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foreclosure or other remedy I action, Lessee shall attorn to and recognize such party as <br />the successor Lessor hereunder. <br />29. In the event that Lessee shall hold over following the expiration of the term of this Lease, <br />such holding over shall be deemed to be a tenancy from month to month, subject to all <br />the current terms and conditions of this Lease, except that the Royalty (and or minimum <br />royalty) shall be automatically increased to one hundred fifty (150 %) percent of the <br />Royalty paid during the term. Notwithstanding the above, if the cause of Lessee's hold <br />over is not within Lessee's control, the provisions related to increases in Royalties of this <br />section 24 (f) shall not apply. <br />30. Remedies Cumulative; No Waiver. The rights of termination set forth herein are <br />cumulative and not in lieu of any other right a party may have hereunder in the event of <br />default by the other, provided that in all cases notice and an opportunity to cure shall be <br />given before remedies for default are enforced. Failure of Lessor or Lessee to complain <br />of any act or omission on the part of the other party, no matter how long the same may <br />continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. <br />No waiver by Lessor or Lessee at any time, express or implied, of any breach of any <br />provision of this Lease shall be deemed a waiver of a breach or any other provisions of <br />this Lease or a consent to any subsequent breach of the same or any other provision. No <br />acceptance by Lessor of any partial payment shall constitute an accord or satisfaction but <br />shall only be deemed a part payment on account. <br />31. Successors and Assigns. This Lease shall inure to the benefit of and bind the permitted <br />successors, representatives and assigns of the parties hereto. <br />32. Confidentiality; Recording. The parties agree that the terms and conditions of this Lease <br />are confidential and shall not be disclosed to any third party without the consent of the <br />other; provided that disclosure by Lessor to a prospective purchaser or lender is <br />permitted. Neither party shall record this Lease without the consent of the other. <br />33. Headings. The headings of the Sections of this Lease are for convenience of reference <br />only and are not a part of the substantive provisions of this Lease. <br />34. Entire Agreement. This Lease supersedes all prior negotiations, agreements and <br />understandings between the parties regarding the subject matter hereof. This Lease <br />contains the entire agreement between the parties hereto, and neither it nor any part of it <br />may be changed, altered, modified, or limited orally or by any agreement between the <br />parties unless such agreement be expressed in writing, signed by Lessor and Lessee, or <br />their respective heirs, personal representatives, successors and assigns. <br />35. No Construction Against Drafting Party. Each Party has participated in negotiating and <br />drafting this Agreement, so if an ambiguity or a question of intent or interpretation arises, <br />this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to <br />being construed against a Party because it was responsible for drafting one or more <br />provisions of this Agreement. <br />