Miscellaneous. a. This Sixth Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Sixth Amendment may be amended only by an agreement in writing, signed by the parties hereto. b. This Sixth Amendment is binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns. c. This Sixth Amendment may be executed in any number of counterpa
...rts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Sixth Amendment attached thereto. d. Except as amended and/or modified by this Sixth Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this Sixth Amendment. In the event of any conflict between the provisions of this Sixth Amendment and the provisions of the Lease, the provisions of this Sixth Amendment shall prevail. Whether or not specifically amended by this Sixth Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Sixth Amendment.
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Miscellaneous.
a. This Sixth Amendment
is the entire agreement between the parties with respect to the
subject matter hereof Credit Agreement, and
supersedes all
prior other terms and
contemporaneous oral and written agreements and discussions. This conditions of the Credit Agreement not specifically amended by this Sixth Amendment
may shall continue and remain in full force and effect. No variation, modification or amendment to this Sixth Amendment shall be
amended only by an agreement in writing, deemed vali...d or effective unless and until it is signed by the parties hereto. b. This Sixth Amendment is binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns. c. This Sixth Amendment may be executed in any number of counterparts, each of which once so executed shall be deemed an original, but to be original and all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Sixth Amendment attached thereto. d. Except as amended and/or modified by this Sixth Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this Sixth Amendment. In the event of any conflict between the provisions of this Sixth Amendment and the provisions of the Lease, the provisions of this Sixth Amendment shall prevail. Whether or not specifically amended by this Sixth Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Sixth Amendment. agreement.
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Miscellaneous.
a. This 13.1This Sixth Amendment
is and the attached exhibits, which are hereby incorporated into and made a part of this Sixth Amendment, set forth the entire agreement between the parties with respect to the
subject matter hereof matters set forth herein. There have been no additional oral or written representations or agreements. Tenant shall not be entitled, in connection with entering into this Sixth Amendment, to any free rent, allowance, alteration, improvement or similar economic incenti...ve to which Tenant may have been entitled in connection with entering into the Lease, except as may be otherwise expressly provided in this Sixth Amendment. 13.2Except as herein modified or amended, the provisions, conditions and supersedes all prior terms of the Lease shall remain unchanged and contemporaneous oral in full force and written agreements effect. 13.3In the case of any inconsistency between the provisions of the Lease and discussions. This this Sixth Amendment, the provisions of this Sixth Amendment may be amended only by an agreement in writing, signed by the parties hereto. b. This shall govern and control. 13.4Submission of this Sixth Amendment by Landlord is binding upon not an offer to enter into this Sixth Amendment but rather is a solicitation for such an offer by Tenant. Landlord shall not be bound by this Sixth Amendment until Landlord has executed and delivered it to Tenant. 13.5Capitalized terms used but not defined in this Sixth Amendment shall inure have the meanings given in the Lease. 13.6Tenant shall indemnify and hold Landlord, its trustees, members, principals, beneficiaries, partners, officers, directors, employees, mortgagee(s) and agents, and the respective principals and members of any such agents harmless from all claims of any brokers in connection with this Sixth Amendment. Tenant acknowledges that any assistance rendered by any agent or employee of any affiliate of Landlord in connection with this Sixth Amendment has been made as an accommodation to Tenant solely in furtherance of consummating the benefit transaction on behalf of Landlord, and not as agent for Tenant. 13.7Landlord acknowledges that no Security Agreement (as defined in Article 17 of the parties hereto, their respective successors and assigns. c. This Original Lease) exists on the date hereof. 13.8This Sixth Amendment may be executed in any number of counterparts, each duplicate originals, all of which shall be deemed an original, of equal legal force and effect. Additionally, this Sixth Amendment may be executed in counterparts, but shall become effective only after each party has executed a counterpart hereof; all of which said counterparts when taken together together, shall constitute one the entire single agreement between the parties. This Sixth Amendment may be executed by a party's signature transmitted by portable document format ("pdf') or email or by a party's electronic signature (collectively, "pdf Signatures"), and copies of this Sixth Amendment executed and delivered by electronic means or originals of this Sixth Amendment executed by pdf Signature shall have the same instrument. The force and effect as copies hereof executed and delivered with original wet signatures. All parties hereto may rely upon emailed or pdf Signatures as if such signatures were original wet signatures. Any party executing and delivering this Sixth Amendment by pdf or email shall promptly thereafter deliver a counterpart signature page of any counterpart this Sixth Amendment containing said party's original signature. All parties hereto agree that a pdf or emailed signature page or a pdf Signature may be detached therefrom without impairing the legal effect introduced into evidence in any proceeding arising out of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties or related to this Sixth Amendment attached thereto. d. Except as amended and/or modified by this Sixth Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this Sixth Amendment. In the event of any conflict between the provisions of this Sixth Amendment and the provisions of the Lease, the provisions of this Sixth Amendment shall prevail. Whether or not specifically amended by this Sixth Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Sixth Amendment. if it were an original wet signature page.
