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200905834 <br />S. Rent. Tenant hereby agrees to and with Lender that upon receipt from <br />Lender of a notice of any default by Landlord under the Security Instrument, Tenant will <br />pay to Lender directly all rents, additional rents, and other sums due under the Lease. <br />Tenant shall have no responsibility to ascertain whether such demand by Lender is <br />permitted under the Security Instrument, or to inquire into the existence of default by <br />Landlord. under the Security Instrument. In the event of the foregoing, Landlord hereby <br />authorizes Tenant to pay to Lender directly all rents, additional rents, and other sums due <br />under the Lease and hereby waives any right, claim or demand it may now or hereafter <br />have against Tenant by reason of such payment to Lender, and any such payment shall <br />discharge the obligations of Tenant under the Lease to make such payment to Landlord. <br />In addition, Landlord hereby indemnifies and holds Tenant harmless from and against <br />any and all claims, causes of actions, demands, liabilities and losses of any kind or <br />nature, including but not limited to attorney's fees and expenses, sustained by Tenant as a <br />result of its payment of the rent, additional rents, and other sums due under the Lease <br />directly to Lender in accordance with the terms and conditions hereof. <br />6. Lender's Consent. Unless Lender shall give its written consent to the same <br />(which consent shall be obtained by Landlord), Lender shall not be bound by any <br />agreement amending or modifying the Lease which would change the term of the Lease, <br />the fixed rent or the economic terms specified therein. <br />7. Lender to Receive Notices. Tenant shall provide Lender with copies of all <br />written notices of any default by Landlord sent to Landlord pursuant to the Lease <br />simultaneously with the transmission of such notices to the Landlord. Lender shall have <br />the right to remedy any Landlord default under the Lease, or to cause any default of <br />Landlord under the Lease to be remedied during the same time period as Landlord as set <br />forth in the Lease. Tenant shall accept performance by Lender of any term, covenant, <br />condition or agreement to be performed by Landlord under the Lease with the same force <br />and effect as though performed by Landlord. <br />8. Notices. All notices or other written communications hereunder shall be <br />deemed to have been properly given if given in accordance with the provisions of the <br />Lease and addressed as follows: <br />If to Tenant: Best Buy Stores, L.P. <br />7601 Penn Avenue South <br />Richfield, MN SS423 <br />Attention: Legal Department -Real Estate <br />with a copy ta: Robins, Kaplan, Miller & Ciresi <br />2800 LaSalle Plaza <br />800 LaSalle Avenue <br />Minneapolis, MN SS402 <br />Attention: Steven A. Schumeister, Esq. <br />2113441_l.doc <br />