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Landlord of any of its rghts hereunder. Landlord's consent to a particular- action does not waive the
<br /> requirement for consent to the Sallie action, or a shnilar- action, in the future. No payment by Tenant, or
<br /> acceptance by the Landlord, of a lesser amount than shall be due front Tenant to Landlord shall be treated
<br /> otherwise than as a payment on. account. The acceptance by Landlord of a check for a lesser amount with arl
<br /> endorsement or statement thereon,or upon any letter accompanying such check that such lesser amount is payment
<br /> in full, shall be given no effect, and Landlord may accept such check without prejudice to any other dghts or
<br /> remedies which Landlord may have against Tenant, Failure on the park of Tenant to complain of any action or
<br /> non-action on the part of Landlord, no matter how long the same may conthrue, shall never be deemed to be a
<br /> waiver by Tenant of any of its rights hereunder. Tenant's consent to a particular action does not waive the
<br /> requirement for consent to the saine action,or a similar action,in the future.
<br /> Section 14. Latices. Notices under this Lease shall be in writing and shall be sent by certified nail,
<br /> return receipt requested,or shall be delivered by reputable overnight courier(in the case of notices to Landlord,
<br /> by reputable overmight courier that can deliver to a P.O.Box,or, if the courier cannot deliver to a P.O.Box,then
<br /> to Mashpee Conunons II, LLC c/o Maslipee Conlrnons Limited Partnership, 22 Steeple Street, Mashpee,
<br /> Massachusetts 02649). (A)if intended for Landlord, at the address of Landlord set forth on the first page of tins
<br /> Lease (or to such other address or addresses as may from time to time hereafter be designated,by the Landlord
<br /> by like notice); and (B) if intended for Tenant, at the address of Tenant set forth on the first page of this Lease
<br /> (or to such other address or addresses as inay from time to time hereafter be designated by the Tenant by like
<br /> notice).All such notices shall be effective when received(or receipt is refused)at the address stated herein.
<br /> Section 15. Limitation of Landlord's Liabilily. The covenants of Landlord contained i 1 this
<br /> Lease shall be binding upon Landlord (and Landlord's successors) only with respect to breaches ocew-ring
<br /> during Landlord's (and Landlord's successors') respective ownership of Landlord's interest hereunder, In
<br /> addition, Tenant specifically agrees to look solely to Landlord's interest in the Shopping Venter for recovery of
<br /> any judgment from Landlord; it being specifically agreed that neither Landlord nor any officer, employee,
<br /> owner, affiliate,person or party claiming by, through, or under Landlord shall ever be personally liable for any
<br /> such j udg111ent. In no event shall Landlord ever be liable to Tenant for any indirect or consequential damages.
<br /> Section 16. covenant of Quiet En"o merit. Subject to Landlord's rights and remedies provided in
<br /> this Lease in the event of any default by Tenant,Tenant shall peaceably and quietly bold and enjoy the Premises
<br /> for the Tenn, without hindrance from. Landlord or any party clai.n,1ing by, through, or udder Landlord, but not
<br /> otherwise, subject to the terns and conditions of this Lease.
<br /> Section 17, Force 1 iLieure. Neither Landlord nor-Tenant shall be liable for failure to perfonn any
<br /> obligation under this Lease (other than failure to pay a monetary amount) In the event such party is prevented
<br /> from so performing by strike, extraordinarily inclement weather or because of war or other- emergency, or for
<br /> any other such cause beyond such party's reasonable control (except that financial inability shall never be
<br /> deemed to be beyond such party's reasonable control.).
<br /> Section 18. Estoppel Certificate. From time to time, Tenant shall furrdsh to Landlord and any
<br /> party designated by Landlord, and Landlord shall fur-rri.sh to Tenant and any party designated by Tenant, within
<br /> twenty-one (21) days after either party has made a request therefor, a certificate signed by the other party
<br /> confirming and containing such factual certifications and representations as to this Lease as the other party may
<br /> reasonably request hr writing, and the other party and such designee shall be entitled to reply upon such
<br /> certification. Failure to provide such certificate witlurr such time period, time being of the essence, shall be an
<br /> inunediate Event of Default.
<br /> Section 19. Mechanics' Liens" Tenant shall immediately discharge of record(either by payment or by
<br /> filing of the necessary bond, or otherwise) any mechanics', materialinen's, or other lien against the Premises or
<br /> the Shopping Center, which liens may arise out of any payment due for, or purported to be due for, any labor,
<br /> services, materials, supplies, or equipment alleged to have been f irnlished to or for Tenant on or around the
<br /> Premises.
<br /> 2015
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