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Al! rights, p~wers and privileges conferred hereunder u~on parties hereto shall he cumulative and not <br />restrictive of those given by law. <br /> <br />27. <br /> <br />No failure of Landlord to exercise any 9ewer given Landlord hereunder or to insist upon strict compliance by <br />Tenant of its obligations hereunder and no custom or practice of the parties at variance with the terms hereof <br />shall constitute a waiver of Landlord's right to demand exact compliance with the terms hereof. <br /> <br />28. <br /> <br />Landlord represents to the best of its knowledge and belief, (1) the Prem/ses are in compliance with all <br />applicable environmental laws, and (2} there are not excessive levels {as defined by the Environmental <br />Protection Agency) of radon, toxic waste or hazardous substances on the Premises. Tenant represeuts and <br />warrants that Tenant shall comply with all applicable environmental laws and that Tenant shall no permit any <br />of his employees, agents, contractors or subcontractors, or any person preseut ou the Premises to generate, <br />manufacture, store, dispose or release on, about, or under the Premises auy hazardous substances which would <br />result in the Prem/ses not complying with any applicable environmental laws. <br /> <br />TIM~ OF E~SENCE <br /> <br />29. Time is of the essence of this Lease. <br /> <br />DEFINITIONS <br /> <br />30. <br /> <br />"Landlord" as used in this Lease shall include the undersigned, its heirs, representatives, assigns and <br />successors in title to the Premises. "Tenant" shall include the undersigned aud its heirs, representatives, <br />assigns and successors, and if this Lease shall be validly assigned or sublet, shall include also Tenant's <br />assignees or sublessees as to the Premises oovered by such assignmeut or sublease. "Agent" shall include the <br />undersigned, its successors, assigns, heirs and representatives. "Landlord", "Tenant" and "Agent" include male <br />and female, singular and plural, corporation, partnership or individual, as may fit the particular parties. <br /> <br />NOTICE~ <br /> <br />31. <br /> <br />All notices required or perm/tted under this Lease shall be in writing and shall be personally delivered or <br />sent by U.S. Certified Mail, return receipt requested, postage prepaid. Agent shall be copied with all <br />required or permitted notices. Notices to Tenaut shall be delivered or sent tot he address shown below, <br />except that upon Tenant's taking possession of the Premises, then Premises shall be Tenant's address for <br />notice purposes. Notices to Landlord and Agent shall he delivered or sent to the addresses hereinafter <br />stated, to wit: <br /> <br />Landlord: <br /> <br />Sub~rban Gardens, Inc. <br />P.O. Box 3350 <br />Concord, N.C. 28026-3350 <br /> <br />Cabarrus County <br />Attention: Cabarrus County Home Health Agency <br />P.O. Box 707 <br />Concord, N.C. 28026-0707 <br /> <br />ENTIRE A~REEMENT <br /> <br />32. This lease contains the entire agreement of the part/es hereto, and no representations, inducements, promises <br /> or agreements, oral or otherwise, between the parties, not embodied herein, shall be of any force or effect. <br /> <br />SPECIAL ST~ PULATIONS <br /> <br />33. Any special stipulations are set forth in the attached Exhibit B, in so far as said Special Stipulations <br /> conflict with any of the foregoing provisions, said Special Stipulations shall control. <br /> <br /> <br />