Common use of Lease Contains All Agreements - No Waivers Clause in Contracts

Lease Contains All Agreements - No Waivers. This Lease contains all of the covenants, agreements, terms, provisions and conditions relating to the leasing of the premises hereunder, and Landlord has not made and is not making, and Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statements, except to the extent that the same may expressly be set forth in this Lease. The failure of Landlord to insist in any one or more instances upon the strict performance of any one of the covenants, agreements, terms, provisions or conditions of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition or election, but the same shall continue and remain in full force and effect. No waiver by Landlord of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses in writing and signed by Landlord. No surrender of the premises or of any remainder of the term of this Lease shall be valid unless accepted by Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by Landlord of fixed fee or other sum or charge payable hereunder from anyone other than Tenant shall not be deemed a waiver of the breach by Tenant of any covenant, agreement, term, provision or condition herein contained, or the acceptance of such other person as a tenant, or a release of Tenant from the further performance by Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The receipt and retention by Landlord of fixed rent, additional rent or other sum or charge with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained shall not be deemed ma waiver of such breach. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenant.

Lease Contains All Agreements - No Waivers. This Lease contains all of the covenants, agreements, terms, provisions and conditions relating to the leasing of the premises hereunder, and Landlord has not made and is not making, and Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statements, except to the extent that the same may expressly be set forth in this Lease. The failure of Landlord to insist in any one or more instances upon the strict performance of any one of the covenants, agreements, terms, provisions or conditions of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition or election, but the same shall continue and remain in full force and effect. No waiver by Landlord of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses in writing and signed by Landlord. No surrender of the premises or of any remainder of the term of this Lease shall be valid unless accepted by Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by Landlord of fixed fee or other sum or charge payable hereunder from anyone other than Tenant shall not be deemed a waiver of the breach by Tenant of any covenant, agreement, term, provision or condition herein contained, or the acceptance of such other person as a tenant, or a release of Tenant from the further performance by Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The receipt and retention by Landlord of fixed rent, additional rent or other sum or charge with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained shall not be deemed ma waiver of such breach. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant Xxxxxx and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenant.

Lease Contains All Agreements - No Waivers. This Lease contains all of the covenants, agreements, terms, provisions and conditions relating to the leasing of the premises hereunder, and Landlord has not made and is not making, and Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statements, except to the extent that the same may expressly be set forth in this Lease. The failure of Landlord to insist in any one or more instances upon the strict performance of any one of the covenants, agreements, terms, provisions or conditions of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition or election, but the same shall continue and remain in full force and effect. No waiver by Landlord of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses expressed in writing and signed by Landlord. No surrender of the premises or of any remainder of the term of this Lease shall be valid unless accepted by Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by Landlord of fixed fee or other sum or charge payable hereunder from anyone other than Tenant shall not be deemed a waiver of the breach by Tenant of any covenant, agreement, term, provision or condition herein contained, or the acceptance of such other person as a tenant, or a release of Tenant from the further performance by Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The receipt and retention by Landlord of fixed rent, additional rent or other sum or charge with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained shall not be deemed ma a waiver of such breach. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant Xxxxxx and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenant.

Lease Contains All Agreements - No Waivers. This Lease contains all of the covenants, agreements, terms, provisions provisions, conditions and conditions understandings relating to the leasing of the premises hereunder, hereunder and the Landlord's obligations in connection therewith and neither the Landlord nor any agent or representative of the Landlord has not made and or is not making, and the Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statementsstatements whatsoever, except to the extent that the same may expressly be set forth in this Lease. All understandings and agreements, if any, heretofore had between the parties are merged in this Lease, which alone fully and completely expresses the agreement of the parties. The failure of the Landlord to insist in any one or more instances instance upon the strict keeping, observance or performance of any one of the covenantscovenant, agreementsagreement, termsterm, provisions provision or conditions condition of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition or election, but the same shall continue and remain in full force and effect. No waiver or modification by the Landlord of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses expressed in writing and signed by the Landlord. No surrender of possession of the premises or of any part thereof or of any remainder of the term of this Lease shall be valid release the Tenant from any of its obligations hereunder unless accepted by the Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by the Landlord of fixed fee rent, percentage rent (if any) or other sum or charge payable hereunder additional rent from anyone other than the Tenant shall not be deemed a waiver of the breach by the Tenant of any covenant, agreement, term, provision or condition herein contained, or the acceptance of such other person as a tenant, or a release of the Tenant from the further keeping, observance or performance by the Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The receipt and retention by the Landlord of fixed rent, percentage rent (if any) or additional rent or other sum or charge with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained shall not be deemed ma a waiver of such breach. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenant.

