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201001991 and pay applicable costs and reasonable attorneys' fees incurred, all of which expenses shall be deemed an advance on behalf of Assignor, payable to Lender on demand and secured by the Loan Documents. 4. Assi nor's Re resentations and Warranties. Assignor represents and warrants to Lender that: (a) Assignor has not executed any prior unreleased assignment of the Lease or the Contracts and no other person or entity other than Lender has any right, title or interest therein (except for owners of the equipment leased to Assignor pursuant to any equipment leases which are part of the Contracts) (b) Assignor has not performed any act or executed any instrument which might prevent Lender from operating under any of the terms and conditions of the Lease or Contracts, or which would limit Lender in such operation; (c) no material default by either the landlord or Assignor now exists under the Lease; (d) no material default by any part now exists under any of the Contracts; (e) Assignor has delivered to Lender true, correct and complete copies of the Lease and all of the Contracts requested by Lender, and Assignor has not executed or granted any modification whatever of the Lease or Contracts, and the Lease and Contracts are in full force and effect according to the terms and conditions thereof; (f) Assignor has good right, title and interest in and to the Lease and the Contracts, and Assignor has the right to assign the same subject to any third party approvals necessary to assign the same; (g) Assignor has duly and timely performed all of the terms, covenants, conditions and warranties set forth in the Lease and Contracts which are to be kept, observed and performed by Assignor; and (h) the Lease and Contracts further include without limitation all equipment leases, service contracts, maintenance contracts, warranties, guarantees, licenses, permits, certificates, or other contracts or agreements currently in effect which pertain or relate to, affect or may be used in connection with the Property. 5. Agreements of Assignor and Lender. It is mutually agreed that: (a) So long as (i) no Event of Default, as defined in the Loan Agreement, occurs, and (ii) no default by Assignor exists under the Lease or Contracts which has not been cured within any applicable cure period, Assignor shall have right to enjoy the benefits of the Lease and Contracts. (b) Provided, however, if the conditions described in clauses S(a)(i) or 5(a)(ii) fail to be met, Lender may upon written notice to Assignor exercise any one or more of the following rights and remedies: (i) Declare all sums secured hereby immediately due and payable; (ii) At its option, with or without bringing any action, or by a receiver to be appointed by a court, enter, take possession of, manage and operate the Property or any part thereof; 4