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79~--~ l'?`~ <br />3. Not to further assign the Lease without Texaco's <br />prior written consent, said consent not to be <br />unreasonably withheld by Texaco. <br />4. To indemnify, defend and hold harmless Texaco <br />Inc., in the event that any claims and; or causes <br />of action are asserted against Texaco Inc. as a <br />result of this Assignment or any act of Assignee <br />pursuant to this Assignment ar the Lease. <br />L'pon default by Assignee of any of Assignee`s covenants <br />herein, Texaco may, by written notice to Assignee terminate <br />this assignment and thereupon all of the rights, title and <br />interest in, to and under the Lease shall revert to Texaco <br />automatically and without further act or documentation, but <br />Assignee shall, upon Texaco's request, execute and deliver <br />to Texaco an appropriate form of reassignment, in proper <br />form for recording, together with the Lease and any renewals or <br />replacements thereof. <br />Texaco`s foregoing remedy shall not be deemed exclusive, but <br />shall be cumulative with any other remedies Texaco may have <br />under law, and no failure by Texaco to avail itself of a <br />remedy shall constitute a waiver with respect to similar or <br />as ; i~ ~„~.,rs any= .~ <br />It is understood by and between Texaco and assignee that <br />Texaco does rot warrant and will not defend any rights, <br />accorded under the lease to exercise any purchase options <br />and it is expressly agreed that Assignee accepts this Assignment <br />without any representation or warranty whatsoever, express <br />or ::mpiied, as to any such ri~hts. <br />And SINCLAIR MARKETING, INC., hereby accepts this agreement <br />subject to the foregoing conditions and agrees to perform <br />the obligations imposed upon Texaco Inc. under the Lease. <br />I~1 wiTN&SS YdIIEREOF, the parties ha~Te hereunto set their <br />hands and seals this 8th deg of February , 1979. <br />Sv'ITNES~: TEXACQ INC. ,,r ' <br />Sh;~rley _ ~r vice President <br />~. *~. Fisher <br />t.. ts.t~,..' ATTEST: <br />-~---- Sandra Sac ~ ' ~ ,~' . <br />Ass Secretary . ~~`^ <br />~' .st Thosas J. ~ wir. <br />t 's WITNESS: SINCLAIR Mti~E~INGa`INC. <br />y ~'~, vice President <br />' ? ,~ r t~ ~ ATTESfi: <br />f~ /,~ <br />f ~' f _ <br />e4~oee-a~~ <br />°~.r' Secretary <br />~ _ <br /> <br />