OF LANDLORD AND TENANT.
17.9
CAPTIONS:
THE CAPTIONS USED IN THIS LEASE ARE FOR THE PURPOSE OF
CONVENIENCE ONLY AND SHALL NOT BE CONSTRUED TO LIMIT OR EXTEND THE MEANING OF
ANY PART OF THIS LEASE.
17.10
DUPLICATE ORIGINALS; COUNTERPARTS:
ANY EXECUTED COPY OF THIS LEASE
SHALL BE DEEMED AN ORIGINAL FOR ALL PURPOSES.
THIS LEASE MAY BE EXECUTED IN ONE
OR MORE COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED TO BE AN ORIGINAL, BUT ALL
OF WHICH TAKEN TOGETHER SHALL CONSTITUTE ONE AND THE SAME LEASE.
17.11
TIME OF THE ESSENCE:
TIME IS OF THE ESSENCE OF THIS LEASE.
17.12
SEVERABILITY:
IN THE EVENT ANY ONE OR MORE OF THE PROVISIONS
CONTAINED HEREIN SHALL FOR ANY REASON BE HELD TO BE INVALID, ILLEGAL OR
UNENFORCEABLE IN ANY RESPECT,
40
every other provision of this Lease shall remain and subsist in full force and
effect, and this Lease shall be construed as if such invalid, illegal or
unenforceable provision had not been contained herein.
17.13
INTERPRETATION:
THE LANGUAGE IN ALL PARTS OF THIS LEASE SHALL IN
ALL CASES BE CONSTRUED AS A WHOLE ACCORDING TO ITS FAIR MEANING AND NOT STRICTLY
FOR OR AGAINST EITHER LANDLORD OR TENANT.
THIS LEASE IS THE RESULT OF
NEGOTIATIONS AMONG AND HAS BEEN REVIEWED BY THE PARTIES AND THEIR RESPECTIVE
COUNSEL.
ACCORDINGLY, THIS LEASE SHALL BE DEEMED TO BE THE PRODUCT OF BOTH
PARTIES HERETO, AND NO AMBIGUITY SHALL BE CONSTRUED IN FAVOR OF OR AGAINST
EITHER PARTY.
IN THE EVENT THAT LANDLORD OR TENANT IS COMPRISED OF MORE THAN
ONE PERSON OR ENTITY, ALL COVENANTS, OBLIGATIONS AND LIABILITIES OF LANDLORD AND
TENANT SHALL BE THE JOINT AND SEVERAL COVENANTS, OBLIGATIONS AND LIABILITIES OF
ALL SUCH PERSONS AND ENTITIES COMPRISING LANDLORD AND TENANT, RESPECTIVELY.
WHEN THE CONTEXT OF THIS LEASE REQUIRES, A REFERENCE TO ONE GENDER INCLUDES THE
OTHER GENDERS, A PARTNERSHIP, A CORPORATION AND A JOINT VENTURE, AND THE
SINGULAR INCLUDES THE PLURAL.
THE VALIDITY, CONSTRUCTION, EFFECT, PERFORMANCE
AND ENFORCEMENT OF THIS LEASE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF
THE STATE OF MISSISSIPPI.
17.14
SUCCESSORS BOUND:
THE COVENANTS AND AGREEMENTS CONTAINED IN THIS
LEASE SHALL BE BINDING UPON AND SHALL INURE TO THE BENEFIT OF THE PARTIES HERETO
AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND PERMITTED ASSIGNS, ALL SUBJECT TO
THE LIMITATIONS CONTAINED IN ARTICLES 13 AND 14.
17.15
NO WAIVER:
THE WAIVER BY LANDLORD OR TENANT OF ANY BREACH OF ANY
TERM, COVENANT OR CONDITION HEREIN CONTAINED SHALL NOT BE DEEMED TO BE A WAIVER
OF SUCH TERM, COVENANT OR CONDITION OR ANY SUBSEQUENT BREACH OF THE SAME OR ANY
OTHER TERM, COVENANT OR CONDITION HEREIN CONTAINED.
17.16
COVENANT OF FAIR DEALING:
EACH PARTY HERETO AGREES TO ACT
REASONABLY AND IN GOOD FAITH WITH RESPECT TO THE PERFORMANCE AND FULFILLMENT OF
THE TERMS OF EACH AND EVERY COVENANT AND CONDITION CONTAINED IN THIS LEASE.
17.17
DELAYS:
ANY PREVENTION, DELAY OR STOPPAGE DUE TO STRIKES, LOCKOUTS,
INCLEMENT WEATHER, LABOR DISPUTES, ACTS OF GOD, INABILITY TO OBTAIN LABOR,
MATERIALS OR