Lease Contains All Agreements - No Waivers. Section 18.01. This Lease contains all of the covenants, agreements, terms, provisions and conditions relating to the leasing of the premises Premises hereunder, and Landlord has not made and is not making, and Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statements, except to the extent that the same may expressly be set forth in this Lease. Section 18.02. The failure of Landlord to insist in any one or more instances instance upon the strict performance of any one of the covenants, agreements, terms, provisions or conditions provision of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition provision or election, but the same shall continue and remain in full force and effect. No waiver or modification by Landlord of any covenant, agreement, term, provision or condition of this Lease or other right or benefit shall be deemed to have been made unless expresses expressed in writing and signed by Landlord. No surrender of the premises Premises or of any part thereof or of any remainder of the term of this Lease shall be valid unless accepted by Landlord in writing. No payment Any breach by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due provision of this Lease shall not be deemed to 10 be other than on account of waived by (a) the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by Landlord of fixed fee Fixed Rent or other sum or charge payable hereunder additional rent from anyone other than Tenant shall not be deemed a waiver of the breach by Tenant of any covenant, agreement, term, provision or condition herein contained, or (b) the acceptance of such other person as a tenant, tenant or (c) a release of Tenant from the further performance by Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The of this Lease or (d) the receipt and retention by Landlord of fixed rent, Fixed Rent or additional rent or other sum or charge with without knowledge of the breach of any covenant, agreement, term, provision of this Lease. No payment by Tenant or condition receipt or retention by Landlord of a lesser amount than any Fixed Rent or additional rent herein contained stipulated shall not be deemed ma waiver to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as such rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such breachrent or pursue any other remedy in this Lease provided. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. Section 18.03. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant and agrees that its sole remedies in cases where Landlord’s reasonableness in exercising its judgment or withholding its consent or approval is applicable pursuant to a fully executed counterpart specific provision of this Lease Lease, or any rider or separate agreement relating to this Lease, if any, shall have been delivered by Landlord be those in the nature of an injunction, declaratory judgment, or specific performance, the rights to Tenantmoney damages or other remedies being hereby specifically waived.

Lease Contains All Agreements - No Waivers. This Lease contains all of the covenants, agreements, terms, provisions provisions, conditions and conditions understandings relating to the leasing of the premises hereunder, hereunder and the Landlord's obligations in connection therewith and neither the Landlord nor any agent or representative of the Landlord has not made and or is not making, and the Tenant in executing and delivering this Lease is not relying upon, any and warranties, representations, promises or statementsstatements whatsoever, except to the extent that the same may expressly be set forth in this Lease. All understandings and agreements, if any, heretofore had between the parties are merged in this Lease, which alone fully and completely expresses the agreement of the parties. The failure of the Landlord to insist in any one or more instances instance upon the strict keeping, observance or performance of any one of the covenantscovenant, agreementsagreement, termsterm, provisions provision or conditions condition of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition or election, but the same shall continue and remain in full force and effect. No waiver or modification by the Landlord of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses expressed in writing and signed by the Landlord. No surrender of possession of the premises or of any part thereof or of any remainder of the term of this Lease shall be valid release the Tenant from any of its obligations hereunder unless accepted by the Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by the Landlord of fixed fee rent, percentage rent (if any) or other sum or charge payable hereunder additional rent from anyone other than the Tenant shall not be deemed a waiver of the breach by the Tenant of any covenant, agreement, term, provision or condition herein contained, or the acceptance of such other person as a tenant, or a release of the Tenant from the further keeping, observance or performance by the Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The receipt and retention by the Landlord of fixed rent, percentage rent (if any) or additional rent or other sum or charge with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained shall not be deemed ma a waiver of such breach. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenant.

Lease Contains All Agreements - No Waivers. This Lease contains all of the covenants, agreements, terms, provisions and conditions relating to the leasing of the premises hereunder, and Landlord has not made and is not making, and Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statements, except to the extent that the same may expressly be set forth in this Lease. The failure of to Landlord to insist in any one or more instances upon the strict performance of any one of the covenants, agreements, terms, provisions or conditions of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition or election, but the same shall continue and remain in full force and effect. No waiver by Landlord of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses in writing and signed by Landlord. No surrender of the premises or of any remainder of the term of this Lease shall be have valid unless accepted by Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by Landlord of fixed fee or other sum or charge payable hereunder from anyone other than Tenant shall not be deemed a waiver of the breach by Tenant of any covenant, agreement, term, provision or condition herein contained, or the acceptance of such other person as a tenant, or a release of a Tenant from the further performance by Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The receipt and retention by Landlord of fixed rent, additional rent or other sum or charge with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained shall not be deemed ma waiver of such breach. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or of effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant Xxxxxx and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenant.

