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Tracking# 10-41274 <br /> NO WARRANTIES <br /> 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY <br /> STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR <br /> IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR <br /> WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE <br /> CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL <br /> WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR <br /> WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, <br /> WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY <br /> OR FITNESS FOR A PARTICULAR PURPOSE. <br /> QUIET ENJOYMENT <br /> 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR <br /> UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE <br /> THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. <br /> DEFAULT <br /> 26. If default shall be made in any of the covenants or agreements of Licensee contained in <br /> this License and Licensee shall fail to cure said default within.30 days after written notice <br /> is provided to Licensee by Licensor, or in case of any assignment or transfer of this <br /> License by operation of law, Licensor may, at its option, terminate this License by <br /> serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor of any <br /> default or defaults shall not constitute a waiver of the right to terminate this License for <br /> any subsequent default or defaults, nor shall any such waiver in any way affect <br /> Licensor's ability to enforce any Section of this License. The remedy set forth in this <br /> Section 26 shall be in addition to, and not in limitation of, any other remedies that <br /> Licensor may have at law or in equity. <br /> LIENS AND CHARGES <br /> 27. Licensee shall promptly pay and discharge any and all liens arising out of any <br /> construction, alterations or repairs done, suffered or permitted to be done by Licensee <br /> on Premises. Licensor is hereby authorized to post any notices or take any other action <br /> upon or with respect to Premises that is or may be permitted by law to prevent the <br /> attachment of any such liens to Premises; provided, however, that failure of Licensor to <br /> take any such action shall not relieve Licensee of any obligation or liability under this <br /> Section 27 or any other Section of this License. Licensee shall pay when due any taxes, <br /> assessments or other charges (collectively, "Taxes") levied or assessed upon the <br /> Improvements by any governmental or quasi-governmental body or any Taxes levied or <br /> assessed against Licensor or the Premises that are attributable to the Improvements. <br /> TERMINATION <br /> 28. This License may be terminated by Licensor, at any time, by serving one hundred eighty <br /> (180) days' written notice of termination upon Licensee. This License may be terminated <br /> by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in <br /> effect. Upon expiration of the time specified in such notice, this License and all rights of <br /> Licensee shall absolutely cease. <br /> Form 424;Rev.04/26/05 <br /> -179 <br />