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EXHIBIT 5 <br />Premises and is hereby incorporated by reference. The Lease contains and sets forth additional rights, <br />terms, conditions, duties, and obligations not enumerated within this instrument which govern the <br />Lease. This Memorandum is for informational purposes only and nothing contained herein may be <br />deemed in any way to modify or vary any of the terms or conditions of the Lease. In the event of any <br />inconsistency between the terms of the Lease and this instrument, the terms of the Lease shall <br />control. The rights and obligations set forth herein shall be binding upon and inure to the benefit of <br />the Parties hereto and their respective heirs, representatives, successors, and assigns. <br />City Council 16 — 225 12/7/l 158 <br />9138-126780\1512539.3 <br />