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(iii) LESSOR agrees to provide such further assurances as may be requested to <br />carry out and evidence the full intent of the parties under the Agreement as amended <br />hereby, and ensure TENANT'S continuous and uninterrupted use, possession and <br />quiet enjoyment of the Leased Premises under the Agreement as amended hereby. <br />(f) Entire Agreement. This Amendment supersedes all agreements previously made <br />between the parties relating to its subject matter. <br />(g) Litigation Costs. In the event that it becomes necessary for either party hereto to <br />initiate litigation for the purpose of enforcing any of its or his rights hereunder or for the purpose <br />of seeking damages for any violation hereof, then, in addition to all other judicial remedies that <br />may be granted, the prevailing party shall be entitled to recover reasonable attorneys' fees and all <br />other costs that may be sustained by such prevailing party in connection with such litigation. <br />(h) Recording. At any time following the execution of this Amendment by all parties <br />hereto, Tenant, at its cost and expense, shall have the right, at any time during the term of the <br />Amendment, as may be amended from time to time, and for no additional consideration payable <br />to LESSOR, to record in the appropriate recording office for land records: (i) a memorandum of <br />this Amendment ("Memorandum") and LESSOR covenants and agrees to execute said <br />Memorandum within thirty (30) days following Tenant's written request therefor; and (ii) a notice <br />or affidavit of amendment to lease (each, a "Notice of Amendment to Lease") executed solely by <br />Tenant. Each of the Memorandum and the Notice of Amendment to Lease are intended to provide <br />record notice of the terms of this Amendment. <br />(i) Counterparts. This Amendment may be, acknowledged and delivered by <br />electronic and digital signatures and in any number of counterparts, and each such counterpart <br />shall constitute an original, but together such counterparts shall constitute only one instrument. <br />(j) Electronic Signatures. Each party agrees that the electronic signatures of the <br />parties included in this Amendment are intended to authenticate this writing and to have the same <br />force and effect as manual signatures. As used herein, "electronic signature" means any electronic <br />sound, symbol, or process attached to or logically associated with this Amendment and executed <br />and adopted by a party with the intent to sign such Amendment, including facsimile or email <br />electronic signatures. <br />[Signatures Appear on the Following Page] <br />BU# 840753; Vero <br />47606129 v4 <br />