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operations imposed by any such applicable Laws, permits, and requirements of all Governmental <br /> Authorities having jurisdiction over the Demised Property shall not excuse full performance of <br /> this Lease by Tenants and the Landlord shall not be liable to Tenants for damages covered by the <br /> interruption(temporary or permanent)of Tenants' business. <br /> ARTICLE 30 LANDLORD ASSIGNMENT <br /> Section 30.01 This Lease shall be fully assignable by Landlord or its successors and <br /> assigns. Tenants agree to cooperate reasonably with Landlord in connection with any such <br /> assignment. <br /> Section 30.02 Landlord and Tenants agree that this Lease constitutes a true lease and not <br /> a financing or other form of transaction (including for federal income tax purposes). In <br /> furtherance of the foregoing, Landlord and Tenants each irrevocably waives any claim or defense <br /> based upon the characterization of this Lease as anything other than a true lease and irrevocably <br /> waives any claim or defense that asserts that this Lease is anything other than a true lease. <br /> Landlord and Tenants covenant and agree that they will not assert that this Lease is anything but <br /> a true lease. Landlord and Tenants each stipulate and agree not to challenge the validity, <br /> enforceability or characterization 'of this Lease of the Demised Property as a true lease and <br /> further stipulate and agree that nothing contained in this Lease creates or is intended to create a <br /> joint venture, partnership (either de jure or de facto), equitable mortgage, trust, financing device <br /> or arrangement, security interest or the like. Landlord and Tenants each shall support the intent <br /> of the parties that the lease of the Demised Property pursuant to this Lease is a true lease and <br /> does not create a joint venture, partnership (either de jure or de facto), equitable mortgage, trust, <br /> financing device or arrangement, security interest or the like, if, and to the extent that, any <br /> challenge occurs. Tenants have discussed the characterization of this Lease with their <br /> independent auditors and Tenants believe that this Lease will be treated as an operating lease <br /> rather than a capital lease. Landlord shall have the sole right to claim all depreciation with <br /> respect to the Demised Property. For the avoidance of doubt, Tenants shall be entitled to claim <br /> all depreciation with respect to any Tenants Equipment. <br /> ARTICLE 31 LANDLORD'S RIGHTS UNDER LEASE <br /> Any and all rights of Landlord under this Lease shall inure to the benefit of Landlord's <br /> successors and assigns, as well as Landlord's Lenders and/or any Landlord's Mortgagees and <br /> their respective successors and assigns as third party beneficiaries. <br /> ARTICLE 32 SALE OF ONGOING BUSINESS BY TENANT'S PREDECESSOR <br /> TO BE DISCUSSED WITH LANDLORD ADDENDUM SHALL BE MADE IF <br /> AGREEMENT IS REACHED AT ANY POINT. <br /> ARTICLE 33 INTERPRETATION <br /> 33 <br />