limit or otherwise vary the text of this Lease in any respect, and <br />shall be wholly disregarded when interpreting the meaning of any terms or provisions hereof. <br />All references to particular articles, sections, subsections, paragraphs and subparagraphs by <br />number refer to the text of such items as so numbered in this Lease. <br />Section 17.12 Gender. Words of any gender used in this Lease shall be held and <br />construed to include any other gender, and words of a singular number shall be held to include <br />the plural, and vice -versa, unless the context requires otherwise. <br />40 <br />OAK #4823-7863-2026 v2 <br />