DELIVERY BY OVERNIGHT DELIVERY FEDERAL
EXPRESS/AIRBORNE/UNITED PARCEL SERVICE/DHL WORLDWIDE EXPRESS WITH CHARGES
PREPAID OR CHARGED TO THE SENDER'S ACCOUNT, NOTICE IS EFFECTIVE ON DELIVERY IF
DELIVERY IS CONFIRMED BY THE DELIVERY SERVICE.
(C)
REFUSED, UNCLAIMED OR UNDELIVERABLE NOTICES.
ANY CORRECTLY
ADDRESSED NOTICE THAT IS REFUSED, UNCLAIMED, OR UNDELIVERABLE BECAUSE OF AN ACT
OR OMISSION OF THE PARTY TO BE NOTIFIED SHALL BE CONSIDERED TO BE EFFECTIVE AS
OF THE FIRST DATE THAT THE NOTICE WAS REFUSED, UNCLAIMED, OR CONSIDERED
UNDELIVERABLE BY THE POSTAL AUTHORITIES, MESSENGER, OR OVERNIGHT DELIVERY
SERVICE.
SECTION 17.07.
WAIVERS.
NO WAIVER OF ANY PROVISION HEREOF SHALL BE
DEEMED A WAIVER OF ANY OTHER PROVISION HEREOF OR OF ANY SUBSEQUENT BREACH OF THE
SAME OR ANY OTHER PROVISIONS.
ANY CONSENT TO, OR APPROVAL OF, ANY ACT SHALL NOT
BE DEEMED TO RENDER UNNECESSARY THE OBTAINING OF CONSENT TO OR APPROVAL OF ANY
SUBSEQUENT ACT.
THE ACCEPTANCE OF RENT HEREUNDER BY LESSOR SHALL NOT BE A
WAIVER OF ANY PRECEDING BREACH BY LESSEE OF ANY PROVISION HEREOF, OTHER THAN THE
FAILURE
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of Lessee to pay the particular rent so accepted, regardless of Lessor's
knowledge of such preceding breach at the time of acceptance of such rent.
SECTION 17.08.
RECORDING.
EITHER LESSOR OR LESSEE SHALL, UPON REQUEST OF
THE OTHER, EXECUTE, ACKNOWLEDGE AND DELIVER TO THE OTHER A "SHORT FORM"
MEMORANDUM OF THIS LEASE FOR RECORDING PURPOSES, PROVIDED THAT LESSEE SHALL ALSO
SIMULTANEOUSLY EXECUTE IN RECORDABLE FORM AND DELIVERING TO LESSOR A QUIT CLAIM
DEED AS TO ITS LEASEHOLD AND ANY OTHER INTEREST IN THE PREMISES AND HEREBY
AUTHORIZES LESSOR TO DATE AND RECORD THE SAME ONLY UPON THE EXPIRATION OR SOONER
TERMINATION OF THIS LEASE.
SECTION 17.09.
SURRENDER OF POSSESSION: HOLDING OVER.
(A)
AT THE EXPIRATION OF THE LEASE, LESSEE AGREES TO DELIVER UP AND
SURRENDER TO LESSOR POSSESSION OF THE PREMISES AND ALL IMPROVEMENTS THEREON
BROOM CLEAN AND, IN AS GOOD ORDER AND CONDITION AS WHEN POSSESSION WAS TAKEN BY
LESSEE, EXCEPTING ONLY ORDINARY WEAR AND TEAR (WEAR AND TEAR WHICH COULD HAVE
BEEN AVOIDED BY FIRST CLASS MAINTENANCE PRACTICES AND IN ACCORDANCE WITH
INDUSTRY STANDARDS SHALL NOT BE DEEMED "ORDINARY").
UPON EXPIRATION OR SOONER
TERMINATION OF THIS LEASE, LESSOR MAY REENTER THE PREMISES AND REMOVE ALL
PERSONS AND PROPERTY THEREFROM.
IF LESSEE SHALL FAIL TO REMOVE ANY PERSONAL
PROPERTY WHICH IT IS ENTITLED OR OBLIGATED TO REMOVE FROM THE PREMISES UPON THE
EXPIRATION OR SOONER TERMINATION OF THIS LEASE, FOR ANY CAUSE WHATSOEVER,
LESSOR, AT ITS OPTION, MAY REMOVE THE SAME AND STORE OR DISPOSE OF THEM, AND
LESSEE AGREES TO PAY TO LESSOR ON DEMAND ANY AND ALL EXPENSES INCURRED IN SUCH
REMOVAL AND IN MAKING THE PREMISES FREE FROM ALL DIRT, LITTER, DEBRIS AND
OBSTRUCTION, INCLUDING ALL STORAGE AND INSURANCE CHARGES.
IF THE PREMISES ARE
NOT SURRENDERED AT THE END OF THE LEASE TERM, LESSEE SHALL INDEMNIFY LESSOR
AGAINST LOSS OR LIABILITY RESULTING FROM DELAY BY LESSEE IN SO SURRENDERING THE
PREMISES, INCLUDING, WITHOUT LIMITATION, ACTUAL DAMAGES FOR LOST RENT AND WITH
RESPECT