Lease Contains All Agreements - No Waivers. 32.1 This Lease and the Initial Improvements Agreement contains all of the covenants, agreements, terms, provisions provisions, conditions and conditions understandings relating to the leasing of the premises hereunder, Premises hereunder and Landlord Landlord's and Tenant's obligations in connection therewith and neither party (nor its any agents or representatives) has not made and or is not making, and Tenant the other party in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statementsstatements whatsoever, except to the extent that the same may expressly be set forth in this Lease. All prior understandings and agreements, if any, between the parties are merged in this Lease, which alone fully and completely expresses the agreement of the parties. 32.2 The failure of Landlord either party to insist in any one or more instances instance upon the strict keeping, observance or performance of any one of the covenantscovenant, agreementsagreement, termsterm, provisions provision or conditions condition of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such any covenant, agreement, term, provision, condition or election, but the same all of which shall continue and remain in full force and effect. No waiver or modification by Landlord a party of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses expressed in writing and signed by Landlordsuch party. No surrender of possession of the premises Premises or of any part thereof or of any remainder of the term of this Lease shall be valid release Tenant from any of its obligations hereunder unless accepted by Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by Landlord of fixed fee Fixed Rent or other sum or charge payable hereunder Additional Rent from anyone other than Tenant shall not be deemed a waiver of the breach by Tenant of any covenant, agreement, term, provision or condition herein contained, or the acceptance of such any other person as a tenant, or a release of Tenant from the further keeping, observance or performance by Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The receipt and retention by Landlord a party of fixed rent, additional rent or any amount payable to such party hereunder by the other sum or charge party with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained by the other party shall not be deemed ma a waiver of the breach by such breach. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenantparty.

Lease Contains All Agreements - No Waivers. 21.1. This Lease contains all of the covenants, agreements, terms, provisions and conditions understandings relating to the leasing of the premises hereunderPremises and the obligations of the Landlord and the Tenant in connection therewith, and neither the Landlord nor the Tenant nor any agent or representative of either of the Landlord or the Tenant has not made and or is not making, and the Landlord and the Tenant in executing and delivering this Lease is are not relying upon, any warranties, representations, promises or statementsstatements whatsoever, except to the extent that the same may expressly be set forth in this Lease. All understandings and agreements, if any, heretofore had between the parties are merged in this Lease, which alone fully and completely expresses the agreement of the parties. 21.2. The failure of the Landlord or the Tenant to insist in any one or more instances instance upon the strict keeping, observance or performance of any one of the covenants, agreements, terms, provisions or conditions provision of this Lease or to exercise any election herein contained in this Lease shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition or election, but the same shall continue and remain in full force and effect. No waiver or modification by the Landlord or the Tenant of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses expressed in writing and signed by Landlordthe Landlord or the Tenant, as applicable. No surrender of possession of the premises Premises or of any part thereof or of any remainder of the term of this Lease shall be valid release the Tenant from any of its obligations under this Lease unless accepted by the Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by the Landlord of fixed fee or other sum or charge payable hereunder Rent from anyone other than the Tenant shall not be deemed a waiver of the breach by the Tenant of any covenant, agreement, term, provision or condition herein containedin this Lease, or the acceptance of such other person as a tenant, or a release of the Tenant from the its further performance by Tenant observance of the covenants, agreements, terms, provisions and conditions herein containedof this Lease. The receipt and retention by the Landlord of fixed rent, additional rent or other sum or charge Rent with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained of this Lease shall not be deemed ma a waiver of such breach. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenant.

