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or other suitable place in the County of Alameda, State <br /> of California, for the account of and at the expense of <br /> the City, and the City exempts and agrees to save <br /> harmless the Corporation from any costs, loss or damage <br /> whatsoever arising out of, in connection with, or <br /> incident to any such re-entry upon and re-letting of the <br /> Demised Premises and Capital Projects I and II and <br /> removal and storage of such property by the Corporation <br /> or its duly authorized agents in accordance with the <br /> provisions contained in the Facility Lease. The City <br /> agrees that the terms of the Facility Lease constitute <br /> full and sufficient notice of the right of the <br /> Corporation to re-let the Demised Premises and Capital <br /> Projects I and II and to do all other acts to maintain or <br /> preserve Capital Projects I and II as the Corporation <br /> deems necessary or desirable in the event of such <br /> re-entry without effecting a surrender of the Facility <br /> Lease, and further agrees that no acts of the Corporation <br /> in effecting such re-letting will constitute a surrender <br /> or termination of the Facility Lease irrespective of the <br /> use or the term for which such re-letting is made or the <br /> terms and conditions of such re-letting, or otherwise, <br /> but that, on the contrary, in the event of such default <br /> by the City the right to terminate the Facility Lease <br /> will vest in the Corporation to be effected in the sole <br /> and exclusive manner provided for in subparagraph (1) <br /> above. The City further waives the right to rental <br /> obtained by the Corporation in excess of the rental <br /> specified in the Facility Lease and under the Facility <br /> Lease conveys and releases such excess to the Corporation <br /> as compensation to the Corporation for its services in <br /> re-letting the Demised Premises and Capital Projects I <br /> and II or any part thereof. The City further agrees to <br /> pay the Corporation the cost of any alterations or <br /> additions to the Demised Premises and Capital Projects I <br /> and II or any part thereof necessary to place the Demised <br /> Premises and Capital Projects I and II or any part <br /> thereof in condition for re-letting immediately upon <br /> notice to the City of the completion and installation of <br /> such additions or alterations. <br /> <br /> The City by the Facility Lease waives any and all <br />claims for damages caused or which may be caused by the <br />Corporation in entering or re-entering and taking possession <br />of the Demised Premises and Capital Projects I and II as <br />provided in the Facility Lease and all claims for damages that <br />may result from the destruction of or injury to the Demised <br />Premises and Capital Projects I and II and all claims for <br />damages to or loss of any property belonging to the City, or <br />any other person, that may be in or upon the Demised Premises <br />and Capital Projects I and II. <br /> <br /> B-16 <br />1685S <br /> <br /> <br />