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of any covenant, term, or condition of this lease shall not be construed as a waiver of any
<br /> subsequent breach of the same covenant,term, or condition.
<br /> 18. DELAYED POSSESSION. In the event of the inability of Lessor to deliver
<br /> possession of the Premises for any reason whatsoever at the time of the commencement of the
<br /> term of this lease, neither Lessor nor its agents shall be liable for any damage caused thereby, nor
<br /> shall this lease thereby become void or voidable,nor shall the term herein specified by in any
<br /> way extended, but in such event Lessee shall not be liable for any rent until such time as Lessor
<br /> can deliver possession, and in the event that possession is delayed over ninety(90) days, Lessee
<br /> shall have the right to terminate this lease.
<br /> 19. HEIRS. The rights, liabilities, and remedies provided for herein shall extend to the
<br /> heirs, legal representatives, successors and, so far as the terms of this lease permit, assigns of the
<br /> parties hereto; and the words "Lessor" and "Lessee" and their accompanying verbs or pronouns,
<br /> wherever used in this lease, shall apply equally to all persons, firms or corporations which may
<br /> be or become parties hereto.
<br /> 20. RULES. Lessee agrees to abide by the rules and regulations governing the operation
<br /> of the Premises made by Lessor from time to time, and will use reasonable methods to induce
<br /> customers, clients and all persons invited by Lessee to said Premises to observe the same.
<br /> 21. LEASE TAX. The possessory interest of Lessee in the Premises herein leased is not
<br /> subject to leasehold taxation under the laws of the State of Washington. (Ch. 61, 1975-1976
<br /> Laws, 2d Ex. Sess., as amended).
<br /> 22. RECORDING. Lessee agrees that Lessor, at its sole option and at any time prior to
<br /> the expiration of this lease, may file same or a Memorandum Form thereof for recording with the
<br /> Director, Records and Elections, Snohomish County, Washington. If a Memorandum Form of
<br /> the lease is filed for recording, Lessee agrees to execute and return same promptly upon receipt
<br /> from Lessor.
<br /> 23. TIME. Time is of the essence of this agreement.
<br /> 24. HAZARDOUS MATERIAL. Lessee shall not cause or knowingly permit any
<br /> Hazardous Material to be brought upon, kept, or used in or about the Premises by Lessee, its
<br /> agents, employees, contractors, or invitees,without the prior written consent of Lessor. Lessee's
<br /> request for use of commercial products that may be considered Hazardous Materials shall
<br /> include a listing of the products, their intended uses by Lessee, and the manufacturer's Material
<br /> Safety Data Sheet for each product, as prepared in accordance with 29 CFR 1910.1200 (hazard
<br /> communication). Lessee's request shall also include a statement that Lessee will handle, store,
<br /> and dispose of the products in accordance with the manufacturers' Material Safety Data Sheets.
<br /> Lessor shall not unreasonably withhold consent as long as Lessee demonstrates to Lessor's
<br /> reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee's business
<br /> and will be used,kept, and stored in a manner that complies with all laws regulating any such
<br /> Hazardous Material,brought upon or used or kept in or about the Premises.
<br /> If Lessee breaches the obligation stated in the preceding paragraph, or if the presence of
<br /> Hazardous Material on the Premises caused or permitted by Lessee results in contamination of
<br /> the Premises, or if contamination of the Premises by Hazardous Material otherwise occurs for
<br /> which Lessee is legally liable to Lessor for damage resulting therefrom,then Lessee shall
<br /> indemnify, defend, and hold Lessor harmless from any and all claims,judgments, damages,
<br /> penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of
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