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MATTRESS FIRM AMENDMENT - # 052123 4. Landlord and Tenant each represents to the other that the party signing this Amendment on its behalf has the authority to do so and has received all necessary consents and approvals to enter into the agreement set forth in this Amendment and such agreement shall be binding upon Landlord and Tenant and their respective successors and assigns. 5. Except as modified as set forth in this Amendment, all of the terms and provisions of the Lease remain unchanged and in full force and effect and Landlord and Tenant ratify and confirm same. Landlord and Tenant acknowledge and agree that the Lease, as modified by this Amendment, sets forth the entire agreement between Landlord and Tenant. In case of any conflict between the terms and provisions of the Lease and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall control. 6. This Amendment may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. This Amendment may be executed or delivered by electronic or facsimile means, and copies of executed signature pages stored electronically in portable document format (.pdf) shall be binding as originals. Neither party shall record this Amendment without the express prior written consent of the other. 7. All terms and definitions used in this Amendment not herein defined are to be given the definition of the term as provided in the Lease, unless specifically stated otherwise. IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the day and year first above written. See Attached Landlord Signature Page Tenant: Mattress Firm, Inc. By: , Name: n��,`_ 1 i4 uvw Its: r V � 4— (Sz Lt s[� /t Ly1M 3 G