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became performable prior to the determination of the outcome of '
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such litigation or the earlier abandonment of defense by the ~
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Lessee. ~
42. EASEMENTS UPON THE PREMISES. The demised premises
are subject to such easements for public utilities as now appear of
public record and Lessor shall have at all times the exclusive
right to create upon or over such of the demised premises for any
and all public utilities, easements from time to time as the Lessor
in its discretion shall deem appropriate, free and clear of the
provisions of this lease, provided only that such future ease-
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ments shall be for the purpose, in whole or in part, of supplying ~
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; utilities to the demised premises, or for the purpose of drainage. ~
; 43. TIME OF THE ESS$NCE. Time is of the essence in
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~ every particular and especially where the obligation to pay money
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~ 44. WAIVER, EXTENSION AND INDULGENCES. No Waiver,
~ extension or indulgence granted by the Lessor on any one occasion
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~ as to any breach shall be construed as a waiver, extension or
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x indulgence of any succeeding breach of the same covenant.
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~ 45. CHANGES IN WRITING. No modification, release or
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~ discharge-or waiver of any provision hereof shall be of any force, _
~ effect or value unless in writing, signed by the Lessor.
~ 46. COVENANTS RUNNING WITH THE LAND. All covenants, ~
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promises, conditions and obligations herein contained or implied
~ by•laa? are covenants running with the demised premises and covenants
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