FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)

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ARTICLE 47. ACCORD AMID SATISFACTION, RECEIPT OF HONEY. No payment by Tenant or receipt by Owner of a lesser amount than the basic rent and additional rent (jointly called "rent" in this Article) herein stipulated shall be deemed to be other than on account of the earliest stipulated rent due and not yet paid, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satis— faction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease. It receipt of mxney by Owner from Tenant after the termination of this lease, after the service of any notice relating to the termination of this Lease, after the comMEicerent Of any suit, or after final judgment for possession of the Premises, shall reinstate, continue or extend the term of this lease or affect any such notice, demand, suit or judgment. ARTICLE 48. RfT17R M. Neither Tenant nor Owner shall record this Lease or any memorandum or short form thereof without the prior written consent of the other party. ARTICLE 49. A. if Tenant executes this lease as a partnership, each individual executing this lease on behalf of said partnership represents and warrants that he or she is a general partner of said partnership, and that this Lase is binding upon said partnership in accordance with its terms. B. if Tenant executes this Lease as a division or subsidiary of a corporation: 1) Each of the persons executing this Lease on behalf of Tenant does hereby covenant and war— rant that the parent corporation is a duly authorized and existing corporation, that Tenant or the parent corporation has (and is qualified to do) business in California, that Tenant has full right and authority to enter into this lease on behalf of the parent corporation as well as an it own behalf, and that each person signing this Lease on behalf of Tenant was authorized to do so; and 2) Tenant shall, within 30 days after request by Owner, deliver to Owner a certified copy of a resolution of the Board of Directors of the parent corporation authorizing or ratifying the execu— tion of this Lase. C. If Tenant executes this Lease as a corporation, each of the persons executing this lease on behalf of Tenant does hereby covenant and warrant that Tenant is a duly authorized and existing corporation, that Tenant has (and is qualified to do) business in California, that the corporation has full right and authority to enter into this Lease, and that each person signing this Lase on behalf of the corporation is authorized to do so. MAR 1988 —23—