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D. Prior Agreements Superseded. This Sublease constitutes the sole <br />and entire agreement of the parties with respect to the subject matter hereof and <br />supersedes any prior understandings or written or oral agreement between the parties <br />respecting such subject matter. <br />E. Disclaimer of Warranty. SUBLESSEE HEREBY EXPRESSLY <br />DISCLAIMS ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE <br />FOR SUBLESSEE'S INTENDED PURPOSE, AND SUBLESSEE'S OBLIGATION TO <br />PAY RENT AND OTHER CHARGES HEREUNDER IS NOT DEPENDENT UPON THE <br />CONDITION OF THE PREMISES OR THE PERFORMANCE BY SUBLESSOR OF <br />ANY OBLIGATIONS HEREUNDER. SUBLESSEE WILL CONTINUE TO PAY THE <br />RENT AND OTHER CHARGES DUE AND PAYABLE BY SUBLESSEE HEREUNDER <br />WITHOUT ABATEMENT, SET OFF OR DEDUCTION, NOTWITHSTANDING ANY <br />BREACH OR ALLEGED BREACH BY SUBLESSOR OF SUBLESSOR'S DUTIES OR <br />OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. <br />F. Attorneys' Fees. If any action at law or in equity, including an action <br />for declaratory relief, is brought by other party hereto to enforce or interpret the <br />provisions of this Sublease, the prevailing party in such action will be entitled to recover <br />from the non - prevailing party such prevailing party's reasonable attorneys' fees and <br />costs incurred, which fees and costs may be set by the court in the trial of such action or <br />may be enforced in a separate action for that purpose, and which fees and costs will be <br />in addition to any other relief which may be awarded in such action. <br />G. Counterparts. To facilitate execution of this Sublease, this Sublease <br />may be executed in one or more counterparts as may be convenient or required, and an <br />executed copy of this Sublease delivered by facsimile will have the effect of an original, <br />executed instrument. All counterparts of this Sublease will collectively constitute a single <br />instrument; but, in making proof of this Sublease, it will not be necessary to produce or <br />account for more than one such counterpart. It will not be necessary for the signature of, <br />or on behalf of, each party hereto, or that the signature of all persons required to bind <br />any such party, appear on each counterpart of this Sublease. Each signature page to <br />any counterpart of this Sublease may be detached from such counterpart without <br />impairing the legal effect of the signatures thereon and thereafter attached to another <br />counterpart of this Sublease identical thereto except having attached to it additional <br />signature pages. <br />H. No Offer. The submission of this Sublease to Sublessee should not <br />be construed as an offer, nor will Sublessee have any rights hereunder or to the <br />Premises, unless and until Sublessor has executed a copy of this Sublease and <br />delivered the same to Sublessee. <br />I. Time of Essence. Time is of the essence in this Sublease. <br />J. Survival of Sublessee Obligations. Any terms and provisions of this <br />Sublease pertaining to rights, duties or liabilities extending beyond the expiration or <br />11 <br />1205992 .2 <br />M <br />