Minutes-2/10/1999

23. NOTICES AND DEMANDS. Notices as provided for in this lease shall be given to the respective parties hereto at the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 24. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS; ETC. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto, except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 26. RELEASE OF DOWER. Spouse of Landlord, appears as a party signatory to this lease solely for the purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in the leased premises. 27. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 28. RELEASE OF LIABILITY AND INDEMNITY. As part of consideration for this Agreement, the Tenant hereby releases and discharges Landlord from any liability for injuries suffered by the Tenant or its agents, employees, subcontractors, or invitees during the term of this Lease Agreement. Further, Tenant agrees to protect, indemnify and save harmless Landlord from and against any and all loss, cost, damage, and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. 29. ATTORNEY'S FEES. If any action at law or in equity shall be brought to recover any rent under this lease, for or on account of any breach of or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the recovery of the possession of the premises, the Landlord shall be entitled to recover from the Tenant, as part of the Landlord's cost, reasonable attorney's fees, the amount of which shall be fixed by the Court and shall be made a part of any judgment or decree rendered. 30. TIME IS OF THE ESSENCE. Time is of the essence of this lease and for each and every covenant, term, condition, and provision of it. 31. SEVERABLE PROVISIONS. Each provision, section, sentence, clause, phrase and word of this lease is intended to be severable. If any provision, section, sentence, clause, phrase or word of this lease is illegal or invalid for any reason whatsoever, that illegality or invalidity shall not affect the legality or validity of the remainder of this lease. 32. OPTION TO PURCHASE. Tenant shall have the option to purchase the leased premises for a total purchase price of $303,000.00 upon the expiration of the lease term. Notice of the exercise of this option shall be provided to the Landlord any time after February 15, 1999 and before December 1, 2000. Upon receiving written notice of the Tenant's exercise of the option, Landlord shall be obligated to provide merchantable title to the premises subject only to those liens or encumbrances placed on the premises or assumed by the Tenant and Landlord shall forthwith deliver its good and sufficient warranty deed on or before January 1, 2001.