Lease Contains All Agreements - No Waivers. Section 18.01 This Lease contains all of the covenants, agreements, terms, provisions and conditions relating to the leasing of the premises Premises hereunder, and Xxxxxx acknowledges that neither Landlord has not made and is not makingnor Landlord’s agents have made, and Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statements, except to the extent that the same may expressly be set forth in this Lease. . Section 18.02 The failure of Landlord either party to insist in any one or more instances instance upon the strict performance of any one of the covenants, agreements, terms, provisions or conditions provision of this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition provision or election, but the same shall continue and remain in full force and effect, provided however, the foregoing shall not be construed as extending the time in which either party is obligated to exercise any rights under this Lease, which by the terms hereof must be exercised within a specified period. No waiver or modification by Landlord either party of any covenant, agreement, term, provision or condition of this Lease or other right or benefit shall be deemed to have been made unless expresses expressed in writing and signed by Landlordthe party against whom enforcement is sought. No surrender of the premises Premises or of any part thereof or of any remainder of the term of this Lease Term shall be valid unless accepted by Landlord in writing. No payment Any breach by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due provision of this Lease shall not be deemed to be other than on account of waived by (a) the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by Landlord of fixed fee Fixed Rent or other sum or charge payable hereunder additional rent from anyone other than Tenant shall not be deemed a waiver of the breach by Tenant of any covenant, agreement, term, provision or condition herein contained, or (b) the acceptance of such other person as a tenant, tenant or (c) a release of Tenant from the further performance by Tenant of the covenants, agreements, terms, provisions and conditions herein contained. The of this Lease or (d) the receipt and retention by Landlord of fixed rent, Fixed Rent or additional rent or other sum or charge with knowledge of the breach of any covenant, agreement, term, provision of this Lease. No payment by Tenant or condition receipt or retention by Landlord of a lesser amount than any Fixed Rent or additional rent herein contained stipulated shall not be deemed ma waiver to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as such rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such breachrent or pursue any other remedy in this Lease provided. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or in part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenant.

Lease Contains All Agreements - No Waivers. 15.1 This Lease contains all of the covenants, agreements, terms, provisions and conditions understandings relating to the leasing of the premises hereunder, Space and the Landlord's obligations in connection therewith and neither the Landlord nor any agent or representative of the Landlord has not made and or is not making, and the Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statementsstatements whatsoever, except to the extent that the same may expressly be set forth in this Lease. All understandings and agreements, if any, heretofore had between the parties are merged in this Lease, which alone fully and completely expresses the agreement of the parties. 15.2 The failure of either the Landlord or the Tenant to insist in any one or more instances instance upon the strict keeping, observance or performance of any one of the covenants, agreements, terms, provisions or conditions provision of this Lease or to exercise any election herein contained in this Lease shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition or election, but the same shall continue and remain in full force and effect. No waiver or modification by either the Landlord or the Tenant of any covenant, agreement, term, provision or condition of this Lease shall be deemed to have been made unless expresses expressed in writing and signed by Landlordthe Landlord or the Tenant, as the case may be. No surrender of possession of the premises Space or of any part thereof or of any remainder of the term of this Lease shall be valid release the Tenant from any of its obligations under this Lease unless accepted by the Landlord in writing. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of any rent or additional rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or payment of any rent or additional rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or payment of any rent or additional rent, or pursue any remedy or remedies available to Landlord. The receipt and retention by the Landlord of fixed fee or other sum or charge payable hereunder Rent from anyone other than the Tenant shall not be deemed a waiver of the breach by the Tenant of any covenant, agreement, term, provision or condition herein containedin this Lease, or the acceptance of such other person as a tenant, or a release of the Tenant from the its further performance by Tenant observance of the covenants, agreements, terms, provisions and conditions herein containedof this Lease. The receipt and retention by the Landlord of fixed rent, additional rent or other sum or charge Rent with knowledge of the breach of any covenant, agreement, term, provision or condition herein contained of this Lease shall not be deemed ma a waiver of such breach. No executory agreement hereafter made between . 15.3 The Tenant agrees to permit the Landlord and Landlord's agents, employees or other representatives to show the premises to persons wishing to rent or purchase the same, and Tenant agrees that on and after 180 days next preceding the expiration of the term hereof, the Landlord or its agents, employees or other representatives shall have the right to place notices on the front of said premises or any part thereof, offering the premises for rent or for sale. 15.4 If the Tenant shall be effective fail or refuse to change, modify, waive, release, discharge, terminate or effect an abandonment comply with and perform any conditions and covenants of this Leaselease, the Landlord may, in whole or its discretion, carry out and perform such conditions and covenants, at the cost and expense of the Tenant, which shall be payable on demand. This remedy shall be in part, unless addition to such executory agreement is in writing, refers expressly to this Lease and is signed other remedies as the Landlord may have hereunder by reason of the breach by the party Tenant of such covenants and conditions. 15.5 The Tenant waives all rights of recovery against whom enforcement the Landlord or Landlord's agents, employees or other representatives for any loss, damages or injury of any nature whatsoever to property or persons for which the Tenant is insured. The Tenant shall obtain from Tenant's insurance carriers and will deliver to the Landlord waivers of the change, modification, waiver, release, discharge or termination or effectuation of subrogation rights under the abandonment is sought. The Lease shall not be binding upon Landlord unless and until it shall have been executed by Landlord and Tenant and a fully executed counterpart of this Lease shall have been delivered by Landlord to Tenantrespective policies.