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iii. If Tenant makes, or has made, or furnishes any warranty, representation <br />or statement to Landlord in connection with the Leases which is or was <br />false or misleading in any material respect when made or furnished. <br />2. Curable defaults <br />i. The failure by Tenant to make any payment of rent or any other <br />payment required to be made by Tenant hereunder, as and when due, <br />where such failure shall continue for a period of three (3) days after <br />written notice thereof by Landlord to Tenant, in which event this Lease <br />shall be terminable at Landlord's option. <br />ii. The failure by Tenant to observe or perform any of the covenants, <br />conditions, or provisions of this Lease to be observed or performed by <br />the Tenant, where such failure shall continue for a period of ten (10) <br />days after written notice thereof by Landlord to Tenant. <br />Remedies. In the event of any non -curable default or breach by Tenant, Landlord <br />shall have the right to terminate this Lease and Tenant's right to possession of the <br />Premises, and Tenant shall immediately surrender possession of the Premises to <br />Landlord. Landlord may recover the following from Tenant. <br />1. The worth at the time of award of the unpaid rent which was due, owing and <br />unpaid by Tenant to Landlord at the time of termination; <br />2. Pursuing any other remedies now or hereafter available to Landlord under the <br />laws or any judicial decision of the state in which the Premises are located. <br />17. GENERAL PROVISIONS <br />Waiver. The waiver by Landlord of any term, covenant or condition herein contained <br />shall not be deemed to be a waiver of such term, covenant, or condition on any <br />subsequent breach of the same or any other term, covenant, or condition herein <br />contained. The subsequent acceptance of rent hereunder by Landlord shall not be <br />deemed to be a waiver of any preceding, breach by Tenant of any term, covenant, or <br />condition of this lease, other than the failure of the Tenant to pay the particular rent <br />so accepted, regardless of Landlord's knowledge of such preceding breach at the <br />time of the acceptance of such rent. <br />Time. Time is of the essence of this Lease, and each and all of its provisions in <br />which performance is a factor. <br />Successors and Assigns. The covenants and conditions herein contained, subject <br />to the provisions as to assignment, apply to and bind the heirs, successors, <br />executors, administrators, and assigns of the parties hereto. <br />Page 5 of 8 <br />