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10. Default/Waiver. It is not a waiver of default if the nondefaulting party fails to declare immediately a <br /> default or delays in taking any action.Pursuit of a remedy does not preclude pursuit of another remedy. <br /> i <br /> I 11. Mitigation. Landlord has mitigated the loss of rent if Landlord, within thirty days after Tenant's loss of <br /> possession, (a)places a"For Lease" sign at the Premises, (b)places the Premises on Landlord's inventory <br /> of properties for lease, (c) makes Landlord's inventory available to area brokers on a monthly basis, (d) <br /> advertises the Premises for lease in a suitable trade journal in the county in which the Premises are <br /> f located, and(e)shows the Premises to prospective tenants who request to see it. <br /> 12. Holdover. If Tenant does not vacate the Premises following termination of this lease, Tenant will become <br /> a tenant at will and must vacate the Premises on receipt of notice from Landlord. No holding over by <br /> Tenant, whether with or without the consent of Landlord,will extend the Term. If Tenant does not vacate <br /> on termination date then the tenant will pay the entire next month in full plus NNN charges without <br /> proration. If the tenant does not vacate by the second month,base rent will be charged at 150%. <br /> 13. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filing a suit for <br /> damages. <br /> 14. Attorney's Fees. If either party retains an attorney to enforce this lease,the party prevailing in litigation is <br /> entitled to recover reasonable attorneY's fees and other fees and court and other costs. <br /> 15. Venue. Exclusive venue is in Hays County,Texas. <br /> 16. Entire Agreement. This lease is the entire agreement of the parties concerning the lease of the Premises <br /> by Landlord to Tenant. There are no representations, warranties, agreements, or promises pertaining to <br /> the Premises or the lease of the Premises by Landlord to Tenant, and Tenant is not relying on any <br /> statements or representations of any agent of Landlord,that are not in this lease. <br /> 17. Amendment of Lease. This lease may be amended only by an instrument in writing signed by Landlord <br /> and Tenant. <br /> 18. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF <br /> FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS <br /> LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY <br /> STATED IN THIS LEASE. <br /> 19. Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this <br /> lease will be deemed to be given (whether received or not) the earlier of receipt or three business days <br /> after being deposited with the United States Postal Service, postage prepaid, certified mail,return receipt <br /> requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be <br /> given by regular mail, personal delivery, courier delivery, or e-mail and will be effective when received. <br /> Any address for notice may be changed by written notice given as provided herein. <br /> 20. Use of Common Areas and Parking. Tenant and tenant's customers will have the nonexclusive right to <br /> use the Common Areas and Parking, subject to any reasonable rules and regulations that Landlord may <br /> prescribe. <br /> 21. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the <br /> end of the Term. <br /> E. Special Provisions <br />