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breach (without creating any future obligation on the Lessor or Lessee to <br />comply), and the costs of that compliance shall be payable on demand. <br />9. INSOLVENCY, BANKRUPTCY, ETC. OF LESSEE. If the <br />Lessee is declared. insolvent or adjudicated a bankruptcy or if Lessee makes <br />an assignment for the benefit of creditors, or if Lessee's leasehold interest <br />is sold under execution or a trustee in bankruptcy or a receiver appointed <br />for Lessee, Lessor, without prejudice to its rights hereunder and at its <br />option, may terminate this lease and retake possession of the premises <br />immediately and without notice to Lessee, subtenants or any assignee, <br />transferee, trustee or any other person or persons, using force if <br />necessary. <br />10. ELECTION BY LESSOR NOT EXCLUSIVE. The exercise by <br />Lessor of any right or remedy to collect rent or enforce its rights under <br />this lease shall not constitute a waiver of, or preclude the exercise of, any <br />other right or remedy afforded Lessor by this lease agreement or by statute <br />or law. The failure of Lessor in one or more instances to insist on strict <br />performance or observations of one or more of the covenants or conditions of <br />this lease, or to exercise any remedy, privilege or option conferred by this <br />lease on or reserved to Lessor, shall not operate or be construed as a <br />relinquishment or future waiver of the covenant or condition or the right to <br />enforce it or to exercise that privilege, option or remedy, but that right <br />shall continue in full force and effect. The receipt by Lessor of rent, or <br />any other payment or part of payment required to be made by the Lessee, <br />shall not act to waive any other additional rent or payment then due. Nor <br />shall receipt, though with the knowledge of the breach of any covenant or <br />condition of this lease, operate as or be deemed to be a waiver of this <br />breach, and no waiver by Lessor of any of the provisions of this lease, or <br />any of Lessor's rights, remedies, privileges, or options under this lease <br />shall be deemed to have been made unless made by Lessor in writing. <br />No surrender of the premises for the remainder of the term of this <br />lease shall be valid unless accepted by Lessor in writing. Lessee shall not <br />assign nor sublet this lease at any higher rental rate than contained herein. <br />Any assignment or sublease shall require the express prior written consent <br />of Lessor. The only potential assignment or sublease of these premises <br />