CITY COUNCIL REGULAR MEETING AGENDA PACKET

39 4859-3312-3005v4 Section 17.6 Severability. In the event any provision or portion of this 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 17.7 Further Assurances. From and after the date of this Lease, Lessor and Lessee, each agree to undertake such actions and to execute and deliver such instruments as reasonably requested to effectuate the provisions of this Lease. Section 17.8 Authority to Execute Agreement. The persons executing this Lease on behalf of each Party each represent and warrant to the other Party that such persons have been duly authorized to execute and deliver this Lease. Section 17.9 Action by Lessor. The City Manager or his or her designee shall have the authority to consent to any matter requiring Lessor approval or consent as provided in this Lease, and to perform and carry out any activities concerning this Lease, including but not limited to, the execution of any additional agreements, addenda or amendments so long as such actions do not substantially affect the rights and obligations of Lessor as specified herein. Section 17.10 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. Except as otherwise expressly stated herein, any reference to a particular section of this Agreement shall mean a reference to all subsections of such section. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Pleasanton shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. Unless otherwise specified in this Lease, the terms “herein,” “hereof,” “hereinafter,” “hereunder” and other terms of like similar import, shall be deemed to refer to this Lease as a whole, and not to any particular paragraph or subparagraph hereof. Section 17.11 Entire Agreement; Exhibits. This Lease together with the City Documents contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior oral and written agreements between the Parties with respect thereto. Exhibits A through D attached hereto are incorporated herein. Section 17.12 Time of Essence. Time is and shall be of the essence in this Lease. Section 17.13 Attorneys’ Fees. In any litigation or other action brought to enforce this Lease or regarding a dispute over terms of the Lease or the performance of a Party, the prevailing party in such litigation or action shall be entitled to attorneys’ fees and the costs of such litigation. Page 119 of 428