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<br />.. <br />. <br /> <br />., <br />l'l: <br />. <br />,} <br />. <br />. <br />o <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />{l <br />() <br />(t <br />. <br />. <br />. <br />. <br />() <br /><l <br />. <br />(t <br />() <br />() <br />. <br />. <br />. <br />. <br />. <br />() <br />. <br />() <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />Prior Agreements Superseded <br /> <br />~ 15.05. This agreement constitutes the parties' sole agreement and supersedes any prior <br />understandings or written or oral agreements between the parties with respect to the subject <br />matter. <br /> <br />Amendment <br /> <br />9 15.06. No amendment, modification, or alteration of this agreement is binding unless <br />in writing, dated subsequent to the date 0 f this agreement, and duly executed by the parties. <br /> <br />Rights and Remedies Cumulative <br /> <br />9 15.07. The rights and remedies provided by this lease are cumulative, and either party's <br />using any right or remedy will not preclude or waive its right to use any other remedy. These <br />rights and remedies are in addition to any other rights the parties may have by law, statute, <br />ordinance, or otherwise. <br /> <br />Attorney's Fees and Costs <br /> <br />S 15.08. If this Agreement is breached by either party to this Agreement and as a result <br />of said breach, litigation is initiated with respect to same, the prevailing party shall be entitled to <br />an award of reasonable attorneys fees and costs at the trial level and on appeal with respect to <br />such litigation. <br /> <br />Force Majeure <br /> <br />9 15.09. Neither Landlord nor Tenant is required to perform any term or covenant in this <br />lease so long as performance is delayed or prevented by force majeure, which includes acts of <br />God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, <br />floods, hurricanes, and any other cause not reasonably within Landlord's or Tenant's control and <br />that Landlord or Tenant cannot, by exercising due diligence, prevent or overcome, in whole or <br />part. <br /> <br />Waiver <br /> <br />9 15.10. Landlord and Tenant hereby waive trial by jury in any action, proceeding, or <br />counterclaim involving any matter whatsoever arising out of or in connection with (i) this lease, <br />(ii) the premises, (iii) Tenant's use and occupancy of the premises, or (iv) the right to any <br />statutory relief or remedy. <br /> <br />Time of Essence <br /> <br />~ 15.11. Time is of the essence of this agreement. <br /> <br />Page 9 0 f 10 <br />