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<br />payable by Grantee under this Easement shall be increased such that the Rent and other sums payable hereunder shall <br />equal two hundred percent (200%) of the amount(s) payable immediately prior to Grantee's holdover. <br /> <br />18.02. The above-described tenancy from month-to-month may be terminated by either party upon thirty (30) days <br />written notice to the other. <br /> <br />ARTICLE XIX. Terminology and Miscellaneous <br /> <br />19.01. With respect to terminology in this Easement, each number (singular or plural) shall include all numbers, and each <br />gender (male, female or neuter) shall include all genders. If any provision of this Easement shall ever be held to be <br />invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Easement, but <br />such other provisions shall continue in full force and effect. <br /> <br />19.02. The titles of the Articles in this Easement shall have no effect and shall neither limit nor amplify the provisions of <br />the Easement itself. This Easement shall be binding upon and shall accrue to the benefit of Grantor, its successors and <br />assigns, Grantee, its successors and assigns (or heirs, executors, administrators and assigns, as the case may be). <br /> <br />19.03. In any circumstances where Grantor is permitted to enter upon the Premises during the Easement term, whether for <br />the purpose of curing any default of Grantee, repairing damage resulting from fire or other casualty or an eminent domain <br />taking or is otherwise permitted hereunder or by law to go upon the Premises, no such entry shall constitute an eviction or <br />disturbance of Grantee's use and possession of the Premises or a breach by Grantor of any of its obligations hereunder or <br />render Grantor liable for damages for loss of business or otherwise or entitle Grantee to be relieved from any of its <br />obligations hereunder or grant Grantee any right of off-set or recoupment or other remedy; and in connection with any <br />such entry incident to performance of repairs, replacements, maintenance or construction, all of the aforesaid provisions <br />shall be applicable notwithstanding that Grantor may elect to take building materials in, to or upon the Premises that may <br />be required or utilized in connection with such entry by Grantor. <br /> <br />19.04. Time is of the essence of this Easement. <br /> <br />19.05. The obligation of Grantee to pay all Rent and other sums hereunder provided to be paid by Grantee and the <br />obligation of Grantee to perform Grantee's other covenants and duties hereunder constitute independent, unconditional <br />obligations to be performed at all times provided for hereunder. <br /> <br />19.06. Under no circumstances whatsoever shall Grantor ever be liable hereunder for consequential damages or special <br />damages. <br /> <br />19.07. All monetary obligations of Grantee are performable exclusively in Austin, Travis County, Texas. <br /> <br />19.08. Grantee hereby acknowledges that late payment by Grantee to Grantor of Rent or any other sums due under this <br />Easement will cause Grantor to incur various expenses not contemplated by this Easement, the exact amount of which are <br />presently difficult to ascertain. Accordingly, if any payment of Rent, or any other sum due from Grantee under this <br />Easement shall not be received by Grantor when due, then, in addition to such required payment, Grantee shall also pay to <br />Grantor a "Late Charge" equal to ten cents ($.10) for each One Dollar ($1.00) so past due. Grantor and Grantee agree that <br />such Late Charge represents a fair and reasonable estimate of the expenses that Grantor will incur by reason of such late <br />payment by Grantee. Acceptance of such Late Charge by Grantor shall not constitute a waiver of Grantee's default with <br />respect to any such past due amounts, nor prevent Grantor from exercising any other rights and remedies granted to <br />Grantor under this Easement or at law or in equity. Such Late Charge shall constitute additional rental payable by <br />Grantee under this Easement and is in addition to, and separate from, the Rent and other charges payable under this <br />Easement by Grantee. <br /> <br />CE20050145 <br />lsouthar <br /> <br />8 <br /> <br />newce.doc V3.2 <br />