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c.

Assignor is not in default in the performance of any of its obligations under the Lease and there is not now any fact or condition which, with notice or lapse of time or both, would constitute such a default.  

d.

Landlord is not in default in the performance of any of its obligations under the Lease and to Assignor’s knowledge, there is not now any fact or condition which, with notice or lapse of time or both, would constitute such a default.  

e.

The Lease or any interest therein has not been previously assigned, transferred, conveyed or pledged by Assignor.

f.

Assignor’s interest in the Lease is free and clear of all liens, restrictions, security interests and other encumbrances of any kind or nature whatsoever.

g.

There are no claims or threatened claims outstanding against Assignor that arose or may arise in connection with the Premises.

h.

Assignor does not have any unpaid obligations for labor, service or materials provided in connection with the Premises.

i.

Assignor has paid all fixed and additional rent and all other sums due and payable under the Lease in full and the rental payment for the month of ____________ has been prepaid in full.

j.

The commencement of the Lease term is _______ and the end of the Lease term is _______, unless sooner terminated as provided in the Lease.

k.

Assignor received possession of the Premises from Landlord in the condition required to be delivered to Assignor under the Lease and all work required to be performed by Landlord has been fully completed.  

3.

Landlord’s Consent and Release.  Landlord, as present and sole owner and holder of all the landlord’s right, title and interest in, to and under the Lease hereby irrevocably consents to this Assignment, including, but not limited to: (a) Assignor’s assignment of the Lease to Assignee, and Assignee’s assumption of all the rights and obligations of the Lease, arising on and after the Effective Date, including, but not limited to the renewal option contained in Section ____ of the Lease; (b) Assignor’s transfer to Assignee of all leasehold improvements and fixtures located in the Premises which are the property of Assignor; and (c) the transfer by Assignor to Assignee of the security deposit.  Landlord hereby waives any provision of the Lease prohibiting or conditioning any assignment and assumption of the Lease as described in this Assignment.  Landlord hereby releases Assignor from any and all obligations owing under the Lease arising on or after the Effective Date.   

4.

Representations and Warranties of Landlord.  In consideration of the assumption of the Lease by Assignee set forth herein, Landlord represents and warrants to Assignee as follows:

a.

A true, correct and complete copy of the Lease, as modified or amended, is attached hereto as Exhibit A and the Lease constitutes the entire agreement between Assignor and Landlord with respect to Premises.  

b.

The Lease is in full force and effect.

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