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SJR-241674v2 <br />MU125-11 <br />11 <br />any such foreclosure proceeding is prosecuted or completed. Neither the holder of the Mortgage <br />(whether it acquires title by foreclosure or by deed in lieu thereof) nor any purchaser at <br />foreclosure sale shall be liable for any act or omission of Landlord occurring prior to date of <br />acquisition of title, nor subject to any offsets or defenses which Tenant might have against <br />Landlord nor bound by any prepayment by Tenant of more than one month's installment of Rent <br />nor by any modification of this Lease made subsequent to the granting of the Mortgage unless <br />consented to by the holder of the Mortgage. Notwithstanding anything to the contrary in this <br />Section, so long as Tenant is not in default under this Lease, this Lease shall remain in full force <br />and effect and the holder of the Mortgage and any purchaser at foreclosure sale thereof shall not <br />disturb Tenant's possession hereunder. <br /> <br />17. SALE OR MORTGAGE OF THE BUILDING: <br /> <br /> In the event of a sale of the Building, Landlord shall be relieved of all liability under this <br />lease accruing from and after the date of sale provided Landlord has obtained the written <br />agreement of its transferee or assignee to assume and carry out all of the covenants and <br />obligations of the Landlord hereunder. <br /> <br /> The Tenant agrees at any time and from time to time, upon not less than ten days prior <br />written request by Landlord, to execute, acknowledge and deliver to Landlord a statement in <br />writing certifying that the Lease is not modified (or modified, stating the modification) that the <br />Lease is in full force and affect, stating the dates to which the Rent has been paid in advance and <br />stating whether the landlord is in default hereunder. It is intended that any such statement may be <br />relied upon by any prospective purchaser of the fee or mortgagee or assignee of any mortgage <br />upon the Building or real estate. <br /> <br />18. WAIVER: <br /> <br /> One or more waivers of any covenant, term or condition of this Lease by either party <br />shall not be construed by the other party as a waiver of a subsequent breach of the same <br />covenant, term or condition. The consent or approval of either party to or of any act by the other <br />party of a nature requiring consent or approval shall not be deemed to waive or render <br />unnecessary consent to or approval of any subsequent similar act. The failure or delay on the <br />part of either party to enforce or exercise at any time any of the provisions, rights or remedies in <br />this Lease shall in no way be construed to be a waiver thereof, nor in any way to affect the <br />validity of this Lease or any part thereof, or the right of the party to thereafter enforce each and <br />every such provision, right or remedy. <br /> <br /> 19. RULES AND REGULATIONS: <br /> <br /> Tenant shall use the Premises and the common areas of the Building in accordance with <br />the terms of this Lease and such additional rules and regulations as may from time to time be <br />reasonably made by Landlord for the general safety, comfort and convenience of the landlord, <br />occupants and tenants of the Building, and Tenant shall use its best efforts to cause Tenant's <br />customers, employees and invitees to abide by such rules and regulations. Landlord shall in no <br />event be responsible to Tenant for enforcement of such rules and regulations against other