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2005_Resolutions
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2005_Resolutions
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possession of the Premises to Lessors. Acceptance of the security deposit by <br />• Lessors does not constitute any waiver of damages that may exceed the amount of <br />the security deposit or any waiver of any other rights the Lessors may have <br />against the Lessee, at law or in equity, by reason of Lessee's default, and in the <br />event of damages suffered by Lessors by reason of Lessee's default, that exceed <br />the amount of the security deposit, Lessors shall be entitled to such additional <br />damages directly attributable to Lessee's use of the Premises. <br />20. ATTORNEY'S FEES. In the event that suit is brought by either party in <br />furtherance of its rights under this Lease, the prevailing party shall be entitled to <br />all costs incurred in connection with such action, including a reasonable <br />attorney's fee. <br />21. WAIVER. No failure of Lessors to insist upon the strict performance of any term <br />or provision of this Lease or to exercise any right or remedy consequent upon a <br />breach thereof, and no acceptance by Lessors of full or partial rent during the <br />continuance of any such breach, shall constitute a waiver of any such breach or of <br />any such term or provision of this Lease. Any waiver by Lessors must be by a <br />written instrument executed by Lessors clearly describing the waiver and its <br />extent. <br />22. SURRENDER OF LEASED PREMISES. Upon the expiration or other <br />termination of the term of this Lease, Lessee shall quit and surrender the Premises <br />• in good order, repair, and in clean condition, and shall remove all of its property <br />therefrom, except as otherwise provided in this Lease. <br />23. ESTOPPEL CERTIFICATE. Lessee shall, without charge therefore, at any <br />time and from time to time, within ten (10) days after receipt of a written request <br />by Lessors, execute, acknowledge and deliver to Lessors a written estoppel <br />certificate certifying to Lessors or any purchaser of the Premises, or any other <br />person designated by Lessors, as of the date of such certificate, to be prepared at <br />Lessors' expense, stating whether or not Lessee is in possession of the Premises; <br />whether or not this Lease is unmodified and in full force and effect; whether or <br />not there are then existing any setoffs or defenses against the enforcement of any <br />right or remedy of Lessors known to Lessee at that time; the dates, if any, to <br />which any rent or other charges have been paid in advance; that Lessee has no <br />knowledge of any then uncured defaults on the part of the Lessors under this <br />Lease or if Lessee has knowledge of any such uncured defaults, specifying the <br />same; that Lessee has no knowledge of any event having occurred that authorizes <br />the termination of this Lease by Lessee; and the address to which notices to <br />Lessee should be sent. Further, Lessors agree to provide an estoppel certificate <br />covering the same items to Lessee or other person designated by Lessee without <br />charge, within ten (10) days of Lessee's request for the same. <br />24. NOTICES. Any notice which either party may or is required to give shall be <br />• given by mailing the same, postage prepaid, to the following and, unless otherwise <br />0 <br />
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