18. NO WAIVER OF COVENANTS. No waiver of any default hereunder shall be
<br /> implied from any omission by either party to take any action on account of such default if such
<br /> default persists or is repeated and no express waiver shall affect any default other than the default
<br /> specified in the express waiver and that only for the time and to the extent therein stated. The
<br /> acceptance by Lessor of rent with knowledge of the breach of any of the covenants of this lease
<br /> by Lessee shall not be deemed a waiver of any such breach. One or more waivers of any breach
<br /> 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 /> 19. 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 /> 20. HOLDING OVER. If Lessee, with the consent, express or implied, of the Lessor,
<br /> shall hold over after the expiration of the term of this lease, the Lessee shall remain bound by all
<br /> the terms, covenants, and agreements hereof, except that the tenancy shall be from month to
<br /> month, at the same monthly rent payable for the last month of the lease term.
<br /> 21. 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 /> 22. 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 /> 23. LEASE TAX. The possessory interest of Lessee in the Premises herein leased is
<br /> subject to taxation under the laws of the State of Washington(Ch. 61, 1975-1976 Laws, 2d Ex.
<br /> Sess., as amended) at the present rate of twelve point eighty four percent (12.84%), or as may be
<br /> amended by Washington State legislation, of the taxable rent to be paid to the Lessor monthly
<br /> under the terms of this lease. This tax is included in the monthly rent required above and Lessor
<br /> agrees to pay over to the State Department of Revenue the aforesaid leasehold excise tax in
<br /> accordance with the statutes governing same.
<br /> 24. RECORDING. Lessee and Lessor agrees that Lessor, at its sole option and at any
<br /> time prior to the expiration of this lease, may file same or a Memorandum Form thereof for
<br /> recording with the Director, Records and Elections, Snohomish County, Washington. If a
<br /> Memorandum Form of the lease is filed for recording, Lessee agrees to execute and return same
<br /> promptly upon receipt from Lessor.
<br /> 25. TIME. Time is of the essence of this agreement.
<br /> 26. 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
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