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-6- <br /> <br /> 10. The provisions of this Assignment shall Be binding upon <br />J~ssignor and Assignee's successors and ass~s as lessee under the Lease, <br />and sh~ll i.nure to the benefit of Assignor and Assignee's successors and <br />assigns as Landlord under the Ground Lease and of this Assignment. <br /> <br /> 11. ~o failure or delay on the .l~art of Assignee in exercising <br /> <br />any power or right hereunder shall operate as a waiver thereof or a waiver <br />of any other term, provision or condition hereof, nor shall any single or <br />partial exercise of any such right or power preclude any other or further <br />exercise thereof or the exercise of any other right or power hereunder. Ail <br />rights an~ remedies of Assignee hereunder or under the Ground Lease are <br />cumulative and shall not be deemed exclusive of any other rights or remedies <br />provided by law. <br /> <br /> 12. This Agreement embodies the entire agreement and understanding <br /> between the parties relating to the subject matter hereof and may not be <br /> amended, waived or discharged except by an instrument in writing executed hy <br /> the party against which enforcement of such amendment, waiver or discharge <br /> is sought. <br /> <br /> IN WITNESS WHEREOF, the Assignor has caused this instrument to be <br /> exevuted by its d~ly authorized officers as of the '"':' day of September, 1972. <br /> <br />M~RWOOD, INC. <br /> <br /> C.-Stephen Babin, President <br /> <br />and /iz... / <br /> "Albert E. Fowerbaugh, Secretary <br /> ! <br /> <br /> <br />