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~. '. I . ,e ,. I. I. . . . e . '. ,. I() .. i. !() '. . . e . . . . . <l . . . . . . . . . . . . . . . 43. RETURNED CHECKS: In the event a Tenant's Check should be returned for any reason, there will be a $50.00 charge for any returned check. In the event of a returned check, Landlord shall, at Landlords option, have the right to require all future checks to be paid in cash or cashiers check. 44. WAIVER OF RIGHT TO JURY TRIAL: The Landlord and Tenant hereby waive trial by jury in any action, proceeding, or counterclaim brought by either party against the other pertaining to any matters whatsoever arising out of or in any way connected with this Lease or the Tenant's use and occupancy of the Premises, other than an action for personal injury. 45. HOLDING OVER AFTER EXPIRATION OF TERM: In the event the Landlord allows the Tenant to remain on the leased premises on a verbal month to month agreement or verbal extension of this lease, each and every provision of this written lease shall apply to the extended rental period and any subsequent action by the Landlord to remove the Tenant from the property at issue. 46. ACCELERATION OF RENTAL WHERE INSTALLMENT NOT PAID: Should the tenant fail to pay any monthly installment of rent for a period of thirty (30) days after said rent has become due and payable, then all installments remaining due for the entire term of this lease shall, at the option of the Landlord, become due and payable at once, without demand. 47. WAIVER & CUMULATIVE RIGHTS: The rights of the Landlord under this lease shall be cumulative, and failure on the part of the Landlord to promptly exercise any rights given hereunder shall not operate to forfeit any of Landlord's rights. Specifically, the Landlord is free to accept the benefits of this Lease Agreement and to accept late performance by the Tenant without waiving any rights or remedies or otherwise being estopped from any other Landlord remedy under this agreement or law. 48. ENTIRE AGREEMENT: This written agreement is the entire agreement between the parties. This Agreement shall supersede all other verbal representations or negotiations. This Agreement may not be modified, or deemed modified or amended except by an amendment done in writing, and signed by both parties with the same formality of this Agreement. SPECIAL CLAUSES: UPON SIGNING OF THIS LEASE AGREEMENT THE FOLLOWING MONIES WILL BE DUE AND PAYABLE; FIRST MONTH'S RENT JANUARY 2010 IN THE AMOUNT OF $1,481.95 AND THE REQUIRED SECURITY DEPOSIT OF $1,481.95, FOR A TOTAL OF $2,996.90. TENANT TO RECEIVE A RENT CONCESSION IN THE AMOUNT OF $1,481.95 FOR THE MONTH OF JANUARY 2011 ONLY. TENANT HAS THE OPTION TO RELOCATE TO ANY A V AILlBLE BAY IN THE BUILDING SHOULD IT COME A V AILlBLE DURING THE INITIAL TERM OF THIS LEASE. Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. Tenant: DOWNTOWN TOWING COMPANY prope!: 15415 NE 21 Avenue /" A 0\ Date: .... ~ -It) Tenant Initialsd1:1.L Page 8