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unless the premises shall be tenantable and there is no substantial interference with Tenant's <br /> business. <br /> 23. Subordination of Lease to Mortgage. Tenant agrees that this lease and all rights of Tenant <br /> hereunder shall be subject and subordinate to all present and future mortgages made or to be <br /> made by Landlord as security for any indebtedness of Landlord;provided,however,that the <br /> mortgagee shall agree to recognize this lease in the event of foreclosure and will cause the sale <br /> of said premises to be made subject to Tenant's lease,provided that the Tenant is not in <br /> default under any of the terms,conditions,or covenants of this lease at the time of such <br /> foreclosure. <br /> 24. Parking. Tenant shall have the right to shared used of the Holomua Center parking. <br /> 25. Additional Construction or Remodeling. Landlord reserves the right to remodel,repair,paint, <br /> or renovate the said building or do additional construction at any time. Said work shall be <br /> undertaken by Landlord with minimum interference or inconvenience to Tenant's use of the <br /> premises,and any interference or inconvenience resulting to Tenant or its use of the premises <br /> shall not constitute a breach or violation of Landlord's covenant of quiet enjoyment or any <br /> other covenant. If Landlord's additional work requires entry into Tenant's premises,Landlord <br /> and Tenant shall enter into a written agreement on the terms and conditions of such entry and <br /> work. <br /> 26. Americans with Disabilities Act. Landlord affirms and shall ensure that the building,all <br /> improvements ant its common areas comply with Title III of the Americans with Disabilities <br /> Act("ADA"). <br /> 27. Non-waiver of Breach. The acceptance of rent by Landlord shall not be deemed a waiver by <br /> Landlord of any breach by Tenant or of the right of Landlord to terminate this lease for any <br /> such breach,and that the failure of Landlord to insist upon strict performance of any covenant <br /> or condition of this lease,or to exercise any option herein conferred, shall not be construed as <br /> a waiver or relinquishment for the future of any such covenant or condition but the same shall <br /> remain in full force and effect. <br /> 28. Notice. <br /> a. Notices to the Tenant. All notices to be given to the Tenant should be given in writing <br /> and by depositing the same in the United States mail,registered or certified,postage <br /> prepaid,and addressed to the County of Hawai`i at 25 Aupuni Street,Hilo,Hawai`i <br /> 96720. <br /> b. Notice to Landlord. Notice to Landlord shall be given in writing personally to an <br /> agent or employee of Landlord or by depositing the same in the United States mail, <br /> registered or certified,postage prepaid,and addressed to Landlord at 1942 Main <br /> Street, Suite 104,Wailuku,HI 96793,or at such other addresses as Landlord may give <br /> to the Tenant in writing from time to time. <br /> 6 <br />