RES 88027 - Laserfiche WebLink

20. SERVICE OF NOTICES: Resident understands that any notice terminating his tenancy must be given to him in writing in the manner described by Section 1162 of the California Code of Civil Procedures. However, as additional consideration of the execution of this Agreement, Resident agrees that any service of any other notice upon him, including but not limited to, a notice of rent increases, notice of non-compliance with Park Rules and Regulations, notice of termination of this Agreement and notice of any meeting to discuss amendments to Park Rules and Regulations, standards for maintenance and physical improvements in the Park etc., will have been duly and validly affected if a notice is mailed to the Resident at his address in the Park via first class United States mail, postage prepaid. Resident agrees that any notice served upon him in this manner shall be deemed served five (5) days subsequent to its mailing. Resident also agrees that service of future copies of the Mobilehome Residency Law may be served in the same manner. 21. WAIVER: The waiver by Park of or the failure of Park to take action in any respect by any breach of any term, covenant, or condition herein contained, shall not be deemed to be a waiver of such term, covenant or condition herein contained. The subsequent acceptance of rent by park shall not be deemed to be a waiver of any preceding breach by Resident of any term, covenant or condition of this covenant other than the failure of Resident to pay the particular rent so accepted, regardless of Park's knowledge of such preceding breach at the time of accepting such rent and whether or not the breach is continuing in nature. 22. ATTORNEY'S FEES AND COURT COSTS: If an action at law or equity shall be brought to recover any rent or any utilities due under this Agreement or on account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this Agreement or the rules attached hereto for the recovery of possession of the demised premises, the prevailing parties shall be entitled to recover from the other as part of the prevailing party's costs, reasonable attorney's fees, the amount of which shall be fixed by the court and made a part of any judgment or decree rendered and the Park shall be entitled to receive as court costs the cost of the service of any notice required to be serviced upon the Resident in relationship to the legal action. 23. TIME OF THE ESSENCE: Time is of the essence of this Agreement. 24. SAVINGS CLAUSE: Each provision of this Agreement is separate and distinct and individually enforceable. In the event any provision is declared to be unlawful, the enforceability of all other provisions shall not be affected. 25. INSPECTION OF PREMISES: By signing this Agreement, tenant acknowledges that tenant has carefully inspected the space to be rented and all the Park's facilities and has found them to be in every respect, as represented by Park to Resident, whether orally or in writing. - 5 -