Common use of No Waiver, etc Clause in Contracts

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. [***]. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such waiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment. Tenant shall comply with the rules and regulations contained in this Lease a copy of which are attached hereto as Exhibit G, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control). Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to the extent required to comply with Applicable Laws or to perform any repairs, maintenance, alterations, or improvements to the Building.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet verify such claim. [.* In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days,***]* then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made at the following rates: for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease lease by Landlord shall be effective, unless such waiver be in writing signed by Landlord. This lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentconcerned. Tenant shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Leaselease, or any rule or regulationregulations, shall not be construed as the waiver of any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease shall not be affected ------------------------------- * (Not to exceed two days) ** after written notice by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to the extent required to comply with Applicable Laws or to perform any repairs, maintenance, alterations, or improvements to the Building.Landlord

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease lease shall be effective, unless such waiver be in writing signed by Landlord. This lease contains the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claimentire agreement between the parties, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy no modification thereof shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentbinding unless in writing and signed by the parties concerned. Tenant shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant andthereto, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control). Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to premises, for any reason, including as the extent required to comply with Applicable Laws result of construction on any property of which the premises are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Landlord's own acts.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord’s option a “late charge” shall become due and payable to Landlord, as Additional Rent, from the date it was due until payment is made, at a rate (the “Interest Rate”) equal to one (1%) percent above the prime rate of interest charged by XX Xxxxxx Xxxxx, New York, (or the successor thereto) at the time such payment first becomes due. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such waiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment. In the event that Tenant shall commence any action against Landlord in order to enforce Tenant’s rights under this Lease (provided that Tenant does not seek to remove and consolidate with such action any summary proceeding commenced by Landlord except if and to the extent expressly permitted herein), and should Tenant prevail and obtain a final, non-appealable order, judgment or award on the merits, Landlord will reimburse Tenant (by means of credit against Fixed Annual Rent or if there should be insufficient term remaining in this Lease or any renewals and extensions in order to exhaust such credit, then the remainder shall be reimbursed by payment) for the reasonable legal expenses and fees thereby incurred by Tenant. Tenant shall comply with the rules and regulations contained in this Lease a copy of which are attached hereto as Exhibit GLease, and any reasonable modifications thereof or additions thereto that thereto. Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such will enforce all rules and regulations shall not be applied in a manner that is non-discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)manner. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises temporarily to the extent required to comply with Applicable Laws are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Landlord’s own acts.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of seven (7) days, then at Landlord’s option, a “late charge” shall become due and payable to Landlord, as Additional Rent, equal to five (5%) percent of the then outstanding balance of unpaid Fixed Annual Rent and Additional Rent; provided further that in the event that Tenant fails to pay the “late charge” and the unpaid Fixed Annual Rent and Additional Rent by the twentieth (20th) day of the calendar month which such payment was first due, Tenant shall pay to Landlord, as Additional Rent, an additional fee, which shall not be or be deemed a penalty, but instead shall be deemed reasonably calculated to compensate Landlord, in part, for costs or expenses paid or incurred by Landlord resulting from Tenant’s failure to make timely payment under this Lease (both parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely pay Fixed Annual Rent and Additional will be substantial due to Tenant’s occupancy of the entire rentable office space within the Building, and will be impossible of accurate measurement}, at the following rates: a rate (the “Interest Rate”) equal to two (2%) percent above the prime rate of interest charged by XX Xxxxxx Xxxxx, New York, (or the successor thereto) at the time such payment first becomes due and compounding on the twentieth (20Th) day of each calendar month thereafter until paid in full. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such waiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment, except as otherwise provided in Section 21 above. Tenant shall comply with the rules and regulations contained in this Lease a copy of which are attached hereto as Exhibit GLease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the temporary closing, obstructing, darkening or bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises temporarily to are not a part or by Landlord’s own non-negligent acts. Landlord agrees that it shall not permanently close, darken or xxxxxxx up windows in the extent Premises unless required to comply with Applicable Laws by law, rule, regulation or to perform code of any repairs, maintenance, alterations, or improvements to the Buildinggovernmental authority having jurisdiction.