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2oio-ooi4s Assignor covenants with Assignee that Assignor (a) shall observe and perform all the obligations imposed upon the landlord under the Lease and shall not do ar permit to be done anything to impair the value of the Lease as security for the Indebtedness; (b) shall promptly send to Assignee copies of all notices which Assignor shall receive under the Lease (except to the extent such notices are also addressed to Assignee); (c) shall not take any affirmative action to collect any rents payable under the Lease; (d) shall not execute any other assignment of landlord's interest in the Lease or the rents payable thereunder (other than the assignment contained herein and in the Mortgage); (e) shall execute and deliver at the request of Assignee all such further assurances, confirmations and assignments in connection with the Mortgaged Property as Assignee shall from time to time reasonably require; and (f) shall deliver to Assignee, upon request, tenant estoppel certificates from Tenant in form and substance reasonably satisfactory to Assignee, to the extent Tenant is obligated to provide same under the Lease. Assignor further covenants with Assignee that Assignor shall enforce all of the terms, covenants and conditions contained in the Lease upon the part of Tenant thereunder to be observed or performed, short of termination thereof, provided that Assignor shall not exercise any of the Landlord's Rights without the written consent of Assignee as hereinafter provided in this Assignment, including, specifically but without limitation, Assignor (a) shall not send any notice of default to Tenant under the Lease; (b) shall not alter, modify or change the terms of the Lease or cancel or terminate the Lease, ar accept a surrender thereof or take any other action which would effect a merger of the estates and rights of, or a termination or diminution of the obligations of, Tenant thereunder; (c) shall not consent to any assignment of or subletting under the Lease (it being understood that certain assignments and subleases are permitted under the Lease); and (d) shall not waive, release, reduce, discount ar otherwise discharge or compromise the payment of any of the Rents to accrue under the Lease. THIS ASSIGNMENT is made on the fallowing terms, covenants and conditions: 1. Present Assignment. Assignor does hereby absolutely and unconditionally assign to Assignee all of Assignor's right, title and interest in the Lease, rents payable thereunder and all other Landlord's Rights, it being intended by Assignor that this assignment constitute a present, absolute assignment and not an assignment for additional security only. Such assignment to Assignee shall not be construed to bind Assignee to the performance of any of the covenants, conditions, or provisions contained in the Lease or otherwise to impose any obligation upon Assignee. Assignor agrees to execute and deliver to Assignee such additional instruments, in form and substance satisfactory to Assignee, as may hereinafter be reasonably requested by Assignee to further evidence and confirm said assignment. Assignee is hereby granted and assigned by Assignor the right to enter the Mortgaged Property for the purpose of enforcing its interest in the Lease, the rents payable thereunder, and all other Landlord's Rights, this Assignment constituting a present, absolute and unconditional assignment of the Lease, such rents and all other Landlord's Rights. Notwithstanding anything contained herein, Assignee does hereby grant a revocable license to Assignor to exercise the Landlord's Rights jointly with Assignee so long as no Event of Default (as defined in the Mortgage) has occurred and is continuing, whereupon such license shall automatically terminate, without notice and without further action required on the part of Assignee except as may be required in connection with any such Event of Default. Such license shall be interpreted so as to require that, prior to the 15452813.3 3