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SCHEDULE I(A) <br />20 140040o <br />CERTIFICATE AND AGREEMENT REGARDING LEGAL REQUIREMENT <br />DOCUMENTS <br />THIS Certificate and Agreement (this "Certificate ") is delivered by <br />, a ( "Tenant "), pursuant to Section 30(a) of Part II of <br />that certain Lease dated as of , 20_, by and between <br />as Landlord (herein so called), and Tenant (the "Lease "). <br />Tenant has received, prepared or had prepared a [description of Legal <br />Requirement Document], a copy of which is attached hereto (the "Instrument "), which <br />may be fled of record with respect to the Premises (as defined in the Lease), and Tenant <br />does hereby request that Landlord and Lender (as defined in the Lease) consent to, <br />execute, acknowledge and deliver the instrument, [and that Lender subordinate its <br />Mortgage (as defined in the Lease) and other loan documents to the Instrument or, in <br />connection with any conveyance of any portion of the Premises, that Lender release its <br />Mortgage with respect to the portion of the Premises that is the subject of such <br />conveyance]. In order to induce Landlord and Lender to take such actions, and with the <br />understanding that Landlord and Lender will rely on the matters set forth herein, Tenant <br />does hereby represent, warrant and certify to, and agree with for the benefit of Landlord <br />and Lender as follows: <br />1. Tenant hereby consents to the Instrument, and agrees that the Instrument <br />shall constitute a "Matter of Record" as defined in the Lease. <br />2. Tenant hereby represents, warrants, certifies and agrees to and with <br />Landlord and Lender that: <br />(a) A true, correct and complete copy of the Instrument is attached to this <br />Certificate; <br />(b) The Instrument is a Legal Requirement Document (as defined in Section <br />30(a) of the Lease); <br />For so long as the Lease is in effect, Tenant will perform all obligations, if <br />any, of Landlord under the Instrument and Tenant will remain obligated <br />under the Lease in accordance with its terms to the same extent as if such <br />Instrument had not been made; <br />(c) <br />(d) The Instrument does not contain any obligations of Tenant or Landlord <br />which shall become operative after the Term of the Lease, which are <br />materially more burdensome than the obligations of Tenant or Landlord <br />which are imposed by the Instrument during the Term of the Lease; <br />(e) Intentionally omitted; <br />