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<br /> <br />8. Tenant hereby warrant and represents, for the benefit of Landlord, that the following statements are true <br />and correct, <br /> <br />A. The Lease represents the entire agreement between Tenant and Landlord as to the subject <br />matter thereof. <br /> <br />B. No default by Landlord exists in the performance or observation of any covenant or <br />condition in the Lease and there are no defenses or offsets against the enforcement of the lease <br />by Landlord. <br /> <br />9. Landlord hereby certifies to Assignee that: <br /> <br /> A. The Lease represents the entire agreement between Tenant and Landlord as to the subject matter <br />thereof and the Lease has not been amended except as contained in this Agreement. <br /> <br /> B. To the best of Landlord’s knowledge, no default by Landlord or Tenant exists in the <br />performance or observation of any covenant or condition in the Lease and all rent for <br />December, 2008 has been paid in full. <br /> <br />C. The current base rent under the Lease is $6,072.15 per month. As of January 1, 2009, the base <br />rent shall be $6,287.43 per month. <br /> <br />D. The Lease currently expires on July 31, 2011. <br /> <br />11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective <br />heirs, successors and assigns. <br /> <br />12. Notwithstanding any contrary provision contained in this Agreement, this Agreement shall not be <br />effective and shall be null and void if Tenant and Assignee fail to close on Assignee’s purchase of <br />Tenant’s business at the Premises. <br /> <br /> <br /> <br />City of Mounds View, MN (Landlord) Creative Kids Child Care Center II, Inc., a Minnesota <br />corporation (Tenant) <br /> <br /> <br />By: By:_____________________________________ <br /> <br />Its: Mayor Its:______________________________________ <br /> <br />Dated: Dated:___________________________________ <br /> <br /> <br />By:________________________________________ <br /> <br />Its: Clerk-Administrator <br /> <br />Dated:_____________________________________ <br /> <br /> <br />Rajiv Garg, an Individual (Assignee) Sanjeeta Jain, an Individual (Assignee) <br /> <br /> ________________________________________ <br /> <br />Dated: Dated: __________________________________ <br /> <br />