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effect to the full extent provided therein. Notwithstanding anything to the contrary in this Assignment, Assignee shall not be liable to Assignor or any third party (including, without limitation, governmental authorities) for any pre-existing environmental conditions (including, without limitation, the presence of Hazardous Materials, as defined in Article 22 of the Lease) at, on, under or migrating onto or from the Premises or any Hazardous Materials brought into or released at or on the Premises or otherwise resulting, either directly or indirectly, from the Existing Motor Fuels Facility (as defined in Article 2C of the Lease) and/or the Existing Motor Fuels Equipment prior to the Delivery Date (as defined in Article 2(b) of the Lease. 3. Governing Law. THIS ASSIGNMENT SHALL BE CONSTRUED, PERFORMED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS. 4. Conflict and Inconsistency. To the extent any conflict or inconsistency exists between the provisions of this Assignment and the Lease, the provisions of the Lease shall control. This Assignment shall not alter or diminish either party's obligations under the Lease, including but not limited to, indemnification obligations. S. Counterparts,. This Assignment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. EXECUTED as of the day and year first above written. Witness: By A 0A,"-,", N s ey Combes Title: Executive Assistant Witness: B D. B(yant Assist Secretary 67779496v.21035045-003236 ASSIGNOR STHEM PACMC LLC, a California limited liability company a By: Name. Ross Hill him Title: Manager ASSIGNEE 7 -ELEVEN, INC., a Texas corporation By: Name Title: VIM ftsident 2