Laserfiche WebLink
Should the Corporation elect to enter or re-enter as <br /> herein provided, the City hereby irrevocably appoints the <br /> Corporation as the agent and attorney-in-fact of the City <br /> to re-let the Demised Premises and Capital Projects I and <br /> II, or any part thereof, from time to time, either in the <br /> Corporation's name or otherwise, upon such terms and <br /> conditions and for such use and period as the Corporation <br /> may deem advisable and to remove all persons in <br /> possession thereof and all personal property whatsoever <br /> situated in and upon the Demised Premises and the Capital <br /> Projects I and II and to place such personal property in <br /> storage in any warehouse or other suitable place in the <br /> County of Alameda, State of California, for the account <br /> of and at the expense of the City, and the City hereby <br /> exempts and agrees to save harmless the Corporation from <br /> any costs, loss or damage whatsoever arising out of, in <br /> connection with, or incident to any such re-entry upon <br /> and re-letting of the Demised Premises and Capital <br /> Projects I and II and removal and storage of such <br /> property by the Corporation or its duly authorized agents <br /> in accordance with the provisions herein contained. The <br /> City agrees that the terms of this Lease constitute full <br /> and sufficient notice of the right of the Corporation to <br /> re-let the Demised Premises and Capital Projects I and II <br /> and to do all other acts to maintain or preserve Capital <br /> Projects I and II as the Corporation deems necessary or <br /> desirable in the event of such re-entry without effecting <br /> a surrender of this Lease, and further agrees that no <br /> acts of the Corporation in effecting such re-letting <br /> shall constitute a surrender or termination of this Lease <br /> irrespective of the use or the term for which such <br /> re-letting is made or the terms and conditions of such <br /> re-letting, or otherwise, but that, on the contrary, in <br /> the event of such default by the City the right to <br /> terminate this Lease shall vest in the Corporation to be <br /> effected in the sole and exclusive manner provided for in <br /> subparagraph (1) hereof. The City further waives the <br /> right to rental obtained by the Corporation in excess of <br /> the rental herein specified and hereby conveys and <br /> releases such excess to the Corporation as compensation <br /> to the Corporation for its services in re-letting the <br /> Demised Premises and Capital Projects I and II or any <br /> part thereof. The City further agrees to pay the <br /> Corporation the cost of any alterations or additions to <br /> the Demised Premises and Capital Projects I and II or any <br /> part thereof necessary to place the Demised Premises and <br /> Capital Projects I and II or any part thereof in <br /> condition for re-letting immediately upon notice to the <br /> City of the completion and installation of such additions <br /> or alterations. <br /> <br /> F-22 <br />1456S <br /> <br /> <br />