THE
DEMISED TERM IN ACCORDANCE WITH THE TERMS HEREOF, OR IN THE EVENT OF ENTRY OF
JUDGMENT FOR THE RECOVERY OF THE POSSESSION OF THE DEMISED PREMISES AND THE
IMPROVEMENTS IN ANY ACTION OR PROCEEDING, OR IF LESSOR SHALL ENTER THE DEMISED
PREMISES AND THE IMPROVEMENTS BY PROCESS OF LAW OR OTHERWISE, HEREBY WAIVES ANY
RIGHT OF REDEMPTION PROVIDED OR PERMITTED BY ANY LAW OR DECISION NOW OR
HEREAFTER IN FORCE, AND DOES HEREBY WAIVE, SURRENDER AND GIVE UP ALL RIGHTS OR
PRIVILEGES WHICH LESSEE MAY OR MIGHT HAVE UNDER AND BY REASON OF ANY PRESENT OR
FUTURE STATUTE, LAW OR DECISION, TO REDEEM THE DEMISED PREMISES AND THE
IMPROVEMENTS OR FOR A CONTINUATION OF THIS LEASE FOR THE TERM HEREBY DEMISED
AFTER HAVING BEEN DISPOSSESSED OR EJECTED THEREFROM BY PROCESS OF LAW, OR
OTHERWISE. LESSEE WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY SUMMARY OR OTHER
JUDICIAL PROCEEDINGS HEREAFTER INSTITUTED BY LESSOR AGAINST LESSEE IN RESPECT TO
THE DEMISED PREMISES AND THE IMPROVEMENTS. THE WORDS "REENTRY" AND "RE-ENTER" AS
USED IN THIS LEASE SHALL NOT BE CONSTRUED AS LIMITED TO THEIR STRICT LEGAL
MEANING.
SECTION 13.05.
ANYTHING IN THIS ARTICLE THIRTEEN TO THE CONTRARY
NOTWITHSTANDING, IT IS EXPRESSLY UNDERSTOOD THAT, WITH RESPECT TO ANY EVENT OF
DEFAULT WITHIN THE PURVIEW OF SUBDIVISION (VI) OF SECTION 13.01 HEREOF, IF SUCH
EVENT OF DEFAULT IS OF SUCH A NATURE THAT IT CANNOT, WITH DUE DILIGENCE, BE
CURED WITHIN A PERIOD OF THIRTY (30) DAYS, LESSOR SHALL NOT BE ENTITLED TO
RE-ENTER THE DEMISED PREMISES AND THE IMPROVEMENTS OR SERVE A NOTICE OF
TERMINATION UPON LESSEE, AS PROVIDED IN SAID SECTION 13.01, NOR SHALL THE SAME
BE REGARDED AS AN EVENT OF DEFAULT FOR ANY OF THE PURPOSES OF THIS LEASE, IF
LESSEE SHALL HAVE COMMENCED THE CURING OF SUCH DEFAULT WITHIN THE PERIOD OF
THIRTY (30) DAYS REFERRED TO IN SAID SUBDIVISION (VI), AND SO LONG AS LESSEE
SHALL THEREAFTER PROCEED WITH ALL DUE DILIGENCE TO COMPLETE THE CURING OF SUCH
DEFAULT NOT SUSCEPTIBLE OF BEING CURED WITH DUE DILIGENCE WITHIN THIRTY (30)
DAYS, AND THE TIME OF LESSEE WITHIN WHICH TO CURE THE SAME SHALL BE EXTENDED FOR
SUCH PERIOD AS MAY BE NECESSARY TO COMPLETE THE SAME WITH ALL DUE DILIGENCE.
19
ARTICLE FOURTEEN
CUMULATIVE REMEDIES-WAIVER-ORAL CHANGE
SECTION 14.01.
THE SPECIFIED REMEDIES TO WHICH LESSOR MAY RESORT UNDER
THE TERMS OF THIS LEASE ARE CUMULATIVE AND ARE NOT INTENDED TO BE EXCLUSIVE OF
ANY OTHER REMEDIES OR MEANS OF REDRESS TO WHICH LESSOR MAY BE LAWFULLY ENTITLED
IN CASE OF ANY BREACH OR THREATENED BREACH BY LESSEE OF ANY PROVISION OF THIS
LEASE.
SECTION 14.02.
THE FAILURE OF LESSOR TO INSIST IN ANY ONE OR MORE CASES
UPON THE STRICT PERFORMANCE OF ANY OF THE TERMS, COVENANTS, CONDITIONS,
PROVISIONS OR AGREEMENTS OF THIS LEASE OR TO EXERCISE ANY OPTION HEREIN
CONTAINED SHALL NOT BE CONSTRUED AS A WAIVER OR A RELINQUISHMENT FOR THE FUTURE
OF ANY SUCH TERM, COVENANT, CONDITION, PROVISION, AGREEMENT OR OPTION. A RECEIPT
AND