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DO NOT RECORD <br />Tenant shall not voluntarily or by operation of law assign, transfer, sublet, mortgage, or <br />otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the <br />Premises without Landlord's prior written consent, which consent shall not be unreasonably <br />withheld. Any attempted assignment, transfer, mortgage, encumbrance, or subletting <br />without such consent shall be void and shall constitute a breach of this Lease. With <br />Landlord's prior approval, Tenant may assign or sublet to any corporation which controls, <br />is controlled by or is under common control with Tenant, or to any corporation resulting <br />from the merger or consolidation with Tenant, or to any person or entity which acquires all <br />the assets of Tenant as a going concern of the business that is being conducted on the <br />Premises, all of which are referred to as "Tenant Affiliate". Any assignment or subletting <br />of the Premises shall not, in any way, affect or limit the liability of the Tenant under the <br />terms of this Lease. <br />Regardless of Landlord's consent, no subletting or assignment shall release Tenant of <br />Tenant's obligation to pay the full monthly rent and to perform all other obligations to be <br />performed by Tenant hereunder for the term of this Lease. The acceptance of rent by <br />Landlord from any other person shall not be deemed a waiver by Landlord of any provision <br />hereof. Consent to one assignment or subletting shall not be deemed consent to any <br />subsequent assignment or subletting. <br />Section 6.05 Cumulative Remedies <br />The remedies given to Landlord in this Agreement shall not be exclusive, but shall be <br />cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere <br />provided in this Agreement. <br />Section 6.06 Waiver of Breach <br />The waiver by Landlord of any breach by Tenant of any of the provisions of this <br />Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach <br />by Tenant either of the same or another provision of this Agreement. <br />ARTICLE 7 —HAZARDOUS MATERIALS <br />Section 7.01 <br />At the time of execution of this Agreement, Landlord warrants that the Premises is clean <br />and contains no known hazardous materials. Tenant represents and warrants that it will <br />comply with all environmental laws during the term of this Agreement; its use of the <br />Premises herein will not generate any hazardous substance, and it will not store or <br />dispose on the Premises nor transport to or over the Premises any hazardous substance. <br />Tenant further agrees to clean-up and remediate any hazardous substance on the Premises <br />and Property, and hold Landlord harmless from and indemnify Landlord against any <br />release of any such hazardous substance and any damage, loss, or expense or liability <br />resulting from such release including all attorneys' fees, costs and penalties incurred as a <br />result thereof except any release caused by the negligence of Landlord, its employees or <br />agents, or other tenants of the Property. "Hazardous substance" shall be interpreted <br />10 <br />