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keep this security deposit separate from its general funds, and Tenant shall not be entitled to interest on the deposit. If
<br />Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any
<br />balance thereof shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at
<br />the expiration of the Term.
<br />
<br />ARTICLE XXIV. MISCELLANEOUS
<br />
<br /> SECTION 24.1 WAIVER. One or more waivers of any covenant or condition by Landlord shall not be
<br />construed as a waiver of a subsequent breach of the same covenant or condition, and the consent or approval by Landlord
<br />to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to render unnecessary Landlord's
<br />consent or approval to or of any subsequent similar act by Tenant. No breach by Tenant ora covenant or condition of this
<br />Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord. The rights
<br />and remedies of Landlord under this Lease shall be cumulative and in addition to any and all other rights and remedies
<br />which Landlord has or may have.
<br />
<br /> SECTION 24.2 ENTIRE AGREEMENT. This Lease and the exhibits hereto cover in full each and every
<br />agreement of every kind or nature whatsoever between the parties hereto concerning the Premises and the ~
<br />Center, and all previous representations, preliminary negotiations and agreements of whatsoever kind with respect to the
<br />Premises or the ~ Center, except those contained herein, are superseded and of no further force or effect; no
<br />person, firm or corporation has at any time any authority from Landlord to make any representations or promises on behalf
<br />of Landlord, and Tenant expressly agrees that if any such representations or promises have been made, Tenant hereby
<br />waives all right to rely thereon unless they are specifically included in this lease agreement in writing. No verbal
<br />agreement or implied covenant shall be held to vary the provisions hereof, any statute, law, or custom to the contrary
<br />notwithstanding. Specifically, the Tenant agrees and hereby represents as follows: (a) there have been no agreements,
<br />representations by Landlord, its agents, representatives or employees, as to obligations incurred or undertaken by Landlord
<br />to obtain or maintain a particular tenant, group of tenants or tenant mix in the~Center, and (b) that Landlord has
<br />made no representations or warranties as an inducement upon which Tenant has relied in determining whether to enter into
<br />this Lease, as to traffic flow, traffic patterns or the economic viability of the Premises or of the potential profit which
<br />Tenant may receive as a result of entering into this Lease. No provision of this Lease may be amended or added to except
<br />by an agreement in writing signed by Landlord and Tenant or their respective successors.
<br />
<br /> SECTION 24.3 RELATIONSHIP OF PARTIES; USE OF PRONOUN. Nothing contained herein shall be
<br />deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of
<br />partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of
<br />computation of rent, nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to create
<br />any relationship between the parties hereto other than the relationship of Landlord and Tenant. Whenever the singular
<br />number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders.
<br />
<br /> SECTION 24.4 DELAYS. In the event that either party hereto shall be delayed or hindered in or prevented
<br />from the performance of any work or in performing any act required hereunder by reason of: strikes; lockouts; labor
<br />troubles; inability to procure materials, labor or energy; failure of power; disruption, reduction, interruption, curtailment or
<br />failure of utility, solid waste disposal or other services; restrictive governmental laws or regulations; voluntary or
<br />involuntary participation, at the request of a governmental agency or otherwise, in any plan or program involving
<br />allocations, priorities, limitations or restraints regarding water, fuel or other energy, or otherwise; riots; insurrection; war;
<br />fires; floods; earthquakes; storms; droughts; other acts of God; or any other reason of a similar or dissimilar nature not the
<br />fault of the party delayed in performing excused for the period of the delay, and the period for the performance of any
<br />work or the doing of such act shall be extended for a period equivalent to the period of the delay. Further, neither (a)
<br />Landlord's reduction of heat, light, power, air conditioning, or any other services whatsoever to the ~Center
<br />because of any similar or dissimilar event constituting a cause for excusable delay hereunder nor (b) the occurrence of any
<br />event constituting a cause for excusable delay, shall relieve Tenant from its obligations under Article VI of this Lease.
<br />The provisions of this Section shall not operate to excuse Tenant from prompt payment of Minimum Rent, Percentage
<br />Rent or any other payments required by the terms of this Lease.
<br />
<br /> SECTION 24.5 NOTICES. Any notice required or permitted to be given hereunder shall be in writing and
<br />may be served personally or by mail; if served by mail it shall be addressed as specified in the Basic Lease Provisions.
<br />Any notice so given by mail shall be deemed received forty-eight (48) hours after being deposited in the United States
<br />mail registered or certified, postage prepaid and addressed as specified above. Either party may by written notice to the
<br />other specify a different address for notice purposes.
<br />
<br /> SECTION 24.6 CAPTIONS AND SECTION NUMBERS. The captions, section numbers, article numbers,
<br />and index appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or
<br />describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
<br />
<br /> SECTION 24.7 BROKER'S COMMISSION. Tenant warrants that it has had no dealings with any real estate
<br />broker or agent in connection with the negotiation of this Lease except as specifically stated to the contrary in Item I l of
<br />the Basic Lease Provisions. Tenant agrees to indemnify Landlord and hold it harmless from all liabilities arising fi.om any
<br />claim by any other broker or finder allegedly representing Tenant, including, without limitation, the cost of attorneys' fees
<br />in connection therewith. Such agreement shall survive the termination of this Lease.
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