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<br />( ff;1' <br /> <br />default and shall entitle Tenant to terminate this lease. If <br />any utility services furnished by Landlord are interrupted <br />and continue to be interrupted despite the good faith efforts <br />of Landlord to remedy same, Landlord shall not be liable in <br />any respect for damages to the person or property of Tenant <br />or Tenant's employees, agents, or guests, and same shall not <br />be construed as ground for constructive eviction or abatement <br />of rent. Landlord shall use reasonable diligence to repair <br />and remedy such interruption promptly. <br /> <br />20. SIGNS. During the term of this lease, a "For Sale" sign <br />and/or a "For Lease" sign may be displayed on the leased <br />premises and the leased premises may be shown at reasonable <br />times to prospective purchasers or tenants. <br /> <br />21. WAIVER OF BREACH. The waiver by Landlord of any breach of <br />any provision of this le~se shall not constitute a continuing <br />waiver or a waiver of any subsequent breach of the same of a <br />different provision of this lease. <br /> <br />22. TIME OF ESSENCE. Time is expressly declared to be of the <br />essence in the lease. <br /> <br />23. BINDING EFFECT. Subject to the provisions of this lease <br />pertaining to assignment of the Tenant's interest, all <br />provisions of thi~ lease shall extend to and bind, or inure <br />to the benefit of; not only the parties to this lease but to <br />each and everyone of the heirs, executors, representatives, <br />successors, and assigns of Landlord and Tenant. ' <br /> <br />24. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by <br />this lease agreement are cumulative and the use of anyone <br />right or remedy by either party shall not preclude or waive <br />its right to use any or all other remedies. Said rights and <br />remedies are given in addition to any other rights the <br />parties may have by law, statutes, ordinance, or otherwise. <br /> <br />5. TEXAS LAW TO APPLY. This agreement shall be construed under <br />and in accordance with the laws of the State of Texas. <br /> <br />26. LEGAL CONSTRUCTION. In case anyone or more of the <br />provisions contained in this agreement shall for any reason <br />be held to be invalid, illegal, or unenforceable in any <br />respect, such invalidity, illegality, or unenforceability <br />shall not effect any other provisions hereof and this <br />agreement shall be construed as if such invalid, illegal, or <br />unenforceable provision had never been contained herein. <br /> <br />27. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the <br />sole and only agreement of the parties to this lease and <br />supersedes any prior understandings or written or oral <br />agreement between the parties respecting the subject matter <br />of this lease. <br /> <br />28. AMENDMENT. No amendment, modification, or alteration of the <br />terms hereof shall be binding unless it is in writing, dated <br />subsequent to the data hereof, and duly executed by the <br />parties. <br /> <br />29. ATTORNEY'S FEES. Any signatory to this lease agreement who <br />is the prevailing party in any legal proceeding against any <br />other signatory brought under or with relation to this lease <br />agreement or this transaction shall be additionally entitled <br />to recover court cost, reasonable attorney fees, and all <br />other out-of-pocket costs of litigation, including <br />deposition, travel and witness costs, from the nonprevailing <br />party. <br /> <br />30. EXHIBITS. <br /> <br />Exhibit A - Site plan <br />Exhibit B - Rules and Regulations <br /> <br /> <br /> <br /> <br />-4- <br />