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<br />managing general partner or other general partner or any corporate limited partner <br /> <br />of Flatirons, or against any direct or indirect parent corporation of such corporate <br /> <br />managing general partner or other general partner or of any limited partner of <br /> <br />Flatirons or any other subsidiary or affiliate of any such direct or indirect parent <br /> <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 10 shall be construed to limit the exercise or <br /> <br />enforcement, in accordance with the terms of this Second Amendment and any <br /> <br />other documents referred to herein, of rights and remedies against the limited <br /> <br />¡,.i"Y <br />=, <br />c:~ <br /> <br />partnership or the corporate managing general partner or any other general partner <br /> <br />of Flatirons or the assets of the limited partnership or the corporate managing <br /> <br />¡..~, <br /> <br />general partner or any other general partner of Flatirons. As used in this Section 10, <br /> <br /> <br />"affiliate" means any other person controlling, controlled by or under direct or <br /> <br />indirect common control with such person; "person" means any individual, <br /> <br />corporation, partnership, limited liability company, private limited company, joint <br /> <br />venture, association joint-stock company, trust, unincorporated association, organ <br /> <br />of government or any agency or political subdivision thereof; and" control," when <br /> <br />used with any specified person, means the power to direct the management and <br /> <br />policies of such person, directly or indirectly, whether through the ownership of <br /> <br />voting securities, by contract or otherwise; and the terms" controlling" and <br /> <br />IIcontrolled" have meanings correlative to the foregoing. <br /> <br />-11- <br /> <br />2DAAMND8.DOC <br />