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A TRUE COPY <br />CERTIFICATION ON LAST PACE <br />J.R. SMITH, CLERK <br />(b) TENANT shall reimburse LANDLORD for any additional damages which <br />LANDLORD suffers by reason of TENANT'S continued occupancy; and <br />(c) TENANT shall indemnify LANDLORD from and against all claims made by <br />any succeeding tenant insofar as such delay is occasioned by TENANT'S failure to <br />surrender the Leased Premises. For purposes of this Section, "Base Rent" shall be that <br />portion of the rent based on a square footage rate, as adjusted by the CPI. <br />17. ACCORD AND SATISFACTION/WAIVER: <br />(a) If the TENANT pays to LANDLORD an amount that is less than the full <br />amount stipulated to be paid under the terms of the Lease Agreement, that payment <br />shall be considered to be made only on account and applied to the stipulated amount <br />due. No endorsement or statement on any check or letter shall be deemed an accord <br />and satisfaction. The LANDLORD may accept any check or payment without prejudice <br />to the LANDLORD'S right to recover the balance due or to pursue any other available <br />remedy. <br />(b) Any default in the payment of the fixed or additional rent or other charges, <br />or any failure of LANDLORD to enforce the provisions of the Lease Agreement upon <br />any default by TENANT, shall not be construed as creating a custom of deferring <br />payment or as modifying in any way the terms of the Lease Agreement, or as a waiver <br />of LANDLORD'S right to terminate the Lease Agreement as herein provided, or <br />otherwise to enforce the provisions thereof for any subsequent default. <br />18. MORTGAGING THE LEASEHOLD: Unless specifically excluded under the <br />Standard or Special Provisions of the Lease Agreement, and unless TENANT is in <br />default under the terms of the Lease Agreement, TENANT shall have the right to <br />mortgage TENANT'S interest created under the Lease Agreement, subject to all the <br />Page 25 of 38 <br />N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx <br />