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interruption by Landlord or any other person or persons lawfully or <br /> equitably claiming by, through or under the Landlord, subject <br /> nevertheless, to the terms and conditions of this Lease . <br /> 22 . RIGHT OF FIRST REFUSAL. Landlord hereby grants to Tenant <br /> a right of first refusal to purchase the Premises, which must be <br /> exercised, if at all, in the manner hereinafter set forth. In the <br /> event that the Landlord receives a bona fide offer to purchase the <br /> Premises on price, terms and conditions which it is willing to <br /> accept, it shall give prompt written notice of such offer to Tenant <br /> ( "ROFR Notice") . The ROFR Notice shall include a copy of such <br /> offer, provided that Landlord may delete the name of the <br /> prospective purchaser, unless Tenant agrees that such identity <br /> shall be held confidentially to the extent permitted by applicable <br /> law. Within ten (10) days from the date such ROFR Notice is given, <br /> Tenant shall may exercise its right of first refusal by executing <br /> and delivering to the Landlord a written contract containing the <br /> same price, terms and conditions as set forth in the ROFR Notice, <br /> with no material additional terms or conditions . Such contract <br /> shall be signed and accepted by the Landlord and the parties shall <br /> proceed to close in accordance with the terms thereof . In the <br /> event that the Tenant fails to exercise this option as herein <br /> provided, and Landlord closes the sale of the Premises <br /> substantially in accordance with the terms of the ROFR Notice, such <br /> option shall terminate and shall not be exercisable as to any <br /> future sale by Landlord, its successors or assigns . <br /> 23 . ACCORD AND SATISFACTION. No payment by Tenant or receipt <br /> by Landlord of any amount less than is due hereunder shall be <br /> deemed to be other than payment towards or on account of the <br /> earliest portion of the amount then due, nor shall any endorsement <br /> or, statement on any check or payment (or in any letter accompanying <br /> any check or payment) be deemed an "accord and satisfaction" (or <br /> payment in full) , and Landlord may accept such check or payment <br /> without prejudice to Landlord' s right to recover the balance of <br /> such amount or pursue any other remedy provided herein. <br /> 24 . REMEDIES CUMULATIVE -- NONWAIVER. No remedy herein or <br /> otherwise conferred upon or reserved to Landlord or Tenant shall be <br /> considered exclusive of any other remedy, but the same shall be <br /> distinct, separate and cumulative and shall be in addition to every <br /> other remedy given hereunder, or now or hereafter existing at law <br /> or in equity or by statute, and every power and remedy given by <br /> this Lease to Landlord or Tenant may be exercised from time to time <br /> as often as occasion may arise, or as may be deemed expedient . No <br /> delay or omission of Landlord or Tenant to exercise any right or <br /> power arising from any default on the part of the other shall <br /> impair any such right or power, or shall be construed to be a <br /> waiver of any such default or an acquiescence thereto. No <br /> provision of this Lease shall be deemed to have been waived by <br /> Landlord unless such waiver shall be in writing and is signed by <br /> Landlord and the acceptance of rent by Landlord shall not be deemed <br /> 10 <br />