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<br /> -11- <br /> 34. TIME <br /> It is expressly stipulated that time shall be of the essence of <br /> this lease agreement. <br /> 35. BINDING ON HEIRS, ETC. <br /> This lease agreement shall be binding l.lpon the heirs, devisees, <br /> executors, administrators, successors in interest, and assigns of the <br /> parties hereto. <br /> 36. ~1ODIFICATION <br /> This contract constitutes the whole agreement between the parties. <br /> There are no terms, obligations, covenants, or conditions other than <br /> contained herein. No modification or variation thereof shall be deemed <br /> valid unless evidenced by an agreement in writing. <br /> 37. MISCELLANEOUS <br /> Whenever a period of time is herein prescribed for action to be <br /> taken by LESSOR or LESSEE, LESSOR and LESSEE shall not be liable or <br /> responsible for, and there shall be excluded from the computation of <br /> any such period of time, any delays due to strikes, riots, acts of God, <br /> shortages of labor or materials, war, government laws, regulations, or <br /> restrictions or any other causes of any kind whatsoever which are <br /> beyond the reasonable control of LESSOR or LESSEE. At any time when <br /> there is outstanding a mortgage, deed of trust or similar security <br /> instrument covering LESSOR'S interest in the Leased Premises of the <br /> Shopping Center, LESSEE may not exercise any remedies for default by <br /> LESSOR hereunder unless and until the holder of the indebtedness <br /> secured by such mortgage, deed of trust or similar security instrwnent <br /> shall have received written notice of such default and a reasonable <br /> time for curing such default shall thereafter have elapsed, unless <br /> otherwise provided herein. <br /> This Lease shall be construed according to the Laws of the State <br /> of Texas, and all obligations of LESSOR and LESSEE under the terms of <br /> this Lease sha 11 be payable and performable in Hays County, Texas. <br /> Should any provision of this Lease be held invalid or <br /> unenforceable, the validity and enforceabil i ty of all remaining <br /> provisions of this Lease shall not be affected thereby. <br /> LESSEE shall not install, use or permit the use of a boiler on the <br /> Leased Premises without the written consent of LESSOR. <br /> 38. INTERPRETATION OF WORDS "LESSOR" Al'\fD "LESSEE" <br /> The terms "LESSOR" and "LESSEE" as used in this lease shall be <br /> interpreted so as to include all of the LESSORS and LESSEES named in <br /> the first paragraph and section hereof, whether the parties named in <br /> said paragraph and section are corporations or individuals, whether <br /> male or female. If more than one party is named in said paragraph and <br /> section, the obligations of said parties herein contained shall be <br /> joint and several obligations. <br /> 39. EXECUTION <br /> This lease agreement has been prepared and is submitted to LESSEE <br /> for signature with the understanding that it shall not bind LESSOR <br /> until duly executed by both parties and delivery made to LESSEE. <br /> 40. SUBORDINATION <br /> LESSEE agrees that this Lease and LESSEE'S interest hereunder <br /> sha 11 be subordinate to any mortgage, deed of trust, or other lien or <br /> method of financing or refinancing now or hereafter placed against the <br /> Shopping Center, and/or the Leased Premises and/or any and all of the <br />