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California Civil Code Section 1952.6

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1952.6

(a) Sections 1951 to 1952.2, inclusive, shall not apply to
any lease or agreement for a lease of real property  between any
public entity and any nonprofit corporation whose title or interest
in the property is subject to reversion to or vesting in a public
entity and which issues bonds or other evidences of indebtedness, the
interest on which is exempt from federal income taxes for the
purpose of acquiring, constructing, or improving the property or a
building or other facility thereon, or between any public entity and
any other public entity, unless the lease or the agreement shall
specifically provide that Sections 1951 to 1952.2, inclusive, or any
portions thereof, are applicable to the lease or the agreement.
   (b) Except as provided in subdivision (a), a public entity lessee
in a contract for a capital lease of real property involving the
payment of rents of one million dollars ($1,000,000) or more may
elect to waive any of the remedies for a breach of the lease provided
in Sections 1951 to 1952.2, inclusive, and contract instead for any
other remedy permitted by law.  As used in this subdivision, "capital
lease" refers to a lease entered into for the purpose of acquiring,
constructing, or improving the property or a building or other
facility thereon.
   (c) As used in this section, "public entity" includes the state, a
county, city and county, city, district, public authority, public
agency, or any other political subdivision or public corporation.

Last modified: January 12, 2009