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3. All the other terms and conditions of the Lease not specifically modified by this Amendment shall remain in full force and effect. 4. Landlord warrants and represents that it is the owner of the Shopping Center and the Premises and has the right, power and authority to execute this Amendment. 5. This Amendment shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. The captions, section numbers and paragraph numbers appearing in this Amendment are inserted only as a matter of convenience and in no way define, amplify, limit, construe, or describe the scope or intent of any section of this Amendment. This Amendment and the Lease contain the entire agreement between Landlord and Tenant, and supersede any prior agreements with respect thereto. Except for the warranties, representations, contingencies, conditions and/or agreements set forth in this Amendment and the Lease, no warranties, representations, contingencies, conditions, and/or agreements have been made by Landlord or Tenant, one to the other or between them. This Amendment shall only be binding on the parties upon each party's receipt of a fully executed copy of this Amendment. This Amendment may be executed in multiple counterparts each of which when taken together shall constitute a binding agreement. This Amendment may be executed and delivered by electronic copy or via facsimile, which such electronic copy or facsimile signatures and delivery shall be valid and binding the same as if original documents were delivered. LANDLORD AND TENANT DO HEREBY RATIFY AND AFFIRM THE SAID TERMS AND COVENANTS OF SAID LEASE AS AMENDED HEREIN. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THE LEASE AND THE TERMS OF THIS AMENDMENT, THE TERMS, PROVISIONS AND CONDITIONS OF THIS AMENDMENT SHALL PREVAIL AND CONTROL. [REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURES ON THE NEXT PAGE] WA 172