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<br /> <br /> <br />4. Indemnity. Assignor shall indemnify and defend Assignee against and hold <br />Assignee harmless from any and all losses, costs, damages, liabilities, and expenses, including, <br />without limitation, reasonable attorneys’ fees, incurred by Assignee as a result of any claim <br />arising under the Lease and based on events occurring before the Effective Date. Assignee shall <br />indemnify and defend Assignor against and hold Assignor harmless from any and all losses, <br />costs, damages, liabilities, and expenses, including, without limitation, reasonable attorney fees, <br />incurred by Assignor as a result of any claim arising under the Lease and based on events <br />occurring on or after the Effective Date. <br />5. Warranties of Assignor. Assignor warrants, represents, and covenants to <br />Assignee, to the best of Assignor's knowledge, as to the Lease, as follows: <br />a. Assignor is not in default under the Lease, nor has any event or omission <br />occurred that with the giving of notice and the expiration of any applicable cure period would <br />constitute a default of Assignor under the Lease. <br />b. Landlord is not in default under the Lease, nor has any event or omission <br />occurred that with the giving of notice and the expiration of any applicable cure period would <br />constitute a default of Landlord under the Lease. <br />IN WITNESS WHEREOF, the Parties hereto have executed this Assignment on the date <br />first above written. <br />ASSIGNOR: <br /> <br />SUPER 5 KITCHEN, INC., <br />a California corporation <br /> <br />By:________________________________ <br />He Hao Huang, Chief Executive Officer/ <br />Chief Financial Officer <br /> <br />By:________________________________ <br /> Guo Cheng Lin, Secretary <br /> <br /> <br /> <br />ASSIGNEE: <br /> <br /> <br /> <br /> <br />By: ____________________________ <br />Name: ________________________ <br />Title: _________________________ <br /> DRAFT