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<br />L <br />to or based upon this Lease, this Lease shall be construed to be a divisible contract, to the end that <br />successive actions may be maintained as successive periodic amounts due shall mature under this Lease and <br />it is further agreed that failure to include in any suite or action any amount or amounts then matured shall <br />not be a bar to the maintenance of any suit or action for the recovery of said amount so omitted. <br />12.4 Quiet Enjoyment. Landlord hereby covenants and agrees that if Tenant shall perform <br />all the covenants and agreements herein stipulated to be performed on Tenant's part, peaceful and quiet <br />enjoyment and possession of the Premises without any manner of interference or hindrance from Landlord <br />or any person or persons lawfully claiming the Premises. <br />12.5 Broker's Commission. Tenant and Landlord warrant, each to the other, that there are no <br />claims for broker's commissions or finder's fees in connection with its execution of this Lease. <br />12.6 Interpretation. Wherever either the word "Landlord" or "Tenant" is used in this Lease, it <br />shall be considered as meaning "Landlord's" or "Tenant's" respectively, wherever the context permits or <br />requires, and when the singular, masculine, feminine and/or neuter pronouns are used herein, the same shall <br />be construed as including all persons and corporations designated respectively as Landlord or Tenant in the <br />heading of this instrument wherever the context requires. <br />12.7 No Partnership. Landlord does not, in any way or for any purpose, become a partner of <br />Tenant in the conduct of Tenant's business or otherwise, or a joint venture or a member of a joint enterprise <br />with Tenant. <br />12.8 Exceptions to Demise. Notwithstanding anything to the contrary herein contained, this <br />Lease is subject to all valid and enforceable matters of record affecting the Premises which enjoy priority <br />over this Lease. <br />12.9 Section Headings. The Section headings are inserted only as a matter of convenience and <br />for reference and in no way define, limit or describe the scope or intent of this Lease nor in any way affect <br />this Lease. <br />12.10 Lease Inures to Benefit of Assisrts. This Lease may not be assigned by Tenant without the <br />written consent of Landlord which will not be withheld or delayed unreasonably. All the covenants, <br />provisions and conditions herein contained shall inure to the benefit of and be binding upon the heirs, <br />personal representatives, successors and permitted assigns, respectively, of the parties hereto; provided, <br />however, that an assignment by, from, through or under Tenant in violation of the provisions hereof shall <br />not vest in the assignee any right, title or interest whatever in the estate created by this Lease. This lease <br />may be assigned by Landlord without the consent of Tenant. <br />12.11 Entire Agreement. This Lease and the exhibits attached hereto set forth all of the <br />covenants, promises, agreements, conditions and understanding between Landlord and Tenant concerning <br />this Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or <br />written, between the parties which relate to the Premises other than those herein set forth. Except as herein <br />otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding <br />upon Landlord or Tenant unless reduced to writing and signed by both parties. Tenant agrees that Landlord <br />and its agents have made no representations or promises with respect to the Premises or the building or <br />property of which the same are a part except as herein expressly set forth. <br />14 <br />Attachment number 1 <br />F- 6 Page 191 of 286 <br />