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<br />corporation or any incorporator, shareholder officer or director, as such, past, <br /> <br />present or future, of any such parent or other subsidiary or affiliate, it being <br /> <br />understood that Flatirons is a limited partnership formed for the purpose of owning <br /> <br />the Property and acting as lessor to EAR, on the express understanding aforesaid. <br /> <br />Nothing contained in this Section 6 shall be construed to limit the exercise or <br /> <br />enforcement, in accordance with the terms of this Agreement and any other <br /> <br />documents referred to herein, of rights and remedies against the limited partnership <br /> <br />or the corporate managing general partner or any other general partner of Flatirons <br /> <br />or the assets of the limited partnership or the corporate managing general partner or <br /> <br />any other general partner of Flatirons. As used in this Section 6, "affiliate" means <br /> <br />any other person controlling, controlled by or under direct or indirect common <br /> <br />control with such person; IIperson" means any individual, corporation, partnership, <br /> <br />limited liability company, private limited company, joint venture, association joint- <br /> <br />stock company, trust, unincorporated association, organ of government or any <br /> <br />agency or political subdivision thereof; and II control," when used with any specified <br /> <br />person, means the power to direct the management and policies of such person, <br /> <br />directly or indirectly, whether through the ownership of voting securities, by <br /> <br />contract or otherwise; and the terms II controlling" and II controlled" have meanings <br /> <br />correlative to the foregoing. <br /> <br />7. <br /> <br />Recordation. <br /> <br />This Amendment shall be recorded in the official records of the County of <br /> <br />San Mateo, California. <br /> <br />-7- <br /> <br />MBW /DAAMEND3.DOC <br />