IS IN
WRITING, AND IS SIGNED BY THE PARTY AGAINST WHOM ENFORCEMENT OF SAID CHANGE OR
MODIFICATION IS SOUGHT.
23.4.
NOTICES.
ANY NOTICE REQUIRED TO BE GIVEN BY EITHER PARTY PURSUANT
TO THIS LEASE, SHALL BE IN WRITING AND SHALL BE DEEMED TO HAVE BEEN PROPERLY
GIVEN, RENDERED OR MADE ONLY IF (A) PERSONALLY DELIVERED, OR (B) IF SENT BY
FEDERAL EXPRESS OR OTHER COMPARABLE COMMERCIAL OVERNIGHT DELIVERY SERVICE, OR
(C) SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND POSTAGE PREPAID,
ADDRESSED (IN THE CASE OF ANY OR ALL OF (A), (B) AND (C) ABOVE) TO THE OTHER
PARTY AT THE ADDRESSES SET FORTH BELOW EACH PARTY'S RESPECTIVE SIGNATURE BLOCK
(OR TO SUCH OTHER ADDRESS AS LANDLORD OR TENANT MAY DESIGNATE TO EACH OTHER FROM
TIME TO TIME BY WRITTEN NOTICE), AND SHALL BE DEEMED TO HAVE BEEN GIVEN,
RENDERED OR MADE (I) ON THE DAY SO DELIVERED OR (II) IN THE CASE OF OVERNIGHT
COURIER DELIVERY ON THE FIRST BUSINESS DAY AFTER HAVING BEEN DEPOSITED WITH THE
COURIER SERVICE, AND (III) IN THE CASE OF CERTIFIED MAIL, ON THE THIRD (3RD)
BUSINESS DAY AFTER DEPOSIT WITH THE U.S. POSTAL SERVICE.
23.5.
NON-WAIVER.
THE FAILURE OF EITHER PARTY TO INSIST, IN ANY ONE OR
MORE INSTANCES, UPON THE STRICT PERFORMANCE OF ANY ONE OR MORE OF THE
OBLIGATIONS OF THIS LEASE, OR TO EXERCISE ANY ELECTION HEREIN CONTAINED, SHALL
NOT BE CONSTRUED AS A WAIVER OR RELINQUISHMENT FOR THE FUTURE OF THE PERFORMANCE
OF SUCH ONE OR MORE OBLIGATIONS OF THIS LEASE OR OF THE RIGHT TO EXERCISE SUCH
ELECTION, BUT THE LEASE SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT WITH
RESPECT TO ANY SUBSEQUENT BREACH, ACT OR OMISSION.
THE RECEIPT AND ACCEPTANCE
BY LANDLORD OR AGENT OF BASE RENT OR ADDITIONAL RENT WITH KNOWLEDGE OF BREACH BY
TENANT OF ANY OBLIGATION OF THIS LEASE SHALL NOT BE DEEMED A WAIVER OF SUCH
BREACH.
23.6.
LEGAL COSTS.
IN THE EVENT OF LITIGATION RELATED TO ANY BREACH OR
DEFAULT UNDER THIS LEASE, THE COURT IN SUCH ACTION SHALL AWARD TO THE PARTY IN
WHOSE FAVOR A JUDGMENT IS ENTERED A REASONABLE SUM AS ATTORNEYS' FEES AND COSTS,
WHICH SUM SHALL BE PAID BY THE LOSING PARTY.
TENANT SHALL PAY LANDLORD'S
ATTORNEYS' REASONABLE FEES (NOT TO EXCEED $1,000.00 PER OCCURRENCE) INCURRED IN
CONNECTION WITH TENANT'S REQUEST FOR LANDLORD'S CONSENT UNDER PROVISIONS OF THIS
LEASE GOVERNING ASSIGNMENT AND SUBLETTING, OR IN CONNECTION WITH ANY OTHER ACT
WHICH TENANT PROPOSES TO DO AND WHICH REQUIRES LANDLORD'S CONSENT.
21
23.7.
PARTIES BOUND.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS
LEASE, THIS LEASE SHALL BE BINDING UPON, AND INURE TO THE BENEFIT OF, THE
SUCCESSORS AND ASSIGNEES OF THE PARTIES HERETO.
TENANT HEREBY RELEASES LANDLORD
NAMED HEREIN FROM ANY OBLIGATIONS OF LANDLORD FOR ANY PERIOD SUBSEQUENT TO THE
CONVEYANCE AND TRANSFER OF LANDLORD'S OWNERSHIP INTEREST IN THE PROPERTY.
IN
THE EVENT OF SUCH CONVEYANCE AND TRANSFER, LANDLORD'S OBLIGATIONS SHALL
THEREAFTER BE BINDING UPON EACH TRANSFEREE (WHETHER SUCCESSOR LANDLORD OR
OTHERWISE).
NO OBLIGATION