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201400404 <br />upon the assignment or sublease of the Lease in accordance with the terms of the Lease, <br />Tenant shall remain primarily liable for all obligations under the Lease. <br />7. Tenant has no knowledge of any prior assignment or pledge of the rents accruing under <br />the Lease by Landlord. Tenant hereby consents to the Assignment of Lease and Rents <br />and confirms its agreement with the provisions of paragraph 15 thereof. Tenant <br />acknowledges that the interest of the Landlord under the Lease is to be assigned to <br />Lender solely as security for the purposes specified in said assignment, and Lender shall <br />have no duty, liability or obligation whatsoever under the Lease or any extension or <br />renewal thereof, either by virtue of said assignment or by any subsequent receipt or <br />collection of rents thereunder, unless Lender shall become the owner of the Mortgaged <br />Property or shall specifically undertake such liability in writing. <br />8. In accordance with the terms of the Lease, Tenant agrees to permit Lender and/or <br />Landlord and Lender's and/or Landlord's representatives access to, and an opportunity to <br />inspect, the Mortgaged Property during normal business hours and upon reasonable <br />notice. Tenant further acknowledges and agrees to be bound by the license and right of <br />access granted to Lender and its agents, employees, contractors, engineers, architects, <br />nominees, attorneys and other representatives pursuant to paragraph 23(b) of the Security <br />Instrument. <br />9. <br />10. Any notice, demand, statement, request or consent made hereunder shall be effective and <br />valid only if in writing, referring to this Agreement, signed by the party giving such <br />notice, and delivered either personally to such other party, or sent by nationally <br />recognized overnight courier delivery service or by certified mail of the United States <br />Postal Service, postage prepaid, return receipt requested, addressed to the other party at <br />such party's Notice Address as indicated on Schedule A attached hereto and made a part <br />hereof (or to such other address or person as either party or person entitled to notice may <br />by notice to the other party specify). <br />Unless otherwise specified, notices shall be deemed given as follows: (i) if delivered <br />personally, when delivered, (ii) if delivered by nationally recognized overnight courier <br />delivery service, on the day following the business day such material is sent, or (iii) if <br />sent by certified mail, three (3) business days after such notice has been sent. <br />11 The term "Lender" as used herein includes any successors or assigns of the Lender <br />named herein, including without limitation, any co- lender at the time of making the Loan, <br />any purchaser at a foreclosure sale and any transferee pursuant to a conveyance in lieu of <br />foreclosure, and their successors and assigns, and the term "Tenant" as used herein <br />includes the Tenant named herein (the "Original Tenant ") and any successors or assigns <br />of the Original Tenant. <br />18767172.1 <br />If Tenant is a corporation, the individual executing this Agreement on behalf of such <br />corporation is duly authorized to execute and deliver this Agreement on behalf of such <br />corporation, and that this Agreement is binding upon such corporation in accordance with <br />its terms. <br />