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through or under such mortgage, security agreement or lien, that Lessee's rights hereunder shall <br /> not be disturbed so long as this Lease has not been terminated. Lessee also agrees that in the <br /> event that any such mortgagee, assignee or purchase from a mortgagee or secured party as <br /> hereinabove described acquires Lessor's interest in the Premises, or any portion thereof, by <br /> foreclosure or other remedy or action, Lessee shall attorn to and recognize such party as the <br /> successor Lessor hereunder. <br /> 22. 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 default <br /> by the other, provided that in all cases notice and an opportunity to cure shall be given before <br /> remedies for default are enforced. Failure of Lessor or Lessee to complain of any act or <br /> omission on the part of the other party, no matter how long the same may continue, shall not be <br /> deemed to be a waiver by said party of any of its rights hereunder. No waiver by Lessor or <br /> Lessee at any time, express or implied, of any breach of any provision of this Lease shall be <br /> deemed a waiver of a breach or any other provisions of this Lease or a consent to any subsequent <br /> breach of the same or any other provision. No acceptance by Lessor of any partial payment shall <br /> constitute an accord or satisfaction but shall only be deemed a part payment on account. <br /> 23. 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 /> 24. 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 other; <br /> provided that disclosure by Lessor to a prospective purchaser or lender is permitted. Neither <br /> party shall record this Lease without the consent of the other. <br /> 25. 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 /> 26. Entire Agreement. This Lease supersedes all prior negotiations, agreements and <br /> understandings between the parties regarding the subject matter hereof. This Lease contains the <br /> entire agreement between the parties hereto, and neither it nor any part of it may be changed, <br /> altered, modified, or limited orally or by any agreement between the parties unless such <br /> agreement be expressed in writing, signed by Lessor and Lessee, or their respective heirs, <br /> personal representatives, successors and assigns. <br /> 27. 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, this <br /> Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being <br /> construed against a Party because it was responsible for drafting one or more provisions of this <br /> Agreement. <br /> 28. Review. Both the Lessor and Lessee acknowledge that they have consulted with their <br /> respective legal and tax counsel in relation to this Lease. <br /> 29. Controlling Law - Attorney's Fees. This lease, and all terms hereunder, shall be <br /> construed consistent with the laws of the State of Colorado. Any dispute resulting in litigation <br /> hereunder shall be resolved in court proceedings instituted in Colorado and in no other <br /> ACTIVE 41147961 vI 07106,%2016 6 <br />