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Any such Safe Harbor Election shall be binding on the LLC and on all of its Members with respect to all permitted transfers of Compensatory Interests thereafter made by the LLC while a Safe Harbor Election is in effect.

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Lenders to Borrowing Agent shall be conclusively presumed correct absent demonstrable error.

Member, Manager or committee member entitled to notice underthis Agreement if the Person entitled to notice signs a Written waiver of notice of the meeting, regardless of whether the waiver is signed before or after the time of the meeting.

Landlord had never received the Recovered Payment.

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LIBOR Rate Loan to a Domestic Rate Loan, specifying, in each case, the date of such conversion, the loans to be converted and if the conversion is to a LIBOR Rate Loan, the duration of the first Interest Period therefor.

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The fiduciary duties of the Members that are owed by reason of their capacity as Members are owed to the Company, and the Members shall owe no fiduciary duty to any individual Member.

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The conditions to any release will vary depending on the space, Tenant, Guarantor and market conditions.

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