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201804443
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201804443
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Last modified
12/9/2019 6:40:41 PM
Creation date
7/11/2018 3:44:56 PM
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DEEDS
Inst Number
201804443
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201804443 <br />contained in the Lease as Tenant and Landowner had before Successor Landlord succeeded to <br />the interest of Landowner; provided, however, that Successor Landlord shall not be: <br />(a) liable for any act or omission of any prior landlord (including <br />Landowner); or <br />(b) subject to any offsets or defenses that Tenant might have against any prior <br />landlord (including Landowner); or <br />(c) bound by any rent or additional rent that Tenant might have paid for more <br />than one month in advance to any prior landlord (including Landowner); or <br />(d) bound by any termination, amendment or modification of the Lease made <br />after the date of this Agreement without FCL's prior written consent; or <br />(e) bound by any obligation to make any payment to Tenant which was <br />required to be made prior to the time Successor Landlord succeeded to any prior landlord's <br />interest, or <br />(f) accountable for any monies deposited with any prior landlord (including <br />security deposits), except to the extent such monies are actually received by Successor Landlord <br />in segregated cash amounts identified to Successor Landlord in writing as such at the time <br />received, or <br />(g) obligated to complete any improvements or construction on the Property <br />or the Facility or to pay or reimburse Tenant for any tenant improvement allowance or <br />construction allowance; or <br />(h) be required after a fire, casualty or condemnation of the Property or <br />Facility to repair or rebuild the same to the extent that such repair or rebuilding requires funds in <br />excess of the insurance or condemnation proceeds allocable thereto which have actually been <br />received by FCL, and then only to the extent required by the terms of the any agreements then in <br />effect between FCL and Landowner and/or Landowner's affiliates; or <br />(i) be responsible to provide any additional space at the Property or <br />elsewhere for which Tenant has any option or right under the Lease, or otherwise, unless FCL at <br />its option elects to provide the same; or <br />(j) be liable for or incur any obligation with respect to (a) any representations <br />or warranties of any nature set forth in the Lease or (b) the condition or suitability of the <br />Property (other than repair obligations under the Lease with respect to conditions first occurring <br />subsequent to such party becoming Successor Landlord), including, but not limited to, liabilities <br />or obligations relating to any latent or patent defects in construction with respect to the Property, <br />title thereto or compliance of the Property with applicable environmental, building, zoning or <br />3 <br />
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