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deemed to be a waiver by Landlord of any of his rights hereunder. Further, it is covenanted and <br /> agreed that no waiver at any time of any of the provisions hereof by Landlord shall be construed <br /> as a waiver of any of the other provisions hereof and that a waiver at any time of any of the <br /> provisions hereof shall not be construed as a waiver at any subsequent time of the same <br /> provisions. The consent or approval shall not be deemed to waive or render unnecessary <br /> Landlord's consent or approval to or any subsequent similar act by Tenant. <br /> No payment by Tenant, or acceptance by Landlord,of a lesser amount than shall be due <br /> from Tenant to Landlord, even after demand by Landlord for rent pursuant to Tenant's rent <br /> default shall be treated otherwise than a payment on account. The acceptance by landlord of a <br /> check for a lesser amount with an endorsement or statement thereon, or upon any letter <br /> accompanying such check,that said lesser amount is payment in full shall be given no effect, and <br /> Landlord may accept such check without prejudice to any further rights or remedies which <br /> Landlord may have against Tenant. Further, failure of the Landlord to bill timely for other <br /> additional rent as heretofore required shall not be deemed a waiver of Tenant's liability to pay <br /> same. <br /> 16.4 COVENANT OF QUIET ENJOYMENT. Tenant, subject of the terms and <br /> provisions of this Lease, on payment of the rent and observing,keeping and performing all of the <br /> terms and provisions of this Lease on its part to be observed,kept and performed, shall lawfully, <br /> peaceably and quietly have, hold, occupy and enjoy the Demised Premises during the term hereof <br /> without hindrance or objection by any persons lawfully claiming under Landlord. <br /> 16.5 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each <br /> of which, when bearing original initials of the parties on each page and at each change in the text <br /> hereof as well as original signatures at the end of each document, shall constitute an original for <br /> all purposes. All previous agreements, whether oral or written are superseded by and merged <br /> with this Lease. Subsequent changes shall not be binding unless reduced to writing and signed <br /> by the parties hereto. <br /> 16.6 INVALIDATION OF PARTICULAR PROVISIONS. If any clause,term or <br /> provision of this Lease, or the application thereof to any person or circumstance shall to any <br /> extent,be invalid or unenforceable,the remainder of this lease, or the application of such term or <br /> provision to persons or circumstances other than those as to which it si held invalid or <br /> unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be <br /> valid and be enforced to the fullest extent permitted by law. It si the intention of the parties <br /> hereto that in lieu of each clause,term or provision of this Lease that is illegal, invalid or <br /> unenforceable,there be added as part of this Lease a clause,term or provision similar to such <br /> illegal invalid or unenforceable clause, term or provision as may be possible and would be legal, <br /> valid, and enforceable. <br /> 16.7 PROVISIONS BINDING,ETC. Except as herein otherwise expressly provided, <br /> the terms hereof shall be binding upon and shall inure to the benefit of the heirs, successors, <br /> Page 15 DRAFT-- 12/15/98--CHS Lease agreement <br />