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, partial or total eviction or give rise to a right of Tenant to terminate this Lease or receive an abatement of any portion of its rent, or to be relieved of any other obligation hereunder or to be compensated for any loss or injury suffered by it, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet respond to such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made at the following rate: two (2%) percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease lease shall be effective, unless such waiver be in writing signed by the party to be chargedagainst whom such waiver is sought. In no event shall Tenant be entitled to make, nor shall Tenant make any claimThis lease (together with all Exhibits and Rider(s)) contains the entire agreement between the parties, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy no modification thereof shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentbinding unless in writing and signed by both Tenant and Landlord. Tenant shall comply with the rules and regulations contained in this Lease a copy of which are set forth on Schedule A attached hereto as Exhibit Gand made a part hereof, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to premises, for any reason, including as the extent required to comply with Applicable Laws result of construction on any property of which the premises are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Landlord's own acts.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made at the following rates: for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease lease shall be effective, unless such waiver be in writing signed by Landlord. This lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentconcerned. Tenant shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the a waiver of or any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to premises, for any reason, including as the extent required to comply with Applicable Laws result of construction on any property of which the premises are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Landlord's own acts.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet verify such claimclaim (Not to exceed two days). [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days after written notice by Landlord, then at landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made at the following rates: for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants the late charge shall be computed as two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord Landlord, or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease lease by Landlord shall be effective, unless such waiver be in writing signed by Landlord. This lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentconcerned. Tenant shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to premises, for any reason, including as the extent required to comply with Applicable Laws result of construction on any property of which the premises are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Landlord's own acts.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made at the following rates; for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest; which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease lease shall be effective, unless such waiver be in writing signed by Landlord. This lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentconcerned. Tenant shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily premises, for any reason, including as the result of construction on any property of which the premises are not a part of by Landlord's own acts. Notwithstanding anything contained herein to the extent required contrary, Landlord and Tenant agree that if seventy (70%) percent or more of the windows located in the Premises are brickened up in excess of thirty (30) days, then, and in such event, Tenant may elect to comply with Applicable Laws or cancel this Lease upon giving written notice to perform Landlord within fifteen (15) days after the end of such thirty (30) day period and the term of this Lease shall expire on the date set forth therein which shall be not less than fifteen (15) days after the date such notice is given (the "Cancellation Date") provided that Landlord does not substantially restore any repairs, maintenance, alterations, or improvements such brickening prior to the BuildingCancellation Date.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of TenantTxxxxx’s claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord’s option a “late charge” shall become due and payable to Landlord, as Additional Rent, from the date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate, limited liability company or governmental entity lessees the late charge shall be computed at five percent (5%) per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such waiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant Txxxxx made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment. Tenant shall comply with the rules and regulations contained in this Lease a copy of which are attached hereto as Exhibit GLease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises temporarily to the extent required to comply with Applicable Laws are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Landlord’s own acts.

No Waiver, etc. 25.01 No act or omission of Landlord Lessor or its agents shall constitute an actual or constructive eviction, unless Landlord Lessor shall have first received written notice of Tenant’s Lessee's claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Lessee to Lessor shall become overdue for a period in excess of ten (10) days, then at Lessor's option a "late charge" for such period and for each additional period of twenty (20) days or any part thereof shall become immediately due and owing to Lessor, as additional rent by reason of the failure of Lessee to make prompt payment, at the following rates: for individual and partnership Lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Lessees the late charge shall be computed at two percent (2%) per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord Lessor or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by LandlordLessor. The delivery or acceptance of keys to Landlord Lessor or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord Lessor of less than the Rent rent herein provided shall at Landlord’s Lessor's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to LandlordLessor. No waiver of any provision of this Lease lease shall be effective, unless such waiver be in writing signed by Lessor. This lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be chargedconcerned. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment. Tenant Lessee shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord Lessor shall not be liable to Tenant Lessee for the violation of such rules and regulations by any other tenant. Failure of Landlord Lessor to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, lease or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord Lessor in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to premises, for any reason, including as the extent required to comply with Applicable Laws result of construction on any property of which the premises are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Lessor's own acts.