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Miscellaneous.
a. 5.1 Terms used in this Sixth Amendment and not otherwise defined shall have the meanings ascribed to them in the Lease. 5.2 This Sixth Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Sixth Amendment may be amended only by an agreement in writing, signed by the parties hereto.
b. 5.3 This Sixth Amendment is binding upon and shall inure to the benefit of
... the parties hereto, their respective agents, employees, members, representatives, officers, directors, divisions, subsidiaries, affiliates, assigns, heirs, successors in interest and assigns. c. shareholders. 5.4 This Sixth Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Sixth Amendment attached thereto. d. 5.5 Landlord and Tenant each represents and warrants that it has not dealt with any broker, agent or other person (collectively, "Broker") in connection with this Sixth Amendment and that no Broker brought about this transaction, other than Scheer Partners, Inc. ("SPI"). SPI shall be paid by Landlord pursuant to a separate agreement between Landlord and SPI. Landlord and Tenant each hereby agree to indemnify and hold the other harmless from and against any claims by any Broker (other than SPI) claiming a commission or other form of compensation by virtue of having dealt with Tenant or Landlord, as applicable, with regard to this Sixth Amendment. 5.6 Except as amended and/or modified by this Sixth Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this Sixth Amendment. In the event of any conflict between the provisions of this Sixth Amendment and the provisions of the Lease, the provisions of this Sixth Amendment shall prevail. Whether or not Regardless of whether specifically amended by this Sixth Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Sixth Amendment.
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Miscellaneous.
a. This a.This Sixth Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Sixth Amendment may be amended only by an agreement in writing, signed by the parties hereto.
b. This b.This Sixth Amendment is binding upon and shall inure to the benefit of the parties hereto, their respective
agents, employees, representatives, officers, directors, divisions, subsidia...ries, affiliates, assigns, heirs, successors in interest and assigns. c. This shareholders. c.This Sixth Amendment may be executed in any number of 2 or more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature page process complying with the U.S. federal ESIGN Act of 2000) or other transmission method and any counterpart may so delivered shall be detached therefrom without impairing the legal effect deemed to have been duly and validly delivered and be valid and effective for all purposes. Electronic signatures shall be deemed original signatures for purposes of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Sixth Amendment attached thereto. d. Except and all matters related thereto, with such electronic signatures having the same legal effect as original signatures. d.Except as amended and/or modified by this Sixth Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this Sixth Amendment. In the event of any conflict between the provisions of this Sixth Amendment and the provisions of the Lease, the provisions of this Sixth Amendment shall prevail. Whether or not specifically amended by this Sixth Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Sixth Amendment.
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Miscellaneous. a. This Sixth Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Sixth Amendment may be amended only by an agreement in writing, signed by the parties hereto.
2 b. This Sixth Amendment is binding upon and shall inure to the benefit of the parties hereto,
and their respective successors and assigns. c. This Sixth Amendment may be executed in
any number of 2 o...r more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature page process complying with the U.S. federal ESIGN Act of 2000) or other transmission method and any counterpart may so delivered shall be detached therefrom without impairing the legal effect deemed to have been duly and validly delivered and be valid and effective for all purposes. Electronic signatures shall be deemed original signatures for purposes of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Sixth Amendment attached thereto. and all matters related thereto, with such electronic signatures having the same legal effect as original signatures. d. Except as amended and/or modified by this Sixth Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this Sixth Amendment. In the event of any conflict between the provisions of this Sixth Amendment and the provisions of the Lease, the provisions of this Sixth Amendment shall prevail. Whether or not specifically amended by this Sixth Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Sixth Amendment.
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Miscellaneous. a. This Sixth Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Sixth Amendment may be amended only by an agreement in writing, signed by the parties hereto. b. This Sixth Amendment is binding upon and shall inure to the benefit of the parties hereto,
and their respective successors and assigns. c. This Sixth Amendment may be executed in
any number of 2 or ...more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature page process complying with the U.S. federal ESIGN Act of 2000) or other transmission method and any counterpart may so delivered shall be detached therefrom without impairing the legal effect deemed to have been duly and validly delivered and be valid and effective for all purposes. Electronic signatures shall be deemed original signatures for purposes of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Sixth Amendment attached thereto. and all matters related thereto, with such electronic signatures having the same legal effect as original signatures. d. Except as amended and/or modified by this Sixth Amendment, the Lease is hereby ratified and confirmed and all other terms of the Lease shall remain in full force and effect, unaltered and unchanged by this Sixth Amendment. In the event of any conflict between the provisions of this Sixth Amendment and the provisions of the Lease, the provisions of this Sixth Amendment shall prevail. Whether or not specifically amended by this Sixth Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Sixth Amendment. [Signatures are on the next page.]
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