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201302649 the rights of Tenant under the Lease with respect to any offset or reduction against Rent accruing under the Lease to the extent expressly permitted by the Lease, 8. Notices. All notices, consents, requests, demands and other communications hereunder shall be in writing and served (i) by United States Mail, registered or certified, postage prepaid, return receipt requested, or (ii) by reputable commercial overnight courier (like Federal Express or similar firms), freight prepaid, in each case addressed to the party at its address set forth herein (or at such other address as shall hereafter be designated in writing by the applicable party to the sender). The date of service shall be the date such notice is actually received or refused. 9. Delivery of Certificates. Intentionally deleted. 10. No Lien on Trade Fixtures of Tenant. Notwithstanding anything to the contrary in this Agreement, the trade fixtures, signs and other property of Tenant or its subtenants or licensees on or within the Premises, regardless of the manner or extent of attachment thereof, shall not be subject to the lien of the Loan Documents and Lender and/or Successor Landlord waive any lien right as a matter of law or otherwise against any trade fixtures, signs or other property of Tenant or its subtenants or licensees on or within the Premises. 11. Binding Agreement. This Agreement shall be binding upon the parties and their respective successors and assigns from and after the date this Agreement is fully executed and an original hereof is delivered to Tenant. 12. Miscellaneous. As between Lender and Tenant, this Agreement supersedes any inconsistent provision in the Lease. Nothing in this Agreement shall be construed to derogate from or in any way impair or affect the lien of the Security Instrument. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the Parties hereto or their respective successors in interest. The laws of the State where the Property is located shall govern the validity, construction and enforcement of this Agreement, without giving effect to the conflict of laws principles thereof. 13. Counterparts. This Agreement may be executed in separate counterparts all of which shall constitute a single instrument. NDA - 08.31.11 2482933 -1 6331.0050000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -4- Symetra Loan No. / 5 ? ) 5/