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be deemed to be occupying the Premises as a Lessee from month to month at the same rent and <br />subject to all of the other terms, provisions and obligations of this Lease insofar as the same are <br />applicable to a month -to -month Lessee. At any time, either party may terminate such <br />month -to -month tenancy by written notice delivered to the other party at least thirty (30) days in <br />advance of the termination date. If Lessee remains in possession of the Premises, without the <br />written consent of Lessor, after the expiration or termination of the subtenancy created <br />hereunder, then (a) Lessee shall pay to Lessor for each day of such possession one hundred fifty <br />percent (150 %) of all rent for which this Lease provides, computed on a daily basis, and <br />(b) indemnity and hold Lessor harmless from any loss, cost, claim, liability or damage arising out <br />of, or connected with such possession. <br />ARTICLE XVI <br />MISCELLANEOUS <br />16.1 Covenant of Quiet Enjoyment. Lessor warrants that Lessee, upon making <br />the payments and performing the other covenants and agreements of this Lease on its part to be <br />performed, shall have peaceful and quiet possession of the Premises during the Term. <br />16.2 Remedies Cumulative - Non - Waiver. The various rights and remedies <br />herein contained and reserved to each of the parties shall not be considered as exclusive of any <br />other right or remedy of such party, but shall be construed as cumulative and in addition to every <br />other right or remedy now or hereafter existing at law, in equity, or by statute, and said rights and <br />remedies may be exercised and enforced concurrently and whenever and as often as occasion <br />therefore arises. No delay or omission to exercise any right or power by either party shall impair <br />any such right or power, or be construed as a waiver of any default or as acquiescence therein. <br />One or more waivers of any covenant, term or provision of this Lease by either party shall not be <br />construed by the other party as a waiver of a subsequent or continuing breach of the same or any <br />other covenant, term or provision. The consent or approval by either party to or of any act by the <br />other party of a nature requiring consent or approval shall not be deemed to waive or render <br />unnecessary consent to, or approval of, any subsequent similar act. <br />16.3 Recording. Neither this Lease, nor any Memorandum thereof, shall be <br />recorded. <br />16.4 Applicable Law. The law of the State of Indiana shall govern the <br />construction, performance and enforcement of this Lease. The headings of the several Articles <br />and Sections contained herein for convenience only do not define, limit or construe the contents <br />of such Articles and Sections. All negotiations, considerations, representations and <br />understandings between the parties are incorporated herein. <br />16.5 Construction of Terms. Whenever the singular or plural number, or <br />masculine, feminine or neuter gender, is used herein, it shall equally include the other, and the <br />terms and provisions of this Lease shall be construed accordingly. Whenever the term <br />"including" is used herein, it shall be deemed to mean, "including, without limitation," and <br />neither the use of such term nor the listing of examples shall be deemed to effect any limitation. <br />Ilea <br />US. 54381124.05 <br />