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Page 8 410 39.LATE CHARGES:The Tenant agrees to pay all sums due to the Landlord on or before the due date provided on page I herein. If the Tenant fails to make payment within (3)days of the due date,there will be a late fee of$ 100.00 as additional rent,together with a charge of$35.00 per day as additional rent for each day rent remains unpaid. 40.DEFAULTS OTHER THEN RENT: Any violation of the terms listed herein is considered a material breach of this lease agreement.If either Landlord or Tenant fails to perform or breaches any agreement on this lease,other then the agreement of Tenant to pay rent,and this failure or breach continues for 15 days after a written notice specifying the required performance has been given to the party failing to perform,(a)the party giving notice may institute action in a court competent jurisdiction to terminate this lease or to complete performance of the agreement,and the losing party in that litigation shall pay the prevailing party all expenses of the litigation,including reasonable attorney fees. 41.HOLD-OVER TENANT:In the event the Tenant refuses to surrender possession of the premises at the end of the lease,the Landlord shall be entitled to double the monthly rent until the Tenant surrenders possession of the premises. 42.RETURNED CHECKS:In the event a Tenant's check is returned for any reason. there will be a$35.00 charge for any 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. 43.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 Tenants use and occupancy of the premises,other than an action for personal injury. 0 44.HOLDING OVER AFTER EXPIRATION OF TERM:In the event the Landlord allows the Tenant to remain in 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. 45.ACCELERATION OF RENTAL WHERE INSTALLMENT NOT PAID:Should the Tenant fail to pay any monthly installment of rent for a period of(30)days after said rent has become due and payable,then all installments remaining due the entire term of this lease shall,at the option of the Landlord become due and payable at once without demand. 46.WAIVER AND 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 stopped from any other Landlord remedy under this agreement or law. 47.ENTIRE AGREEMENT:This written agreement is the entire agreement between ♦l.n wn.w:on TR.:n....._...........�..L..11............1.,..11 �aL.._...._L..t_�_____a�...... .._ re