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5. Assignor hereby indemnifies and holds Assignee harmless from and against any <br />and all claims, expenses, costs, obligations, or other liabilities with respect to the Lease, arising <br />out of or with respect to events occurring prior to the Effective Date. The foregoing <br />indemnification obligation shall survive the delivery of this instrument. <br />6. The undersigned Landlord hereby consents to the assignment of the Lease from <br />Assignor to Assignee as set forth above, provided however, the Lease and all of its provisions shall <br />continue in full force and effect as assigned and this consent shall not be deemed to waive <br />Landlord's right to approve or consent to any future assignments. Landlord releases Assignor from <br />any liability for the obligations of Tenant under the Lease arising from and after the Effective Date, <br />provided, such release shall not release Assignor from any obligations to Landlord that accrued <br />prior to the Effective Date. Nothing contained in the foregoing shall restrict, hinder or limit <br />Landlord from utilizing any Security Deposit pursuant to the terms of the Lease. <br />7. Except as expressly set forth herein, nothing contained herein shall be deemed or <br />construed to modify, waive, impair or affect any of the covenants, agreements, terms, provisions <br />or conditions contained in the Lease. In addition, the acceptance of rents by Landlord from <br />Assignee or anyone else liable under the Lease shall not be deemed a waiver by Landlord of any <br />provision of the Lease, this Assignment, or Landlord's consent herein. <br />8. This Assignment may not be amended, modified or terminated except by an <br />instrument in writing executed by the parties hereto. <br />9. This Assignment shall be binding upon and shall inure to the benefit of the parties <br />hereto and their respective successors and assigns. <br />10. This Assignment may be executed in counterparts, each of which shall constitute <br />an original, and all of which taken together hall constitute one and the same instrument. <br />[SIGNATURE PAGE FOLLOWS] <br />Page 2 of 3 <br />