_____37. If yоu аre tаking а test with by fill-in-the-blank test questiоns which type оf memory retention is used?
If оxygen delivery tо her wоrking muscles is insufficient, which metаbolic shift is most likely?
On September 21, 2015, Jоhn Smith (Plаintiff) аnd Jоe Jоnes (Defendаnt) signed a lease for a property located at 114 West Street, Fresno, California, for the establishment of a “brewery/pub.” The lease provided that Defendant “shall use the Leased Premises for Brewery/Pub only, and for related activities but for no other purposes unless written consent is provided by the Landlord.” The lease did not prohibit takeout dining. The lease was for the period of January 1, 2016, through December 31, 2020. Defendant operated a restaurant/pub known as Chesapeake Brewing Company without substantial difficulties until the arrival of the COVID-19 pandemic. On March 5, 2020, as COVID-19 began to spread throughout the United States, Governor Larry Hogan declared a “State of Emergency and Existence of Catastrophic Health Emergency” in the State of California. On March 12, 2020, the Governor issued an executive order requiring that bars and restaurants close by 5:00 p.m. on March 16, 2020. Restaurants and bars were permitted to sell food and beverages for carry-out, drive-through, or delivery if they operated “in accordance with any social-distancing recommendations of the California Department of Health.” As of May 29, 2020, the statewide restrictions were relaxed to allow restaurants to serve food and beverages to customers for consumption in outdoor seating areas; and on June 12, 2020, restaurants were permitted to serve food indoors at fifty (50) percent of their maximum capacity. In April 2020, Defendant asked Plaintiff to abate the April rent in light of the COVID-19 health emergency and Defendant’s inability to operate the brewery and restaurant as usual. Plaintiff and Defendant attempted to negotiate but were unable to reach an agreement. Plaintiff set a deadline for Defendant to pay the overdue April rent. Defendant did not pay the rent and, instead, provided written notice to Plaintiff on April 23, 2020, that he wished to terminate the lease. On May 3, 2020, Defendant vacated the premises and returned the keys to Plaintiff. On May 27, 2020, Plaintiff filed a complaint in the Superior Court alleging that Defendant had breached his lease. Defendant answered and raised the affirmative defenses of frustration of purpose and legal impossibility. The court heard testimony from the parties. Defendant testified that he was unable to operate his restaurant and brewery in light of the COVID-19 related closures. Defendant argued that his inability to operate his restaurant should excuse his nonpayment of rent to Plaintiff. Please set forth the elements of each affirmative defense and discuss whether the facts support or refute Defendant’s position that he was excused from further performance under the lease.