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-2- <br /> <br /> "3, The Assignor represents and warrants that Assignor is the <br /> <br />sole and absolute owner of the leasehold estate in the premises described <br />'in the Lease, t~at Assignor is ~ot ir, default tn its performance of any <br />of the terms, co~e~ants a~.d.' con~tions thereof, that a true and correct <br />copy of the Lease is attached hereto and heretofore has been delivered <br />by Assignor to Assignee and that there have Been and are no modifications, <br />amendments, cancellations or concessions of the Lease. <br /> <br /> ~.. Assignor further agrees to exercise its options to renew the <br />Lease in accordance with the provisions of Section ~ of the Lease unless <br />Assignor and Assignee shall have otherwise agreed in writing not less than <br />thirty days prior t.o the date on which suCh exercise is required to be made <br />under the terms of the Lease. Assignor agrees not to consent to any modi- <br />fications, amendments, extensions (except as othervise expressly authorized <br />herein) or cancellations of the Lease without Assignee's prior written consent. <br />Assignor further agrees to notify Assignee promptly when and if any future. <br />leases of the premises described in the Lease are executed by Assignor and <br />the City, or its successors and assigns of either, and to furnish the Assignee <br />with copies of all such leases and to assign all its rights thereunder to <br />Assignee by instrument similar in form to this instrument or otherwise satis- <br />factory to Assignee. Assignor further agrees, if so requested by Assignee, <br />to use its best efforts to obtain the City's agreement to an extension of <br />the term of the Lease or to a new lease fox' the period commencing at the <br />end of the last renewal term of the Lease for a term at least equal to the <br />remaining balance of the term of the Ground Lease. Assignor also agrees <br />to perform all the obligations of the lessee under the terms of the Lease <br />and to give Assignee prompt notice of Assignor's receipt ~f any notice of <br />default or other communication from the lessor under the Lease. <br /> <br /> ~. ThAs Assignment is made on the following terms, covenants <br /> <br /> and conditions: <br /> <br /> .(i) For-as long as there exists no Event of Default; as <br /> defined in the 0round Lease, or any amendment or supplement thereto, Assignor <br /> shall have the right to retain, use and enjoy the premises described in <br /> the Lcase and all rights granted under the terms of the Lease. <br /> <br /> <br />