AT
ANY TIME DESIRING TO HAVE LANDLORD SUBLET THE DEMISED 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 EITHER PARTY 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 RENT WITH KNOWLEDGE OF THE BREACH OF ANY
COVENANT OF THIS LEASE SHALL NOT BE DEEMED A WAIVER OF SUCH BREACH.
THE FAILURE
OF LANDLORD TO ENFORCE ANY OF THE RULES AND REGULATIONS SET FORTH HEREIN, OR
HEREAFTER ADOPTED, AGAINST TENANT AND/OR ANY OTHER TENANT IN THE BUILDING SHALL
NOT BE DEEMED A WAIVER OF ANY SUCH RULES AND REGULATIONS.
NO PROVISION OF THIS
LEASE SHALL BE DEEMED 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 MONTHLY RENT HEREIN STIPULATED SHALL BE DEEMED TO BE
OTHER THAN ON THE ACCOUNT OF THE EARLIEST STIPULATED RENT, NOR SHALL ANY
ENDORSEMENT OR PAYMENT OF 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 RENT OR PURSUE ANY OTHER REMEDY IN THIS LEASE
PROVIDED.
32.02
THIS LEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES,
AND ANY EXECUTORY AGREEMENT HEREAFTER MADE SHALL BE INEFFECTIVE TO CHANGE,
MODIFY, DISCHARGE OR EFFECT AN ABANDONMENT OF IT IN WHOLE OR IN PART UNLESS SUCH
EXECUTORY AGREEMENT IS IN WRITING AND SIGNED BY THE PARTY AGAINST WHOM
ENFORCEMENT OF THE CHANGE, MODIFICATION, DISCHARGE OR ABANDONMENT IS SOUGHT.
ARTICLE 33
CAPTIONS
33.01
THE CAPTIONS ARE INSERTED ONLY AS A MATTER OF CONVENIENCE AND
FOR REFERENCE, AND IN NO WAY DEFINE, LIMIT OR DESCRIBE THE SCOPE OF THIS LEASE
NOR THE INTENT OF ANY PROVISION THEREOF.
42
ARTICLE 34
INABILITY TO PERFORM
34.01
IF, BY REASON OF (1) STRIKE, (2) LABOR TROUBLES,
(3) GOVERNMENTAL PREEMPTION IN CONNECTION WITH A NATIONAL EMERGENCY, (4) ANY
RULE, ORDER OR REGULATION OF ANY GOVERNMENTAL AGENCY, (5) CONDITIONS OF SUPPLY
OR DEMAND WHICH ARE AFFECTED BY WAR OR OTHER NATIONAL, STATE OR MUNICIPAL
EMERGENCY, OR ANY OTHER CAUSE OR (6) ANY CAUSE BEYOND SUCH PARTY'S REASONABLE
CONTROL, SUCH PARTY SHALL BE UNABLE TO FULFILL ITS OBLIGATIONS UNDER THIS LEASE,
SUCH PARTY SHALL HAVE NO LIABILITY IN CONNECTION THEREWITH AND THIS LEASE, BUT
IN NO EVENT SHALL THE FOREGOING EXCUSE OR PERMIT THE DELAY OF PAYMENT OF ANY SUM
DUE HEREUNDER.
ARTICLE 35
NO REPRESENTATIONS BY LANDLORD
35.01
LANDLORD OR LANDLORD'S AGENTS HAVE MADE NO REPRESENTATIONS OR
PROMISES WITH RESPECT TO THE BUILDING OR DEMISED PREMISES EXCEPT AS HEREIN