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of the financial condition of Lessee and the ability of Lessee to perform the obligations hereby guaranteed <br />prior to making this Guaranty and Guarantor hereby waives any defense that Guarantor may have by reason <br />of Lessor's failure to provide Guarantor with any information respecting the financial condition of Lessee <br />or Lessee's ability to perform any of Lessee's obligations hereby guaranteed. In addition, Guarantor hereby <br />waives any duty on the part of Lessor to disclose to Guarantor any facts Lessor may now or hereafter know <br />about Lessee regardless of whether Lessor (a) has reason to believe that any such facts materially increase <br />the risk beyond that which Guarantor intends to assume, (b) has reason to believe that such facts are unknown <br />to Guarantor, or (c) has a reasonable opportunity to communicate such facts to Guarantor; it being <br />understood and agreed that Guarantor is fully responsible for being and keeping informed of the financial <br />condition of Lessee and of all circumstances bearing on the risk of nonperformance of any obligations hereby <br />guaranteed. <br />Notices. Except as otherwise required by law, any notice, information, demand, request, reply, or other <br />communication, (the "Notice" for purposes this section only), required or permitted to be given under the <br />provisions of this Guaranty shall be given or served as set out herein. Such Notice shall be deemed <br />sufficiently given if in writing and if: (a) deposited in the United States mail, certified, return receipt <br />requested, postage prepaid; or (b) sent by Express Mail or other similar overnight service, provided proof of <br />delivery is available as an ordinary business record of such overnight service. All Notices to Guarantor shall <br />be addressed to Guarantor at the address stated below unless changed by Notice to Lessor. All Notices to <br />Lessor shall be addressed to Lessor at Lessor's address for notices specified in the Lease unless changed by <br />Notice to Guarantor. Any Notice sent by mail shall be deemed given as of the earlier of (i) actual receipt or <br />(ii) at two (2) business days following the date of deposit in the mail. Any Notice sent by Express Mail, or <br />as otherwise provided in clause (b), shall be deemed given upon the date set forth on the proof of delivery. <br />Assignment. Guarantor shall have the right to assign the obligations of this Guaranty of Lease without <br />Lessor's prior written consent, but Guarantor will provide at least ten (10) days prior written notice of any <br />such assignment to Lessor. <br />Term and Termination. This Guaranty of Lease shall commence when executed and continue so long as the <br />Lease is effective, unless terminated as detailed herein. This Guaranty of Lease may be terminated by the <br />Guarantor upon sixty (60) days written notice of termination to Lessor if any of the following shall occur: <br />(a) Lease expires or is terminated; <br />(b) The Close of Purchase Option Escrow as defined in the Lease Addendum; <br />Miscellaneous. <br />(a) The term "Lessor" whenever used in this Guaranty refers to and means Lessor in the Lease <br />and also any assignee of Lessor whether by outright assignment or by assignment for <br />security and also any successor to the interest of Lessor or of any assignee of Lessor in the <br />Lease or any part thereof, whether by assignment or otherwise. <br />(b) The term "Lessee" whenever used in this Guaranty refers to and means the Lessee in the <br />Lease any assignee or sublessee of the Lease or any part thereof, and any successors to the <br />interest of Lessee, whether by assignment, sublease, orotherwise. <br />(c) Tile section headings in this Guaranty are for convenience only and are not to be considered <br />part of the substance of the provisions hereof. The use of the singular herein shall include <br />Page 3 <br />12311995. 1/48581-00004 <br />