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200804919 the Lease, including but not limited to Landlord; (b) the rights of New Owner in and to the Leased Premises and in, to and under the Lease shall not be subject to any right of set-off or defense which Tenant may have against any prior landlord under the Lease; (c) New Owner shall not be bound by (i) any rent or additional rent or other charges which Tenant may have paid for more than one (1) month in advance, (ii) any amendment or modification of the Lease made without Lender's written consent; or (iii) any provision of the Lease relating to the application of insurance or condemnation proceeds or the restoration of the Leased Premises by the landlord in the event of casualty loss thereto or a taking thereof, or restrictions on the use of other properties owned by the landlord for purposes which compete with Tenant; (d) New Owner shall not be liable for any security deposit Tenant might have paid to any prior landlord, except to the extent New Owner has actually received said security deposit; and (e) New Owner will not be liable under any covenant or warranty in the Lease with regard to the construction of the Leased Premises, nor for any delays in completion of construction, nor for any implied warranty relating to the construction of the Leased Premises. Upon any sale or other transfer by a New Owner of its interest in the Leased Premises after acquiring title to the same, New Owner shall thereupon automatically be released and discharged from all liability thereafter accruing under the Lease. Tenant shall look only to the estate and property of New Owner in the Leased Premises for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) requiring the payment of money in the event of any default by New Owner as the lessor under the Lease, and no other property or assets of New Owner shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to the Lease. 6. The Tenant shall not, without the written consent of the Lender: (a) amend the Lease; (b) pay the rent or any other sums due under the Lease more than one (1) month in advance; (c) voluntarily surrender the Leased Premises or terminate the Lease; (d) accept the Landlord's waiver of or release from the performance of any obligations of the Tenant under the Lease; or (e) sublease the Leased Premises or any part thereof, or assign, pledge or encumber the Tenant's interest under the Lease or in the Leased Premises or any part thereof. 7. Tenant agrees to notifY the Lender in writing of any default by Landlord under the Lease. Lender shall have the right, but not the obligation, to cure any such default. 8. Tenant and Landlord, with the understanding that Lender will rely upon the statements and representations made herein in providing the Loan, hereby certifY, represent, warrant and confIrm to Lender, its successors and assigns, that, as of the date hereof: a) The Lease sets forth all of the agreements and understandings of Landlord and Tenant with respect to the Leased Premises; there are no other written or oral agreements or understandings between Tenant and Landlord with respect to the Leased Premises; Tenant has not subleased any portion of the Leased Premises and has not assigned, whether outright or by collateral assignment, all or any portion of its rights under the Lease; the Lease is in full force and effect in accordance with its terms; and a complete copy of the Lease and all amendments and supplements thereto has been provided to Lender. b) The primary term of the Lease commenced on June 1, 2008, and expires on May 31, 2015. The Tenant has the following rights of renewal (if none, so state): one (1) 3 Doc# 2662297\1