No Waiver, etc. 25.01 28.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity agreement to meet such claim. [***]. No act or omission of Landlord or its agents shall constitute an acceptance of accept a surrender of the Premises, except a this Lease shall be valid unless in writing signed by Landlord. No employee of Landlord or of Landlord's agents shall have any power to accept the keys of said premises prior to the termination of this Lease. The delivery or acceptance of keys to any employee of Landlord or its agents of Landlord's agent shall not constitute operate as a termination of this Lease or a surrender of the Premisespremises. Acceptance In the event of Tenant at any time desiring to have Landlord sublet the premises for Tenant's account, Landlord or Landlord's agents are authorized to receive said keys for such purpose without releasing Tenant from any of the obligations under this Lease. The failure of Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease or any of the Rules and Regulations set forth herein, or hereafter adopted by Landlord, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of less than rent with knowledge of the Rent herein provided breach of any covenant of this Lease shall at Landlord’s option not be deemed on account a waiver of earliest Rent remaining unpaidsuch breach. No endorsement on The failure of Landlord to enforce any checkof the Rules and Regulations set forth herein, or letter accompanying Renthereafter adopted, against Tenant and/or any other tenant in the building project shall not be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No a waiver of any such Rules and Regulations. No provision of this Lease shall be effectivedeemed to have been waived by Landlord, unless such waiver be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the party monthly rent herein stipulated shall be deemed to be charged. In no event shall Tenant be entitled to makeother than on account of the earliest stipulated rent, nor shall Tenant make any claimendorsement or statement on any check or any letter accompanying any check or payment of rent be deemed an accord and satisfaction, and Tenant hereby waives Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole other remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment. Tenant shall comply with the rules and regulations contained in this Lease a copy of which are attached hereto as Exhibit Gprovided. 28.02 This Lease contains the entire agreement between the parties, and any reasonable modifications thereof executory agreement hereafter made shall be ineffective to change, modify, discharge or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (effect an abandonment of it being agreed that in whole or in part unless such rules executory agreement is in writing and regulations shall not be applied in a manner that signed by the party against whom enforcement of the change, modification, discharge or abandonment is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control). Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to the extent required to comply with Applicable Laws or to perform any repairs, maintenance, alterations, or improvements to the Buildingsought.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made at the following rates: for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants, the late charge shall be computed at two (2%) percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, effective unless such waiver be in writing signed by Landlord. This Lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentconcerned. Tenant shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit GLease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)therefore. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises temporarily are not a part or by Landlord's own acts. Notwithstanding anything contained herein to the extent required contrary, Landlord and Tenant agree that if seventy (70%) percent or more of the windows located in the Premises are brickened up in excess of thirty (30) days, then, and in such event, Tenant may elect to comply with Applicable Laws or cancel this Lease upon giving written notice to perform any repairs, maintenance, alterations, or improvements Landlord within fifteen (15) days after the end of such thirty (30) day period and the term of this Lease shall expire on the date set forth herein which shall be not less than fifteen (15) days after the date such notice is given (the "Cancellation Date") provided that Landlord does not substantially restore such brickening prior to the BuildingCancellation Date.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made at the following rates: for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants the late charge shall be computed at one point twenty-five percent (1.25%) per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease lease shall be effective, unless such waiver be in writing signed by Landlord. This lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentconcerned. Tenant shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to premises, for any reason, including as the extent required to comply with Applicable Laws result of construction on any property of which the premises are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Landlord's own acts.

