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reasonable attorney fees), and/or <br />any costs whatsoever, whether in <br />law or in equity, which arise out <br />of, are due to, or are based upon <br />Landlord's breach of this <br />representation and warranty. <br />(f) Provided Tenant is not in default of the Lease as <br />herein provided, Tenant shall have the right, during the term <br />hereof, to grant a mortgage lien or a security interest in its <br />leasehold estate created hereby, all improvements constructed <br />thereon, and any goods and personal property of every type and <br />description owned by Tenant and installed or kept on the Demised <br />Premises< Landlord hereby consents to any such mortgage lien or <br />security interest and disclaims any interest of any kind in any <br />fixtures and equipment installed or kept in the Demised Premises. <br />Landlord agrees that it will, within ten (10) days after <br />receiving any written request from Tenant, confirm the foregoing <br />consent and disclaimer in writing; provided, however, that the <br />Landlord's fee title is not nor shall be subordinated to any <br />mortgage lien or security interest given by Tenant. <br />TERM <br />2. (a) The terms and conditions of this Lease shall <br />become effective ("Effective Date") on (i) the date Tenant sends <br />written notice, if any, to Landlord that the conditions set forth <br />hereinbelow in paragraph 17(e) have been met to Tenant's sole <br />satisfaction within said ninety (90) day period, and (ii) the <br />Tenant has paid to Landlord all of the first year's rental due <br />and owing pursuant to paragraph 4(a) hereinbelow. The Term of <br />this Lease shall commence on the first day of the calendar month <br />next following the Effective Date (hereinafter referred to as the <br />"Commencement Date") and shall end at midnight on the last day of <br />the month preceding the month in which the thirty-fifth (35th) <br />annual anniversary of the Commencement Date shall have occurred. <br />At the time the Effective Date and the Commencement Date are <br />established, the parties hereto will enter into a Supplemental <br />Letter Agreement stipulating both the Effective Date of this <br />Lease and the Commencement Date of the Term of this Lease as <br />provided herein. Tenant shall be responsible for all expenses <br />attributable to any permit and license applications and Landlord <br />shall have no obligations with respect thereto. Landlord agrees, <br />however, if necessary, to execute such consents, and to cooperate-- <br />with Tenant, at Tenant's expense, in obtaining all licenses, <br />zoning approvals, and permits as may be necessary or required for <br />the operation and construction of Tenant's Facility. <br />5.