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18. WAIVER: <br /> One or more waivers of any covenant,term or condition of this Lease by either party shall not <br /> be construed by the other party as a waiver of a subsequent breach of the same covenant, term or <br /> condition. The consent or approval of either party to or of any act by the other party of a nature <br /> requiring consent or approval shall not be deemed to waive or render unnecessary consent to or <br /> approval of any subsequent similar act. The failure or delay on the part of either party to enforce or <br /> exercise at any time any of the provisions, rights or remedies in this Lease shall in no way be <br /> construed to be a waiver thereof, nor in any way to affect the validity of this Lease or any part <br /> thereof,or the right of the party to thereafter enforce each and every such provision,right or remedy. <br /> 19. RULES AND REGULATIONS: <br /> Tenant shall use the Premises and the common areas of the Building in accordance with the <br /> terms of this Lease and such additional rules and regulations as may from time to time be reasonably <br /> made by Landlord for the general safety, comfort and convenience of the Landlord, occupants and <br /> tenants of the Building,and Tenant shall use its best efforts to cause Tenant's customers,employees <br /> and invitees to abide by such rules and regulations. Landlord shall in no event be responsible to <br /> Tenant for enforcement of such rules and regulations against other tenants. These Rules and <br /> Regulations shall be in addition to, and shall not be construed to in any way modify or amend, in <br /> whole or in part,the covenants and conditions of any lease of the Premises. If any provision of these <br /> rules and regulations conflicts with any provision of the Lease,the terms of the Lease shall prevail. <br /> 20. COVENANT OF QUIET ENJOYMENT: <br /> Landlord covenants that it has the right to make this Lease for the term aforesaid and <br /> covenants that if Tenant shall pay the rent and perform all of the covenants,terms and conditions of <br /> this Lease to be performed by Tenant, Tenant shall, during the Term hereby created, freely, <br /> peaceably and quietly occupy and enjoy the full possession of the Premises. <br /> 21. NO REPRESENTATIONS BY LANDLORD: <br /> Neither Landlord nor any agent or employee of Landlord has made any representations or <br /> promises with respect to the Premises or the Building except as herein expressly set forth, and no <br /> right,privileges,easements or licenses are acquired by Tenant except as herein expressly set forth. <br /> No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a <br /> warranty or agreement as to the configuration of the Building or the occupants thereof. Landlord <br /> reserves the right from time to time to modify the Building,including common areas,appurtenances <br /> and rentable areas,without in any case reducing the obligations of Tenant hereunder. Tenant has no <br /> right to light or air over any premises adjoining the Building. Tenant, by taking possession of the <br /> Premises,shall accept the same"as is"except as expressly provided in this Lease and such taking of <br /> possession shall be conclusive evidence that the Premises and the Building are in good and <br /> satisfactory condition at the time of such taking of possession. In addition to and without limitation <br /> of the immediately preceding sentence,Tenant agrees that it is leasing the Premises on an"AS IS", <br /> "WHERE IS"and"WITH ALL FAULTS"basis,based upon its own judgment,and hereby disclaims <br /> any reliance upon any statement or representation whatsoever made by Landlord. LANDLORD <br /> MAKES NO WARRANTY WITH RESPECT TO THE PREMISES, THE BUILDING OR ANY <br /> 10 <br /> 416585v5 SJR MU210-35 <br />