deemed given one (1) business day after delivery of
the same to the courier. Notices delivered by United States mail shall be deemed
given three (3) business days after depositing the same as required hereunder.
If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed
received on the next business day.
23.14
FORCE MAJEURE.
ANY PREVENTION, DELAY OR STOPPAGE OF WORK TO BE
PERFORMED BY LANDLORD OR TENANT WHICH IS DUE TO STRIKES, LABOR DISPUTES,
INABILITY TO OBTAIN LABOR, MATERIALS, EQUIPMENT OR REASONABLE SUBSTITUTES
THEREFOR, ACTS OF GOD, GOVERNMENTAL RESTRICTIONS OR REGULATIONS OR CONTROLS,
JUDICIAL ORDERS, ENEMY OR HOSTILE GOVERNMENT ACTIONS, CIVIL COMMOTION, OR OTHER
CAUSES BEYOND THE REASONABLE CONTROL OF THE PARTY OBLIGATED TO PERFORM
HEREUNDER, SHALL EXCUSE PERFORMANCE OF THE WORK BY THAT PARTY FOR A PERIOD EQUAL
TO THE DURATION OF THAT PREVENTION, DELAY OR STOPPAGE.
NOTHING IN THIS
SECTION 17.12 SHALL EXCUSE OR DELAY TENANT'S OBLIGATION TO PAY RENT OR OTHER
CHARGES DUE UNDER THIS LEASE.
23.15
SUCCESSORS AND ASSIGNS.
THIS LEASE SHALL BE BINDING UPON AND INURE
TO THE BENEFIT OF LANDLORD, ITS SUCCESSORS AND ASSIGNS (SUBJECT TO THE
PROVISIONS HEREOF, INCLUDING, WITHOUT LIMITATION, SECTION 17.6), AND SHALL BE
BINDING UPON AND INURE TO THE BENEFIT OF TENANT, ITS SUCCESSORS, AND TO THE
EXTENT ASSIGNMENT OR SUBLETTING MAY BE APPROVED BY LANDLORD HEREUNDER, TENANT'S
ASSIGNS OR SUBTENANTS.
50
23.16
WAIVER OF JURY TRIAL.
TO THE EXTENT PERMITTED BY APPLICABLE LAW,
LANDLORD AND TENANT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR
RESPECTIVE RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT
OF, UNDER OR IN CONNECTION WITH THIS LEASE OR ANY DOCUMENTS CONTEMPLATED TO BE
EXECUTED IN CONNECTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS,
STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY ARISING OUT OF
OR RELATED IN ANY MANNER WITH THE PREMISES (INCLUDING, WITHOUT LIMITATION, ANY
ACTION TO RESCIND OR CANCEL THIS LEASE OR ANY CLAIMS OR DEFENSES ASSERTING THAT
THIS LEASE WAS FRAUDULENTLY INDUCED OR IS OTHERWISE VOID OR VOIDABLE).
LANDLORD
AND TENANT AGREE AND INTEND THAT THIS PARAGRAPH CONSTITUTES A WRITTEN CONSENT TO
WAIVER OF TRIAL BY JURY WITHIN THE MEANING OF CALIFORNIA CODE OF CIVIL PROCEDURE
SECTION 631(A)(2).
EACH PARTY HEREBY AUTHORIZES AND EMPOWERS THE OTHER TO FILE
THIS PARAGRAPH AND THIS LEASE WITH THE CLERK OR JUDGE OF ANY COURT OF COMPETENT
JURISDICTION AS A WRITTEN CONSENT TO WAIVER OF JURY TRIAL.
23.17
FURTHER ASSURANCES.
LANDLORD AND TENANT EACH AGREE TO PROMPTLY SIGN
ALL DOCUMENTS REASONABLY REQUESTED TO GIVE EFFECT TO THE PROVISIONS OF THIS
LEASE.
23.18
INCORPORATION OF PRIOR AGREEMENTS.
THIS LEASE, INCLUDING THE
EXHIBITS AND ADDENDA ATTACHED TO IT, CONTAINS ALL AGREEMENTS OF LANDLORD AND
TENANT WITH RESPECT TO ANY MATTER REFERRED TO HEREIN.
NO PRIOR AGREEMENT OR
UNDERSTANDING PERTAINING TO SUCH MATTERS SHALL BE EFFECTIVE.
23.19
APPLICABLE LAW.
THIS LEASE SHALL BE GOVERNED BY, CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
23.20
TIME OF THE ESSENCE.
TIME