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reasonable measures could be contemplated and possibly taken by the other Party, and the other Party has in fact recognized, in writing to the Party asserting a claim of Force Majeure, that the occurrence is an event equating to Force Majeure. The TENANT and the LANDLORD shall be excused only for the period of any delay associated with the Force Majeure event, and shall not be deemed in default with respect to the performance of any of the non-monetary terms, covenants, and conditions of this Agreement when prevented from so doing by cause or causes beyond the TENANT'S or the LANDLORD'S control, excluding filing of bankruptcy, but which shall include, without limitation, all labor disputes, governmental regulations or controls, fire or other casualty, acts of God, or any other cause, whether similar or dissimilar to the foregoing, not within the control of the TENANT or the LANDLORD. ARTICLE XXIV WAIVER If, under the provisions hereof, the LANDLORD or the TENANT shall institute proceedings and a compromise or•settlement thereof shall be made, the same shall not constitute a waiver of any covenant herein contained nor of any of the LANDLORD'S or the TENANT'S rights hereunder, unless expressly stated in such settlement agreement. No waiver by the LANDLORD or the TENANT of any provision hereof shall be deemed to have been made unless expressed in writing and signed by both Parties. No waiver by the LANDLORD or the TENANT of any breach of covenant, condition, or agreement herein contained shall operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent breach thereof. No payment by the TENANT or receipt by the LANDLORD of lesser amount than the annual payments of rent (or additional rent if such obligations are stipulated) shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or letter accompanying a check for payment of rent or any other amounts owed to the LANDLORD be deemed an accord and satisfaction, and the LANDLORD may accept such check or payment without prejudice to or waiver of the LANDLORD'S right to recover the balance of such rent or other amount owed or to pursue any other remedy provided in this Agreement. Further, any endorsement or statement on any check or letter accompanying a check for payment of rent or any other amounts owed to the LANDLORD may not be deemed to limit or restrict the LANDLORD in any manner whatsoever, and such endorsement or statement shall have no effect whatsoever, and shall be deemed to have never been written at all. ARTICLE XXV DEFAULT OF THE TENANT AND REMEDIES Consistent with Teiiuination, above, if the TENANT shall fail to pay any annual payment or item of rent on the date when the same becomes due and if such violation or failure continues for a period of twenty (20) calendar days after written notice thereof to the TENANT by the LANDLORD, then the LANDLORD may proceed with any remedy available at law or in equity in the State of Florida or by such other proceedings, including reentry and possession, as may be applicable. Should the TENANT elect or fail to perform or observe any covenant or condition of this Agreement, other than a default involving the payment of rent, which default has not been cured within twenty (20) calendar days after the giving of notice by the LANDLORD, unless such default is of such nature that it cannot be cured within such twenty (20) day period, in which case no event of default shall occur so long as the TENANT shall commence the curing of the default within such twenty (20) day period and shall thereafter diligently prosecute the curing of same, then the LANDLORD shall be peimitted to terminate this Agreement, and immediately take possession of the Leased Premises. Page 12 of 16 Sunny Isles Lease Agreement