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II. MISCELLANEOUS <br />1. Notwithstanding anything to the contrary contained in the Lease, Landlord hereby waives <br />any lien, statutory or otherwise, that Landlord may have on Tenant's fixtures and personal <br />property. <br />2. All capitalized terms not defined herein shall have the same meaning as set forth in the <br />Lease. <br />3. All the other terms and conditions of the Lease not specifically modified by this <br />Amendment shall remain in full force and effect. <br />4. Landlord warrants and represents that it is the owner of the Shopping Center and the <br />Premises and has the right, power and authority to execute this Amendment. <br />5. This Amendment shall be binding upon, and shall inure to the benefit of, the parties <br />hereto and their respective heirs, executors, administrators, successors and assigns. <br />6. The captions, section numbers and paragraph numbers appearing in this Amendment are <br />inserted only as a matter of convenience and in no way define, amplify, limit, construe, or <br />describe the scope or intent of any section of this Amendment. <br />7. This Amendment and the Lease contain the entire agreement between Landlord and <br />Tenant, and supersede any prior agreements with respect thereto. Except for the <br />warranties, representations, contingencies, conditions and/or agreements set forth in this <br />Amendment and the Lease, no warranties, representations, contingencies, conditions, <br />and/or agreements have been made by Landlord or Tenant, one to the other or between <br />them. <br />8. This Amendment may be executed in multiple counterparts each of which when taken <br />together shall constitute a binding agreement. This Amendment may be executed and <br />delivered by electronic copy or via facsimile, which such electronic copy or facsimile <br />signatures and delivery shall be valid and binding the same as if original documents were <br />delivered. <br />LANDLORD AND TENANT DO HEREBY RATIFY AND AFFIRM THE SAID TERMS AND COVENANTS <br />OF SAID LEASE AS AMENDED HEREIN. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS <br />OF THE LEASE AND THE TERMS OF THIS AMENDMENT, THE TERMS, PROVISIONS AND <br />CONDITIONS OF THIS AMENDMENT SHALL PREVAIL AND CONTROL. <br />[REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK] <br />[SIGNATURES ON THE NEXT PAGE] <br />-2- <br />