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obligation created by this Section shall be expressly conditioned upon Land Owner delivering to Licensee reasonable notice ofany Losses. 4. Land Owner represents and warrants that it has full authority to give Licensee access to the Property as provided forherem. 5. Licensee shall conduct the Due Diligence Inspection in compliance with all applicable loca],state and federal law,rules and regulations. 6. The license hereby given does not represent a lease or create any interest in the Property or any other property owned by Land Owner,and it shall not be deemed to create a partnership,joint venture or any association or relationship between Land Owner and Licensee. This Agreement does not constitute an offer or agreement to purchase the Property by Licensee, and Licensee makes no representation or warranty with respect thereto. 7. For the purposes of providing notices and communications between the Parties, the addresses of Land Owner and Licensee shall be as follows: I Land Owner. Licensee: ProLogis Logistics Services FedEx Gromd Package System,Inc. Pier 1,Bay 1 1000 FedEx Drive San Francisco,CA 94111-2028 Moon Township,Pennsylvania 15108 Atte:Daniel S.Letter Attn:Real Estate Department Facsimile:(415)394-9000 Facsimile:(412)859-2655 With a copy to: With a copy to: c%ProLogis Hearer,Stark&Mamis,LLP 4545 Airport Way 2150 River Plaza Drive,Suite 450 Denver,CO 80239 Sacramento,CA 95833 Attn:Legal Department Attn: Martin B.Steiner,Esq. Facsimile No.:(916)925-1127 With a copy to: do ProLogis 4545 Airport Way Denver,CO 80239 Attn:Laura Porter Facsimile No.:(303)567-5761 Any notices and other communications to be delivered by either party to the other pursuant to this Agreement shall be in writing and shall be deemed delivered as follows:(A)when hand delivered or sent via facsimile (FAX) (provided that FAXED notices must be confirmed within any applicable time period plus two(2)days by one of the following methods of notice); (B)one(1)business day after mailing by FedEx Express or other overnight courier service;or(C)three(3)business days after deposit in the United States mail by registered or certified mail, postage prepaid, return receipt requested,addressed to the party to be charged with notice at the above-recited address or the above recited FAX number or such other address or FAX number as either party from time to time may designate by notice delivered to the other,provided,however,that no notice of change of address or FAX number shall be deemed given until received by the party to be notified. Except as otherwise DM#48781 v6 TRACY[Sacramento 111,CA-early access agreement[ProLogis]