Landlord Representations. Landlord hereby represents and warrants to Tenant that as of the Effective Date: # all of Landlord’s estate, right, title and interest in and to the Lease is free and clear of assignments, sublettings, liens and encumbrances; # the Lease is in full force and effect; # Landlord has all required rights, title and interest in the Building in order to fulfill its obligations hereunder; # the Lease has not been modified, supplemented or amended in any way, except as may be set forth in this Sixth Amendment; # this Sixth Amendment has been duly authorized, executed and delivered by and on behalf of Landlord and constitutes the valid and binding agreement of Landlord in accordance with the terms hereof.

Tenant’s Representations. Tenant hereby represents and warrants to Landlord that as of the Effective Date: # all of Tenant’s estate, right, title and interest in and to the Lease is free and clear of assignments, sublettings, liens and encumbrances; # the Lease is in full force and effect; # Tenant is presently in possession of the Premises and has paid (and continues to pay) all Rent and any other charges or sums due under the Lease as the same become due and payable; # the Lease has not been modified, supplemented or amended in any way, except as may be set forth in this Sixth Amendment; # Tenant is not aware of any actionable defenses, claims or set-offs under the Lease against rents or charges due or to become due thereunder; and # this Sixth Amendment has been duly authorized, executed and delivered by and on behalf of Tenant and constitutes the valid and binding agreement of Tenant in accordance with the terms hereof.