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38. That the waiver by LESSOR of any breach by LESSEE of the terms, covenants, <br />conditions, or provisions of this Lease shall not be deemed to be a waiver of any other breach of the <br />same or other term, covenant, condition, or provision of this Lease, regardless of when the breach <br />has occurred. <br /> <br /> 39. That, in case any one or more of the provisions contained in this Lease shall, for any <br />reason, be held by a Court of competent jurisdiction to be invalid, illegal, or unenforceable in any <br />respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Lease, <br />and this Lease shall be construed as if the invalid, illegal, or unenforceable provision had never been <br />included in the Lease. <br /> <br /> 40. That this Lease constitutes the sole and only agreement of the parties to this Lease and <br />supercedes any prior understandings or written or oral agreements between the parties respecting the <br />subject matter of this Lease. <br /> <br /> 41. That no amendment, modification, or alteration of the terms of this Lease shall be <br />binding unless it is in writing, dated subsequent to the date of this Lease, and duly executed by the <br />parties of this Lease. <br /> <br /> 42. That the rights and remedies provided by the Lease are cumulative, and the use of any <br />one right or remedy by LESSOR shall not preclude or waive its right to use any or all other remedies. <br />These rights and remedies are given in addition to any other rights the LESSOR may have by law, <br />statute, ordinance, or otherwise. <br /> <br />Master Lease Agreement - page 24 <br /> <br /> <br />