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Ji h Jyin ; Al 6 ol, mitl lJIJJI'AJ 1166 4 <br />12 <br />17. Assignment by Lessor. Itis contemplated that Lessor will <br />assign certain of its rights under this Lease to the Trustee under the <br />Trust Agreement (herein called `�Assignee"). Assignee may enforce <br />any and all terms of this Lease to the extent provided in the assignment <br />thereof. No action or failure to Tact on the part of the Lessor shall <br />adversely affect or limit any ri ht.s of Assignee. Such assignment <br />shall not release Lessor from any f itsiobligations under this Lease or <br />constitute an assumption of any such ob ' gation on the part of Assigi}ce. <br />Except as herein provided, Lessor shal not assign, transfer, mortgage <br />or otherwise encumber any of its right under this Lease. <br />18. Time of the Essence. Time is of the essence hereof, and waiver <br />by Lessor of a breach of any tern, covenant or condition herein con- <br />tained, whether express or implied, shad not constitute a waiver of any <br />subsequent breach thereof, or a breach' of any other term, covenant or <br />condition herein contained, and acceptance of rent hereunder shall not <br />be a waiver of any breach. <br />19. .Miscellaneous. If any term or provision of this Lease or any <br />application thereof shall be invalid or 'unenforceable the remainder of <br />this Lease and any other applic tion of such term or provision shall <br />not be affected thereby. Neither this Lease nor any team or provision <br />hereof may, be changed, waived, ischarged or terminated orally, but <br />only by an instrument in writing signed by the party against which <br />enforcement of the change, waiver, discharge or termination is sought. <br />The captions of this Lease are for convenience of reference only and <br />shall not define or limit any of the terms or provisions hereof. <br />20. Counterparts. This Lease has been executed and delivered in <br />numerous counterparts, but it is i:itend11ed that all counterparts together <br />shall constitute' only one Lease; rovi4ed, however, that for recording <br />or filing purposes, only the description of the lands in the particular <br />recording or filing jurisdiction need lie included in Schedule "A" of <br />the counterpart hereof to be recorded or filed in such recording or filing <br />jurisdiction. <br />