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17 <br /> <br />and enforceable; however, the parties agree that this Agreement will be reformed to replace any <br />invalid, illegal, or unenforceable provision or portion of this Agreement with an alternative <br />provision that is enforceable and bears as close resemblance as possible to any provision <br />determined to be invalid, illegal, or unenforceable. <br /> 37. No Waiver. Any failure by either Owner or Tenant to enforce any of the provisions <br />of this Agreement upon any default, breach, or cause will not be deemed a waiver of any of <br />Owner's or Tenant's rights or remedies with respect to any subsequent default, breach, or cause. <br /> 38. Headings. Headings in this Agreement are for convenience only and will not be <br />used to interpret or construe its provisions. <br /> 39. Counterparts. This Agreement may be signed in counterparts, meaning that the <br />Agreement is valid if signed by all parties even if the signatures of the parties appear on separate <br />copies of the same Agreement rather than on a sign documents. <br /> 40. Prior Lease. The parties acknowledge that space at the Tower Property was <br />previously leased between Owner and Tenant under the terms and conditions of that certain Site <br />Lease Agreement dated January 13, 1997 (the “Prior Lease”). Owner and Tenant acknowledge <br />and agree that the Prior Lease is terminated effective as of the Effective Date of this Lease <br />agreement, and that thereafter, the terms and conditions of this Lease agreement shall be the sole <br />instrument governing the leasing of space by Tenant at the Tower Property. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their <br />respective seals the day and year first above written. <br /> <br />