6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage

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Tenant and Landlord is given written notice thereof, including the post office address of such assignee, then Landlord shall not pursue any remedy for any default on the part of "Tenant without tlrst giving written notice to Tenant and such assignee, specifying the default in reasonable detail, and affording Tenant and such assignee a reasonable opportunity to make performance for and on behalf of Tenant. ARTICLE XIV. INTENTIONALLY DELITE.D ARTICLI' XV. BROKERAGl; COMMISSIONS Mach of Landlord and Tenant represent and warrant that they, respectively, have not retained any broker, agent, tinder or similar party in connection with the transaction contemplated by this Lease, and each of Landlord and Tenant hereby indemnities, defends and holds harmless the other from any liability, cost or expense (including, without limitation, reasonable attorneys' fees and costs of enforcement of the foregoing indemnity, whether arising in any underl}~ing action or in the enforcement of this right of indemnification) arising out of the falsity of the foregoing representation by such party. ARTICLE XVI. GENERAL PROVISIONS Section 16.1. REPRESL,NTA"LIONS AND WARRANTll?S. (A) Landlord represents and wan~ants to Tenant that neither the execution of this Lease by Landlord nor the execution of the Master Lease by the Master Tenant shall conflict with, violate, result in a breach of constitute a default (or an event which, with notice or lapse of time or both, would constitute a default) under, or give rise to any right of termination, cancellation, or acceleration under any provision of any note, license.. contract, commitment, agreement, understanding, or other instrument or obligation to which Landlord is a party, including, without limitation, that certain Trust Agreement, dated as of March ], 2008, 6y and between the Master Tenant and U.S. Bank National Association (the "Trust Agreement") (B) Landlord represents and warrants to Tenant that (i) this Lease satisfies all of the requirements of the Sublease and the Trust Agreement, (ii) the Sublease complies and does not conflict with the terms and conditions of this Lease or the Trust Agreement, and (iii) this Lease is permitted by the terms of the Sublease and the Trust Agreement. (C) Neither Landlord nor, to Landlord's knowledge, the Trustee, is in default under the Trust Agreement nor dots a condition or circumstance exist that would constitute a default under the "trust Agreement but for the giving of notice, the passage of time, or both. (D) The undersigned person executing this Lease on behalf of Landlord represents and warrants to "tenant that such person is an authorized representative of Landlord and has been -10-