No Waiver, etc. 25.01 28.1 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity agreement to meet such claim. [***]. No act or omission of Landlord or its agents shall constitute an acceptance of accept a surrender of the Premises, except a this Lease shall be valid unless in writing signed by Landlord. No employee of Landlord or of Landlord's agents shall have any power to accept the keys of said premises prior to the termination of this Lease. The delivery or acceptance of keys to any employee of Landlord or its agents of Landlord's agent shall not constitute operate as a termination of this Lease or a surrender of the Premisespremises. Acceptance In the event of Tenant at any time desiring to have Landlord sublet the premises for Tenant's account, Landlord or Landlord's agents are authorized to receive said keys for such purpose without releasing Tenant from any of the obligations under this Lease. The failure of Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease or any of the Rules and Regulations set forth herein, or hereafter adopted by Landlord, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of less than rent with knowledge of the Rent herein provided breach of any covenant of this Lease shall at Landlord’s option not be deemed on account a waiver of earliest Rent remaining unpaidsuch breach. No endorsement on The failure of Landlord to enforce any checkof the Rules and Regulations set forth herein, or letter accompanying Renthereafter adopted, against Tenant and/or any other tenant in the building project shall not be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No a waiver of any such Rules and Regulations. No provision of this Lease shall be effectivedeemed to have been waived by Landlord, unless such waiver be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the party monthly rent herein stipulated shall be deemed to be charged. In no event shall Tenant be entitled to makeother than on account of the earliest stipulated rent, nor shall Tenant make any claimendorsement or statement on any check or any letter accompanying any check or payment of rent be deemed an accord and satisfaction, and Tenant hereby waives Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole other remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment. Tenant shall comply with the rules and regulations contained in this Lease a copy of which are attached hereto as Exhibit Gprovided. 28.2 This Lease contains the entire agreement between the parties, and any reasonable modifications thereof executory agreement hereafter made shall be ineffective to change, modify, discharge or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (effect an abandonment of it being agreed that in whole or in part unless such rules executory agreement is in writing and regulations shall not be applied in a manner that signed by the party against whom enforcement of the change, modification, discharge or abandonment is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control). Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to the extent required to comply with Applicable Laws or to perform any repairs, maintenance, alterations, or improvements to the Buildingsought.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. [***]Unless otherwise expressly set forth in this Lease to the contrary, in the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then Tenant shall pay to Landlord, as Additional Rent, from the date it was due until payment is made, interest on the overdue amount at the Interest Rate. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of the earliest Rent remaining unpaid. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. . 25.02 No waiver of any provision of this Lease by either party shall be effective, unless such waiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this LeaseLease except if it is finally determined by a court of competent jurisdiction that Landlord acted in bad faith in connection with such consent or approval request. Subject to the immediately preceding sentence with respect to Tenant’s sole remedy ability to seek money damages from a court of competent jurisdiction if Landlord acted in bad faith, any dispute as to the reasonableness of any denial or withholding of Landlord’s consent or approval to any request by Tenant made under a provision of this Lease shall be an action resolved by expedited arbitration pursuant to Article 51 and, upon final determination in accordance therewith that Landlord has unreasonably denied or proceeding withheld its consent or approval to enforce any such provisiona request by Tenant, or for specific performance or declaratory judgment. Landlord’s consent with respect thereto shall be deemed to have been given. 25.03 Tenant shall comply with the rules and regulations contained in this Lease a copy of which are attached annexed hereto as Exhibit GC, and any reasonable modifications thereof or additions thereto that of which Landlord hereafter adopts from time has given Tenant reasonable prior notice (the “Rules and Regulations”). Any dispute as to time on reasonable advance notice the reasonableness of any such modifications or additions to Tenant (it being agreed that such rules the Rules and regulations Regulations shall not be applied in a manner that is discriminatory resolved by expedited arbitration pursuant to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)Article 51. Landlord shall not be liable to Tenant for the violation of such rules Rules and regulations Regulations by any other tenant; provided, however, Landlord shall enforce the Rules and Regulations against all tenants in the Building in a non-discriminatory manner (subject to the terms of any other tenant’s lease). Failure of Landlord or Tenant to enforce any provision of this Lease, or any rule Rule or regulationRegulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule Rule or regulationRegulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises temporarily to the extent are not a part or by Landlord’s own acts; provided, however, Landlord shall not voluntarily (i.e., if not required to comply with by Applicable Laws or in connection with any required repairs or replacements to the Building) permanently close, darken or brick up the windows of the Premises and Landlord shall use commercially reasonable efforts to minimize any temporary closing, darkening or bricking up of the windows (provided that Landlord shall not be required to perform any repairssuch work on an overtime or premium-pay basis unless Tenant shall have agreed to pay the costs to perform such work on an overtime or premium-pay basis). Unless required by Applicable Laws, maintenance, alterations, Landlord shall not permit advertising by any third-party that is not a tenant or improvements to occupant of the Building on any scaffolding erected by Landlord on the outside of the Building.

