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EXHIBIT D

SAMPLE CLAUSE PROTECTING LANDLORD FROM

INADVERTENT RELEASE OF ASSIGNOR

The joint and several liability of Tenant named herein and any immediate and remote successor in interest of Tenant (by assignment or otherwise), and the due performance of the obligations of this Lease on Tenant’s part to be performed or observed, shall not in any way be discharged, released or impaired by any (a) agreement that modifies any of the rights or obligations of the parties under this Lease, (b) stipulation that extends the time within which an obligation under this Lease is to be performed, (c) waiver of the performance of an obligation required under this Lease, or (d) failure to enforce any of the obligations set forth in this Lease.  

The following optional text may be added as a compromise to the tenant:

However, in no way shall Tenant be bound by any additions or modifications to the Lease that enlarge, expand or increase Tenant’s liability or obligations thereunder (e.g., an increase in rent or expansion of the Premises), except for an exercise of the following options under the Lease:  [reference any options to extend, expand, etc., that are granted the tenant under the Lease and that may be exercised by the transferee].  

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