SUCH AN EXCESSIVE AMOUNT, THEN, IPSO FACTO, THE AMOUNT WHICH WOULD BE
EXCESSIVE SHALL BE APPLIED TO THE REDUCTION OF THE INSTALLMENT(S) OF MINIMUM
RENT NEXT DUE AND NOT TO THE PAYMENT OF SUCH EXCESSIVE AMOUNT.
THIS PROVISION
SHALL CONTROL EVERY OTHER PROVISION OF THIS AGREEMENT AND ANY OTHER AGREEMENTS
BETWEEN LANDLORD AND TENANT.
23.2
NO WAIVER.
NO FAILURE BY LANDLORD OR TENANT TO INSIST UPON THE STRICT
PERFORMANCE OF ANY TERM HEREOF OR TO EXERCISE ANY RIGHT, POWER OR REMEDY
CONSEQUENT UPON A BREACH THEREOF, AND NO ACCEPTANCE OF FULL OR PARTIAL PAYMENT
OF RENT DURING THE CONTINUANCE OF ANY SUCH BREACH, SHALL CONSTITUTE A WAIVER OF
ANY SUCH BREACH OR OF ANY SUCH TERM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO
WAIVER OF ANY BREACH SHALL AFFECT OR ALTER THIS AGREEMENT, WHICH SHALL CONTINUE
IN FULL FORCE AND EFFECT WITH RESPECT TO ANY OTHER THEN EXISTING OR SUBSEQUENT
BREACH.
23.3
REMEDIES CUMULATIVE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH LEGAL,
EQUITABLE OR CONTRACTUAL RIGHT, POWER AND REMEDY OF LANDLORD OR TENANT, NOW OR
HEREAFTER PROVIDED EITHER IN THIS AGREEMENT OR BY STATUTE OR OTHERWISE, SHALL BE
CUMULATIVE AND CONCURRENT AND SHALL BE IN ADDITION TO EVERY OTHER RIGHT, POWER
AND REMEDY AND THE EXERCISE OR BEGINNING OF THE EXERCISE BY LANDLORD OR TENANT
(AS APPLICABLE) OF ANY ONE OR MORE OF SUCH RIGHTS, POWERS AND REMEDIES SHALL NOT
PRECLUDE THE
67
SIMULTANEOUS OR SUBSEQUENT EXERCISE BY LANDLORD OF ANY OR ALL OF SUCH OTHER
RIGHTS, POWERS AND REMEDIES.
23.4
SEVERABILITY.
ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PROVISION OF
THIS AGREEMENT HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, ILLEGAL
OR INEFFECTIVE SHALL NOT IMPAIR, INVALIDATE OR NULLIFY THE REMAINDER OF THIS
AGREEMENT, BUT RATHER THE EFFECT THEREOF SHALL BE CONFINED TO THE CLAUSE,
SENTENCE, PARAGRAPH, SECTION OR PROVISION SO HELD TO BE INVALID, ILLEGAL OR
INEFFECTIVE, AND THIS AGREEMENT SHALL BE CONSTRUED AS IF SUCH INVALID, ILLEGAL
OR INEFFECTIVE PROVISIONS HAD NEVER BEEN CONTAINED THEREIN.
23.5
ACCEPTANCE OF SURRENDER.
NO SURRENDER TO LANDLORD OF THIS AGREEMENT OR OF
THE LEASED PROPERTY OR ANY PART THEREOF, OR OF ANY INTEREST THEREIN, SHALL BE
VALID OR EFFECTIVE UNLESS AGREED TO AND ACCEPTED IN WRITING BY LANDLORD AND NO
ACT BY LANDLORD OR ANY REPRESENTATIVE OR AGENT OF LANDLORD, OTHER THAN SUCH A
WRITTEN ACCEPTANCE BY LANDLORD, SHALL CONSTITUTE AN ACCEPTANCE OF ANY SUCH
SURRENDER.
23.6
NO MERGER OF TITLE.
IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT IT IS
THE INTENT OF THE PARTIES THAT THERE SHALL BE NO MERGER OF THIS AGREEMENT OR OF
THE LEASEHOLD ESTATE CREATED HEREBY BY REASON OF THE FACT THAT THE SAME PERSON
MAY ACQUIRE, OWN OR HOLD, DIRECTLY OR INDIRECTLY, THIS AGREEMENT OR THE
LEASEHOLD ESTATE CREATED HEREBY AND THE FEE ESTATE OR GROUND LANDLORD'S INTEREST
IN THE LEASED PROPERTY.
23.7
CONVEYANCE BY LANDLORD.
IF LANDLORD OR ANY SUCCESSOR OWNER OF ALL OR ANY
PORTION OF THE LEASED PROPERTY SHALL CONVEY ALL OR ANY PORTION OF THE LEASED
PROPERTY