No Waiver, etc. 25.01 No act or omission of Landlord Lessor or its agents shall constitute an actual or constructive eviction, unless Landlord Lessor shall have first received written notice of Tenant’s Lessee's claim and shall have had a reasonable opportunity to meet such claim. [***]IN the event that any payment herein provided for by Lessee to Lessor shall become overdue for a period in excess of ten (10) days, then at Lessor's option a "late charge" for such period and for each additional period of twenty (20) days or any part thereof shall become immediately due and owing to Lessor, as additional rent by reason of the failure of Lessee to make prompt payment, at the following rates: for individual and partnership Lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord Lessor or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by LandlordLessor. The delivery or acceptance of keys to Landlord Lessor or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord Lessor of less than the Rent rent herein provided shall at Landlord’s Lessor's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to LandlordLessor. No waiver of any provision of this Lease lease shall be effective, unless such waiver be in writing signed by Lessor. This lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be chargedconcerned. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment. Tenant Lessee shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord Lessor shall not be liable to Tenant Lessee for the violation of such rules and regulations by any other tenant. Failure of Landlord Lessor to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord Lessor in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to premises, for any reason, including as the extent required to comply with Applicable Laws result of construction on any property of which the premises are not a part or to perform any repairs, maintenance, alterations, or improvements to the Buildingby Lessor's own acts.

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s 's claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the date it was due until payment is made at the following rates: for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premisespremises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease lease or a surrender of the Premisespremises. Acceptance by Landlord of less than the Rent rent herein provided shall at Landlord’s 's option be deemed on account of earliest Rent rent remaining unpaid. No endorsement on any check, or letter accompanying Rentrent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease lease shall be effective, . unless such waiver be in writing signed by Landlord. This lease contains the entire agreement between the parties, and no modification thereof shall be binding unless in writing and signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgmentconcerned. Tenant shall comply with the rules and regulations contained printed in this Lease a copy of which are attached hereto as Exhibit Glease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. tenant Failure of Landlord to enforce any provision of this Leaselease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Leaselease, or any rule or regulation. This Lease lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises temporarily to premises, for any reason, including as the extent required to comply with Applicable Laws result of construction on any property of which the premises are not a part or to perform any repairs, maintenance, alterations, or improvements to the Building.by Landlord's own acts.27A

No Waiver, etc. 25.01 No act or omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. [***]In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord’s option a “late charge” shall become due and payable to Landlord, as Additional Rent, from the date it was due until payment is made, at the interest rate equal to the lesser of (x) maximum legal rate of interest per annum and 10% per annum. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such waiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance or declaratory judgment. Tenant shall comply with the rules and regulations contained in this Lease a copy of which are attached hereto as Exhibit GLease, and any reasonable modifications thereof or additions thereto that Landlord hereafter adopts from time to time on reasonable advance notice to Tenant (it being agreed that such rules and regulations shall not be applied in a manner that is discriminatory to Tenant and, in the event of a conflict between such rules and regulations and this Lease, this Lease shall control)thereto. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant, provided that Landlord shall, subject to the terms and conditions of another tenant’s lease or occupancy agreement, enforce such rules and regulations in a non­discriminatory manner amongst all tenants in the Building. In the event of any conflict between the rules and regulations and the terms of this Lease, the terms of this Lease shall control. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, obstructing, darkening or bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises temporarily are not a part or by Landlord’s own acts, but Landlord shall use commercially reasonable efforts to avoid any such permanent blocking or bricking of the extent required to comply with Applicable Laws or to perform any repairs, maintenance, alterations, or improvements to the Buildingwindows.