ABOVE IN THIS SECTION 24.03, LANDLORD SHALL BE ENTITLED IMMEDIATELY,
WITHOUT NOTICE OR OTHER ACTION BY LANDLORD, TO RECOVER, AND TENANT SHALL PAY, AS
AND FOR LIQUIDATED DAMAGES THEREFOR, THE COST OF PERFORMING SUCH COVENANT (AS
ESTIMATED BY AN INDEPENDENT CONTRACTOR SELECTED BY LANDLORD).
24.04
IN ADDITION TO ANY OTHER REMEDIES LANDLORD MAY HAVE
UNDER THIS LEASE, AND WITHOUT REDUCING OR ADVERSELY AFFECTING ANY OF LANDLORD'S
RIGHTS AND REMEDIES UNDER ARTICLE 22, IF ANY FIXED RENT, ADDITIONAL CHARGES OR
DAMAGES PAYABLE HEREUNDER BY TENANT TO LANDLORD ARE NOT PAID WITHIN SEVEN
(7) DAYS AFTER THE DUE DATE THEREOF, THE SAME SHALL BEAR INTEREST AT THE RATE OF
ONE AND ONE-HALF (1 1⁄2%) PERCENT PER MONTH OR THE MAXIMUM RATE PERMITTED
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BY LAW, WHICHEVER IS LESS, FROM THE DUE DATE THEREOF UNTIL PAID, AND THE AMOUNT
OF SUCH INTEREST SHALL BE AN ADDITIONAL CHARGE HEREUNDER.
FOR THE PURPOSES OF
THIS SECTION 24.04, A RENT BILL SENT BY FIRST CLASS MAIL, TO THE ADDRESS TO
WHICH NOTICES ARE TO BE GIVEN UNDER THIS LEASE, SHALL BE DEEMED A PROPER DEMAND
FOR THE PAYMENT OF THE AMOUNTS SET FORTH THEREIN (BUT NOTHING CONTAINED HEREIN
SHALL BE DEEMED TO REQUIRE LANDLORD TO SEND ANY RENT BILL OR OTHERWISE MAKE ANY
DEMAND FOR THE PAYMENT OF RENT EXCEPT IN THOSE CASES, IF ANY, EXPLICITLY
PROVIDED FOR IN THIS LEASE).
ARTICLE 25
AFFIRMATIVE WAIVERS
25.01
TENANT, ON BEHALF OF ITSELF AND ANY AND ALL PERSONS
CLAIMING THROUGH OR UNDER TENANT, DOES HEREBY WAIVE AND SURRENDER ALL RIGHT AND
PRIVILEGE WHICH IT, THEY OR ANY OF THEM MIGHT HAVE UNDER OR BY REASON OF ANY
PRESENT OR FUTURE LAW, TO REDEEM THE PREMISES OR TO HAVE A CONTINUANCE OF THIS
LEASE AFTER BEING DISPOSSESSED OR EJECTED THEREFROM BY PROCESS OF LAW OR UNDER
THE TERMS OF THIS LEASE OR AFTER THE TERMINATION OF THIS LEASE AS PROVIDED IN
THIS LEASE.
25.02
IF TENANT IS IN ARREARS IN PAYMENT OF FIXED RENT OR
ADDITIONAL CHARGES, TENANT WAIVES TENANT'S RIGHT, IF ANY, TO DESIGNATE THE ITEMS
TO WHICH ANY PAYMENTS MADE BY TENANT ARE TO BE CREDITED, AND TENANT AGREES THAT
LANDLORD MAY APPLY ANY PAYMENTS MADE BY TENANT TO SUCH ITEMS AS LANDLORD SEES
FIT, IRRESPECTIVE OF AND NOTWITHSTANDING ANY DESIGNATION OR REQUEST BY TENANT AS
TO THE ITEMS WHICH ANY SUCH PAYMENTS SHALL BE CREDITED.
25.03
LANDLORD AND TENANT HEREBY WAIVE TRIAL BY JURY IN ANY
ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER AGAINST THE OTHER ON ANY
MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE
RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES,
INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF INJURY OR DAMAGE, AND ANY EMERGENCY
AND OTHER STATUTORY REMEDY WITH RESPECT THERETO.
25.04
TENANT SHALL NOT INTERPOSE ANY COUNTERCLAIM OF ANY
KIND IN ANY ACTION OR PROCEEDING COMMENCED BY LANDLORD TO RECOVER POSSESSION OF
THE PREMISES (OTHER THAN COMPULSORY COUNTERCLAIMS).
ARTICLE 26
NO WAIVERS
26.01
THE FAILURE OF EITHER PARTY TO INSIST IN ANY