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<br />, <br />1 <br /> <br />23. MISCELLANEOUS PROVISIONS: <br /> <br /> <br />a. The failure of any party to insist in one or mo~e <br /> <br /> <br />cases upon the strict performance or observance of any of the <br /> <br /> <br />covenants, ~greements or conditions of this Lease Agreement shall <br /> <br /> <br />not be construed as a waiver or relinquishment in any future case of <br /> <br /> <br />such covenant, agreement or condition. <br /> <br />b. No waiver by any party of any covenant, agreement <br />or condition of this Lease Agreement shall be deemed to have been <br />made unless expressed in writing ~nd signed by such party. <br /> <br />. <br />c. This Lease Agre~ment cannot be modified orally, <br /> <br /> <br />but only by an agreement in writiv9 signed by each party. <br /> <br /> <br />d. If any term or provision of this Lease Agreement <br /> <br /> <br />or any application thereof is inv~lid or unenforceable, the <br /> <br />remainder of this Lease Agreement and any other application of such <br /> <br /> <br />term or provision shall not be affected thereby unless the water <br /> <br /> <br />yields herlin 'i'eTe1:r-eIFto 'are signH'tcantly dimi'nish~ eherebT.' <br /> <br /> <br />e. The captions in this Lease Agreement are for <br /> <br />convenience of reference only, are not a part of this Lease <br />Agreement and shall not define or limit any of the terms or <br />provisions hereof. <br />f. All rights and duties of the parties hereunder <br />shall inure to the benefit of and be binding upon the respective <br />successors and assigns of the parties hereto. <br />g. This Lease Agreement constitutes the entire <br />agreement between and among the parties with respect to the subject <br />matter hereof and supersedes all ~rior agreements and <br /> <br />10_ <br />