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days, the right to terminate the lease for such cause -shall not <br />exist; provided, that nothing herein contained :;hall relieve the <br />Lessee from liability for rent or damage where such damage or <br />destruction shall be caused by the carelessness, ner*,ligence or <br />improper conduct of the Lessee, his agents or servants. <br />18. It is expressly agreed that no waiver nor apparent %4aivc -r, <br />nor the failure of Lessor to require strict performance of, any con- <br />dition, covenant or agreement shall estop the Lessor from enforc- <br />ing such condition, covenant or agreement, nor any other condition, <br />covenant or agreement shall at any time be implied. <br />19. At the termination of this lease, by lapse of time or <br />otherwise, Lessee will yield up immediate possession to Lessor, <br />and failing so to do, will pay as liquidated damages for each d ai <br />such possession is withheld, a sum equal to one hundred (100) times <br />the per diem rental; but the provisions of this clause shall not be <br />held as a waiver by Lessor of any rights of re- entry as herein set <br />forth; nor shall the receipt o.f said rent or any part thereof,.or <br />any other act in apparent affirmance of tenancy, operate as a waiver <br />of the right to forfeit this lease and the term hereby granted for_ <br />the period still unexpired, for any breach of any of the cov-enant5 <br />herein. <br />20. It is also agreed that the Lessee shall pay and dischar: ?e . <br />all reasonable costs, attorney's fees and expenses that shall be: <br />made and incurred by the Lessor in enforcing the covenants and aErree- <br />ments of this lease, including the agreements to deliver possession <br />-far any re -ason_ herein provided; and all the parties to this lease <br />agree that the covenants and agreements herein contained shall be <br />binding upon, apply and inure to their respective heirs, executors, <br />. <br />administrators, successors and assigns, and the terms "Lessor" and <br />"Lessee" shall embrace all of the parties hereto irrespective of <br />number or gender. <br />21. It is agreed that all payments herein provided to be rgade <br />shall be made without relief from valuation or appraisement laws, <br />and all payments required to be made which shall not be made at the <br />time due shall bear interest at the rate of eight per cent per annum <br />from date of delinquency. <br />22. Lessee shall obtain a general public liability policy of <br />not less than Five Hundred Thousand Dollars ($500,000.00) in the name <br />of the Lessee, and shall file with the Lessor a certificate certify- <br />ing as to the existence of such coverage. Further, Lessee shall hold <br />the Lessor harmless from any and all claims arising out of the use of <br />the premises by the Lessee. This contractual assumption of liability <br />shall be insured in the general liability policy. <br />23. Lessee shall maintain lawn and shrubbery in a well groomed <br />condition. ' <br />24. The Lessor shall retain the right to occupy, for a reason- <br />able adjustment of the lease the <br />which the Lessee fails t o Occupy and ue <br />described in paragraph one (1) hereto. <br />25. It is agreed that the Lessor may <br />cancel this lease by y <br />giving ninety (90) days notice to the tenant. <br />26. <br />The parties Hereto mutually covenant that the <br />empriorlea::i <br />agreement taking effect onremiuesyin3St.9Jose h County, State of <br />the same above described p p <br />Indiana, is hereby declared null and void upon the signing of this <br />instrument. , <br />- 4 - <br />