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201310007 <br /> 10. Lessee covenants not to enter into any amendments or modifications of the Lease without <br /> the prior written consent of Lenders, which consent may be withheld in Lenders' sole <br /> discretion. <br /> 11. Lessee covenants to indemnify and hold harmless each Lender from and against any and all <br /> claims, loss, damage, cost or expense arising: (a) from any accident or occurrence in or <br /> about the Premises except to the extent the same is the result of the negligence or willful <br /> misconduct of such Lender or its employees, contractors or agents; or (b) out of any failure <br /> of Lessee or its agents, invitees, servants, contractors or subtenants to comply with or <br /> perform any requirements of the Lease. <br /> 12. Notwithstanding anything to the contrary in the Lease,Lessee agrees that it shall not operate <br /> the following prohibited activities at the Premises during the term of the Lease: (i) a private <br /> or commercial golf course, (ii) a country club, (iii) a massage parlor, (iv) a hot tub facility, <br /> (v) a suntan facility, (vi) a racetrack or other facility used for gambling, (vii) any store the <br /> principal business of which is the sale of alcoholic beverages for consumption off premises <br /> (provided,however,that the sale of alcoholic beverages by a convenience store operated out <br /> of a gasoline pad at the Premises or a grocery store or restaurant at the Premises shall not <br /> constitute a tenant prohibited activity), or (viii) farming within the meaning of Section <br /> 2032A(e)(5)(A)or(B)of the Internal Revenue Code and all related regulations. <br /> 13. LENDERS AND LESSEE HEREBY VOLUNTARILY, IRREVOCABLY AND <br /> UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN <br /> RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR <br /> OTHERWISE, BETWEEN LENDERS AND LESSEE ARISING OUT OF, IN <br /> CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP <br /> ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR <br /> ANY OTHER AGREEMENT OR DOCUMENT EXECUTED OR DELIVERED IN <br /> CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO. THIS <br /> PROVISION IS A MATERIAL INDUCEMENT TO LENDERS TO ENTER INTO THE <br /> LOAN AGREEMENT. IT SHALL NOT IN ANY WAY AFFECT, WAIVE, LIMIT, <br /> AMEND OR MODIFY LENDERS' ABILITY TO PURSUE THEIR REMEDIES <br /> INCLUDING, BUT NOT LIMITED TO, ANY CONFESSION OF JUDGMENT OR <br /> COGNOVIT PROVISION CONTAINED IN THIS AGREEMENT OR ANY OTHER <br /> DOCUMENT RELATED HERETO. <br /> [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br /> SNDA <br /> 892678/4/COLUMBUS <br /> 065439.00076 <br />