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