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h 3. TO HAVE AND TO HOLD the said premises for the term beginning 1 November <br /> d 8$ through 30 Septembe;989, provided that unless and until the Government shall give notice of <br /> termination in accordance with provision 6 hereof, this lease shall remain in force thereafter from year <br /> to year wEtkout further notice; provided further that adequate appropriations are available from year <br /> to year for the payment of rentals; and provided further that this lease shall in no event extend <br /> beyond 31 October 1994. <br /> 1 I <br /> 4. The Government shall pay the Lessor rent at the following rate: $11,000 <br /> per annum <br /> Payment shall be made at the end of each Year by the Finance and Accounting office, <br /> Special Disbursing Agent, 650 Capitol Mall, Sacramento, California 93814-4794. <br /> 5. The Government shall have the right, during the existence of this lease to attach fixtures, and <br /> erect structures or signs, in or upon the premises hereby leased, which fixtures and structures, or signs, <br /> so placed in, upon or attached to the said premises shall be and remain the property of the Govern- <br /> ment and may be removed or otherwise disposed of by the Government. .- <br /> "�p, days notice in <br /> 6• Either party may 'terminate this lease at any time by giving§�e�t�-(;uy� <br /> writing to the Lessor, and no rental shall accrue after the effective date of termination. <br /> 7. Any notice under' the term <br /> e of this lease shall be in writing a4gned by a duly authorized repre- <br /> sentative of the party giving such notice, and if given by the Government shall be addressed to the <br /> Lessor at yon Communities, Inc. , 2707 East Fremont, Stockton, California 95202 <br /> and if given by the Lessor shall be addressed to District Engineer, Sacramento District US <br /> Army Corps of :Engineers, 650 Capitol Mall, Sacramento, California 95814-4794 <br /> S. The Lessor warrants that no person or selling agency has been employed'or retained to solicit <br /> or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or <br /> contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies <br /> maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty <br /> the Government shall have the right to annul this lease without liability or in its discretion to deduct <br /> from the lease price or consideration the full amount of such commission, percentage, brokerage, or <br /> contingent fee. <br /> 9. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any <br /> share or part of this lease or to any benefit that may arise therefrom, but this provision shall not be <br /> construed to extend to this lease if made with a corporation for its general benefit. <br /> 10. (a) The Government may, by written notice to the Lessor, terminate the right of the Lessor <br /> to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his <br /> duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were <br /> offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee <br /> of the Government with a view toward securing a lease or securing favorable treatment with respect to <br /> the awarding or amending, or the making of any determinations with respect to the performing, of <br /> such lease, provided, that the existence of facts upon which the Secretary of the Army or his duly j <br /> authorized representative makes such findings shall be in issue and may he reviewed in any competent <br /> cpurt. 2 <br />