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representations and warranties of Landlord made in this Section shall survive the execution and delivery of this Amendment. Landlord hereby does and agrees to indemnify Tenant for any damages, losses, costs,fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue.The aforementioned indemnification shall survive the execution and delivery of this Amendment. 7. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: 1801 27th Street,Vero Beach, FL 32960;to Tenant at: Attn: Land Management 10 Presidential Way, Woburn, MA 01801,with copy to: Attn Legal Dept., 116 Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty(30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 8. Counterparts. This Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which,when taken together,shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart. Furthermore,the Parties may execute and deliver this Amendment by electronic means such as .pdf or similar format. Each of the Parties agrees that the delivery of the Amendment by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the Amendment by all Parties to the same extent as an original signature. 9. Governing Law. Notwithstanding anything to the contrary contained in the License and in this Amendment,the License and this Amendment shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Licensed Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. 10. Waiver. Notwithstanding anything to the contrary contained herein, in no event shall Landlord or Tenant be liable to the other for, and Landlord and Tenant hereby waive,to the fullest extent permitted under applicable law,the right to recover incidental,consequential (including, without limitation, lost profits, loss of use or loss of business opportunity), punitive, exemplary and similar damages. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Site No:370764 Site Name:Vero Beach Ring, FL