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0) Time is of the essence in the performance of each party's respective obligations. <br />(lc) This Lease may be executed simultaneously in one or more counterparts, each of <br />which shall be deemed an original, but all of which taken together shall constitute one in the <br />same instrument, and it shall not be necessary that any single counterpart bear the signatures of <br />all parties. <br />(1) Unless expressly stated to be exclusive, no remedy conferred herein shall be <br />deemed to be exclusive of any other remedy conferred herein or any other remedy now or <br />hereafter available at law or equity. All remedies conferred herein, and all remedies now or <br />hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and <br />may be enforced concurrently or successively. <br />(m) All provisions of this Lease shall be construed as covenants and agreements <br />where used in each separate provision hereof and shall bind and inure to the benefit of the parties <br />hereto, their respective heirs, legal representatives, successors and assigns. <br />(n) All periods of time shall include Saturdays, Sundays and legal holidays; provided <br />that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, <br />then such act or notice shall be timely performed if given on the next succeeding business day. <br />(o) Nothing contained in this Lease shall be deemed or construed by the parties <br />hereto or by any third party to create the relationship of principal and agent or of partnership or <br />of joint venture or of any association between Landlord and Tenant, and no provision contained <br />in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between <br />Landlord and Tenant other than the relationship of landlord and tenant. <br />(p). THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, <br />PROCEEDING, OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY <br />OTHER PARTY, ARISING FROM OR RELATING TO THE SUBJECT MATTER HEREOF. <br />THE PARTIES HERETO WAIVE ANY RIGHT TO ANY PUNITIVE DAMAGES, AND <br />EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO SUCH DAMAGES. <br />25, LANDLORD'S REPRESENTATIONS: Landlord hereby covenants, warrants and <br />represents to Tenant that: <br />(a) Landlord has the sole right, legal power and authority to enter into this Lease. <br />(b) All required actions have been taken and satisfied by Landlord to authorize the <br />execution and performance of this Lease. No other proceedings or actions on the part of <br />Landlord are necessary to authorize this Lease or to carry out the transactions contemplated <br />hereby. This Agreement constitutes the legal, valid and binding obligation of Landlord <br />enforceable against Landlord in accordance with its terms. <br />(c) The individual(s) executing this Lease, on behalf of Landlord, has (or have) the <br />full right, legal power acid actual authority to bind Landlord to the terms and conditions hereof. <br />10 <br />