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5.2. SR 12-07-1998
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5.2. SR 12-07-1998
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12/7/1998
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in this Lease Agreement and, if so, specifying each such default of which Lessor or Lessee may have <br />knowledge, it being intended that any such statement delivered pursuant to this Article shall be in a <br />form approved by and may be relied upon by any prospective assignee ofLessor's or Lessee's interest <br />in the Lease or any mortgagee of the Leasehold Property or any assignee of any mortgage upon the <br />Leasehold Property. <br /> <br /> 14.3) Subordination - This Lease Agreement shall, at Lessor's election, be subject and <br />subordinate to the terms and conditions of all mortgages which may now or hereafter encumber the <br />Leasehold Property and to all renewals, modifications, consolidations, replacements and extensions <br />of such mortgages. In confirmation of such subordination, Lessee shall promptly execute any <br />certificate of subordination or other such documents which Lessor or its mortgagees may request. <br /> <br /> 14.4) Entire Agreement - This Lease Agreement contains the entire agreement between the <br />parties, and there are no other terms, obligations, covenants, representations, statements or <br />conditions, oral or otherwise, of any kind whatsoever. Any agreement hereafter made shall be <br />ineffective to change, modify, discharge or effect an abandonment of this Lease Agreement in whole <br />or in part unless such agreement is in writing and signed by the party against whom enforcement of <br />the change, modification, discharge or abandonment is sought. <br /> <br /> 14.5) Release 0f Lessor - If Lessor sells or otherwise transfers all of its interest in the <br />Leasehold Property, Lessor shall, without further action by any party, be released and discharged <br />from any further obligations or duty under this Lease Agreement, and no claim or demand upon <br />Lessor shall thereafter be made by Lessee arising out of any obligation or duty of Lessor hereunder. <br />Upon request by Lessor, Lessee shall execute an attornment agreement with such transferee in form <br />satisfactory to Lessor's transferee. <br /> <br /> 14.6) Severability - If any term, condition or provision of this Lease Agreement or the <br />application thereof to any person or circumstance shall, to any extent, be held to be invalid or <br />unenforceable, the remainder thereof and the application of such terms, provisions and conditions to <br />persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall <br />not be affected thereby, and this Lease Agreement and all the terms, provisions and conditions hereof <br />shall, in all other respects, continue to be effective and to be complied with to the full extent permitted <br />by law. <br /> <br /> 14.7) Headings - The headings incorporated in this Lease Agreement are for convenience <br />in reference only and are not a part of this Lease Agreement and do not in any way limit or add to the <br />terms and provisions hereof. <br /> <br /> 14.8) Not Partnership or Joint Venture - Lessor and Lessee agree that this Lease Agreement <br />is not intended to be nor shall it be construed as a joint venture or partnership between Lessor and <br />Lessee, nor a loan from Lessor to Lessee. Nothing contained in this Lease Agreement, or in any <br />other document or instrument made in connection with this transaction, shall be deemed or construed <br />to create a partnership, loan, tenancy-in-common, joint tenancy, joint venture, other common <br />enterprise, or co-ownership by or between Lessor and Lessee. Lessor and Lessee have been <br /> <br />BURNIS 566679.3 19 of 22 <br /> <br /> <br />
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