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(s) THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, <br />PROCEEDING, OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER <br />PARTY, ARISING FROM OR RELATING TO THE SUBJECT MATTER HEREOF. THE <br />PARTIES HERETO WAIVE ANY RIGHT TO ANY PUNITIVE DAMAGES, AND EACH PARTY <br />HEREBY IRREVOCABLY WAIVES ANY RIGHT TO SUCH DAMAGES. <br />34. LANDLORD'S _REPRESENTATIONS: Landlord hereby covenants, warrants and <br />represents to Tenant that: <br />(a) Landlord has the sole right, legal power and authority to enter into this Lease. <br />(b) All required actions have been taken and satisfied by Landlord to authorize the <br />execution and performance of this Lease. No other proceedings or actions on the part of <br />Landlord are necessary to authorize this Lease or to carry out the transactions contemplated <br />hereby. This Agreement constitutes the legal, valid and binding obligation of Landlord <br />enforceable against Landlord in accordance with its terms, <br />(c) The individual(s) executing this Lease, on behalf of Landlord, has (or have) the full <br />right, legal power and actual authority to bind Landlord to the terms and conditions hereof. <br />(d) INTENTIONALLY OMITTED <br />(e) Neither the execution nor the provisions of this Lease violates or breaches or shall <br />violate or breach any term or provision of any agreement, written or oral, between Landlord and <br />any third party, and that if legal proceedings are instituted by any party to prohibit the use, <br />operation or enjoyment of the Demised Premises, or any part thereof, as provided in this Lease, <br />Landlord shall assume the defense of any such legal proceedings and shall indemnify Tenant <br />from and against any and all claims arising from or out of any such legal proceedings and /or the <br />total or partial loss of the use, operation or enjoyment of the Demised Premises, or any part <br />thereof, as provided in this Lease. <br />35. EXISTING LEASE. Tenant presently leases the Demised Premises from Landlord <br />under a Lease Agreement executed on behalf of Chief Auto Parts Inc., a Delaware corporation <br />( "original tenant ") on September 7, 1990 and by Jerome B. Esterkin (original landlord ") on <br />6638 Freestanding Building Lease 04212016 25G-20 18 <br />