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34) i Pace Bindins upon Heirs, Personal Representatives. Each and all of the terms,
<br />agreements, covenants, warranties, conditions and stipulations herein contained to be performed
<br />or observed by the Lessor and the Lessee, or by either of them, shall apply to, bind and embrace
<br />not only said Lessor and said Lessee, or either of them, but also their respective heirs, next of
<br />kind, executors, administrators, personal representatives, successors and assigns as fully and
<br />completely as if the words "heirs, next of kin, executors, administrators, personal representatives,
<br />successors and assigns" were added to and made a part of the term "Lessor" and of the term
<br />"Lessee" wherever used in this lease.
<br />35) Short Form. At either party's request, Lessor and Lessee agree to execute a "short
<br />form lease," which short form lease shall be suitable for recording and which Lessor or Lessee
<br />may promptly record. Payment for said recording shall be by the party requesting same.
<br />36) Marginal headings. The marginal headings hereinabove inserted are for
<br />convenience and reference only and are not intended, and shall not be construed, to define or limit
<br />or in any manner affect the scope or meaning of any paragraph or provision of this lease, and such
<br />marginal headings shall not be considered in any construction of this lease.
<br />37) Definitions. Where necessary or appropriate herein, the singular and plural shall be
<br />interchangeable, and words of any gender shall include all genders.
<br />38) Prior Lease. Lessor and Lessee have previously executed cone-year land lease
<br />pursuant to Ordinance No. 80-90 of the City of North Olmsted relating to the use of certain land
<br />constituting a part of Parcel No. 3 described on Exhibits A and B to this lease, and a fifteen year
<br />lease, pursuant to Ord. 81-27. Lessor and Lessee agree that effective upon the commencement
<br />date of this lease, the lease executed pursuant to Ordinance No. 81-27 shall be automatically
<br />terminated and superseded by this lease without further liability to either party; provided,
<br />however, that all existing installations and improvements made or permitted to be made by Lessee
<br />pursuant to Paragraphs 1., 2., and 3. of said lease shall continue to be permitted throughout the
<br />term of this lease, subject to the limitations set forth in such Paragraphs 1., 2., and 3., and any
<br />monies owed by Lessee to Lessor, under the prior lease, authorized by Ord. 81-27, shall remain
<br />due and owing.
<br />IN WITNESS WHEREOF, the parties hereto have executed this document on the date
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