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25. MISCELLANEOUS <br />25,1 Time of Essence: Time is of the essence with respect to each provision of this <br />Lease. Any reference in this Lease to "days" shall mean calendar days. <br />25.2 Successors and Assigns: This Lease shall be binding upon and inure to the <br />benefit of Landlord and Tenant and, except as otherwise provided herein, their <br />respective successors and assigns. <br />25.3 Real Estate Brokers: Except for North Pointe Realty, Inc., whose entire <br />commission shall be paid by Landlord pursuant to separate agreement, each <br />party represents that It has not had any dealings with any real estate broker, <br />finder, or other person with respect to this Lease. Each party shall hold harmless <br />the other from all damages or claims that may be asserted by any broker, finder, <br />or other person with whom the Indemnifying party has purportedly dealt. <br />25.4 Applicable Laws: This Lease shall be governed, construed and interpreted in <br />accordance with the laws of the State of Ohio. <br />25.5 Modification: This Lease contains all the agreements of the parties and cannot be <br />amended or modified except by a written instrument signed by both Landlord and <br />Tenant. <br />25.6 Ca tions: The captions of this Lease shall have no effect on the interpretation of <br />this Lease. <br />25.7 Severabilitv: The unenforceability, invalidity, or illegality of any provision herein <br />shall not render the other provisions unenforceable, invalid or illegal. <br />25.8 Exhibits: All exhibits to this Lease shall be deemed to be incorporated herein by <br />the individual reference to each such exhibit, and shall be deemed to be a part of <br />this Lease as though set forth in full in the body of this Lease. <br />25.9 Remedies Cumulative: Except as expressly set forth in this Lease, the specific <br />remedies to which Landlord or Tenant may resort are cumulative and are not <br />intended to be exclusive of any other rernedies or means of redress to which they <br />may be entitled at law or in equity. <br />25.10 emission Not an Offer: The submission of this Lease or a summary of any of <br />its provisions for examination and review does not constitute an offer to lease on <br />the terms of this Lease or those provisions, and this Lease shall not be effective or <br />binding on Landlord or Tenant until execution and delivery by both, <br />25,11 Waivers: The failure of Landlord to insist upon the strict performance of any <br />obligation of Tenant under this Lease or to exercise any right, power or remedy <br />upon a breach hereof shall not constitute a waiver or relinquishment of any such <br />obligation. A receipt of Rentals by Landlord or a payment of Rentals by Tenant, <br />with knowledge of the breach of any obligation hereunder, shall not constitute a <br />waiver or relinquishment of any such obligation. The making or receipt of such <br />payment after the termination of this Lease or after the service of any notice or <br />after the commencement of any suit or after final Judgment for possession of the <br />13 <br />