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Mar 05 03 01:06p ZITAGE BANK l '28454598 p.21 <br />200402532 <br />C. Remove from the Premises all fixtures and personal property of Tenant. <br />Tenant shall, at Tenant's expense, repair any damage to the Premises arising from the <br />removal of such fixtures or personal property; <br />d. Surrender the Premises to Landlord in the same condition as when <br />received, ordinary wear and tear and loss by or other unavoidable casualty excepted; <br />12. Rights_ Reserved to Landlord. Landlord shall have the following rights <br />exercisable without notice and without liability to Tenant for damage or injury to property, <br />person or business, and without affecting an eviction or disturbance of Tenant's use or <br />possession, or giving rise to any claim for setoff or abatement of responsibilities by Tenant <br />in lieu of cash rent. <br />a. inspection. At any reasonable time or times, to enter and inspect the <br />Premises and to make at its own expense any necessary repairs, alterations, additions, or <br />improvements, structural or otherwise, provided that such work shall not be carried on in <br />such manner as to deny Tenant the reasonable use of the Premises; and such <br />improvements, alterations, or additions shall not materially change the general appearance, <br />location, or area of the Premises, <br />b, Exclusivit y. To grant to anyone the exclusive right to conduct any business <br />or render any service on the Premises, provided such exclusive right shall not operate to <br />exclude Tenant from the use of the Premises. <br />13. General Agreements. <br />a. No Waiver. No waiver by Landlord of a default by Tenant shall be implied <br />and no express waiver shall extend to any default other than that specified therein and then <br />only for the period and to the extent specifically stated. The failure of Landlord to insist <br />upon strict performance by Tenant of any of the covenants,. conditions, and agreements of <br />this Agreement shall not be deemed a waiver of any of the Landlord's right or remedies <br />and shall not be deemed a waiver of any subsequent breach or default by Tenant or any <br />covenant, condition, or term of this Agreement, <br />b. Subordination.. This Agreement and any interest hereunder shall be <br />subordinate to any mortgages and /or deeds of trust that may hereafter be placed upon the <br />Premises by the Landlord and to any and all advances to be made thereunder and to the <br />interest thereon, and to all renewals, replacements and extensions thereof. <br />C. Entire = ement. This Agreement contains the entire agreement between <br />the parties and shall not be modified in any manner except by an instrument in writing <br />executed by the parties hereto. This Agreement shall be binding upon and shall inure to <br />the benefit of the parties hereto and their respective heirs, personal representatives, <br />successors, and permitted assigns. The use of one gender in the Agreement shall include <br />