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(c) there are no existing bases for Landlord to cancel,terminate,modify or surrender <br /> the Lease and Landlord has not commenced any action or sent any notice to Assignor(or <br /> received any notice from Assignor) for the purpose of exercising remedies, terminating, <br /> modifying or surrendering the Lease; <br /> (d) there are no defenses, offsets, credits, rent increases or claims of Landlord <br /> pursuant to any of the agreements,terms,covenants or conditions of the Lease; <br /> (e) no security deposit has been given by Assignor under the terms of the Lease,and <br /> (f) there are no actions, whether voluntary or otherwise, pending against Landlord <br /> under the bankruptcy laws of the United States or any state thereof. <br /> 3. Miscellaneous. <br /> (a) Each undersigned person represents and warrants that it is has all necessary legal <br /> capacity and authority to execute this Estoppel and Consent and perform its obligations <br /> hereunder. <br /> (b) This Estoppel and Consent shall be binding upon Landlord and its successors, <br /> transferees and assigns, and inure to the benefit of Assignee and Assignor and their <br /> respective successors,transferees and assigns. <br /> [Signature page follows) <br /> 2 <br />