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<br />. <br />. <br />. <br />. <br />. <br />. <br />'l <br />() <br /><t <br />. <br />. <br />() <br />. <br />. <br />() <br />. <br />() <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /><t <br />. <br />. <br />. <br />. <br />() <br /> <br />5. No Modification or Waiver. Except as otherwise expressly set forth herein, <br />nothing in this Amendment shall be deemed to waive or modify any of the provisions of the <br />Lease. <br /> <br />6. No Offer. Landlord and Tenant hereby agree that Landlord's submission of this <br />Amendment to Tenant shall not constitute an offer to amend the Lease. This Amendment shall <br />be effective only, and is expressly conditioned, upon the execution of this Amendment by <br />Landlord and Tenant. <br /> <br />7. Captions. The captions and Section numbers appearing in this Amendment are <br />for convenience only and are not a part of this Amendment and do not in any way limit, amplify, <br />define, construe or describe the scope or intent of the terms or provisions of this Amendment. <br /> <br />8. Counterparts. This Amendment may be executed in several counterparts, each <br />of which shall be deemed an original, but all of which together shall constitute one and the same <br />Amendment. <br /> <br />9. Successors. The provisions of this Amendment shall bind and inure to the benefit <br />of the parties hereto and their respective heirs, representatives, successors and assigns. <br /> <br />10. Tenant's Representation. Tenant represents that it holds the entire tenant interest <br />in the Lease and that, other than as set forth herein, it has not made any assignment, sublease, <br />transfer, conveyance or other disposition of the Lease or any interest in the Lease. <br /> <br />11. Executory Authority. Each party executing this Amendment hereby represents <br />and warrants that the individual executing this Amendment on behalf of such party has full <br />power and authority to bind such party to the terms hereof. <br /> <br />12. Attorneys' Fees. In the event that at any time after the date hereof either <br />Landlord or Tenant shall institute any action or proceeding against the other(s) relating to this <br />Amendment, then and in that event, the party(ies) not prevailing in such action or proceeding <br />shall reimburse the prevailing party for the reasonable expenses of attorneys' fees and all costs <br />and disbursements inq,l1Ted therein by the prevailing party. <br />,."",," <br /> <br />.. 0 <br /> <br />... 0 <br /> <br />[SIGNATURES ON FOLLOWING PAGE] <br /> <br />'r <br /> <br />47 <br />