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No covenant, term or condition or the breach thereof <br />shall be.deemed waived, except by written consent of the party <br />against whom the waiver is claimed and any waiver or the breach <br />of any covenant,. term or condition shall not be deemed to be a <br />waiver of any preceding or succedding breach of the s~.me or any <br />other covenant, term or condition. Acceptance by Landlord of any <br />performance by Tenant after the time the same shall have become <br />due shall not constitute a waiver by Landlord of the breach or <br />default of any covenant, term or condition unless otherwise <br />expressly agreed to by Landlord in writing. <br />16.9 Surrender of Premises <br />The voluntary or other surrender of this Lease by <br />Tenant, or a mutual cancellation thereof, shall not work a merger <br />.and shall, at the option of the Landlord, terminate .all or any <br />exisiting sublease or subtenancies, or may, at the option of <br />Landlord, operate as an assignment to it of any or all such <br />subleases or subtenancies. <br />16.10 Holding Over <br />If Tenant remains in possession of all or any part of <br />the premises after the expiration of the term hereof, with or <br />without the express or implied consent of Landlord, such tenancy <br />shall be from month to month only and not a renewal hereof or an <br />extension for any further term and in such case, rent and other <br />monetary sums due hereunder shall be payable in the amount and at <br />the time specified in this lease and such month to month tenancy <br />shall be suject to every other term, covenant and agreement <br />contained herein. <br />-28- <br />