Common use of WAIVER OF CONSUMER RIGHTS Clause in Contracts

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES BORROWER’S RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S OWN SELECTION, BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx

WAIVER OF CONSUMER RIGHTS. BORROWER PURCHASER HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER EDECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS ET SEQ., BUSINESS AND & COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S ITS OWN SELECTION, BORROWER PURCHASER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS IN ADDITION, TO THE INTENT EXTENT APPLICABLE TO THE ASSETS OR ANY PORTION THEREOF, PURCHASER HEREBY WAIVES THE PROVISIONS OF LENDER THE TEXAS CONSUMER PROTECTION LAWS REGARDING FALSE, MISLEADING AND BORROWER DECEPTIVE BUSINESS PRACTICES, UNCONSCIONABLE ACTIONS AND BREACHES OF WARRANTY; PROVIDED, HOWEVER, THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION NOTHING HEREIN CONTAINED SHALL BE GOVERNED DEEMED A WAIVER BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACTPURCHASER WHERE SUCH WAIVER IS PROHIBITED BY LAW. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER IN ORDER TO EVIDENCE ITS ABILITY TO GRANT SUCH WAIVER, PURCHASER HEREBY REPRESENTS AND WARRANTS TO LENDER SELLER THAT BORROWER PURCHASER: (i) IS A IN THE BUSINESS CONSUMEROF SEEKING OR ACQUIRING, BY PURCHASE OR LEASE, GOODS, OR SERVICES FOR COMMERCIAL OR BUSINESS USE; (ii) HAS ASSETS OF FIVE MILLION DOLLARS OR MORE ACCORDING TO ITS MOST RECENT FINANCIAL STATEMENT PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; (iii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER IT TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, TRANSACTIONS CONTEMPLATED HEREBY; AND (iiiiv) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTIONPOSITION. BORROWER: GREENHOUSE REAL ESTATE, LLC, Nothing in this Section shall be interpreted as a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President waiver of the express representations and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxxwarranties in this Agreement.

WAIVER OF CONSUMER RIGHTS. BORROWER SELLER, PURCHASER AND GUARANTOR EACH HEREBY WAIVES BORROWER’S ALL ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER ETEXAS DECEPTIVE TRADE PRACTICES—CONSUMER PROTECTION ACT, SECTION 17.41 THROUGH 17.63 INCLUSIVE ET. SEQ. OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWERTENANT’S OWN SELECTION, BORROWER SELLER, PURCHASER AND GUARANTOR VOLUNTARILY CONSENTS CONSENT TO THIS WAIVER. IT IS THE INTENT EXECUTED by Seller, Purchaser and Guarantor on the counterpart signature pages attached to this Agreement. COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO AGREEMENT OF LENDER SALE AND BORROWER THAT THE RIGHTS PURCHASE BY AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACTBETWEEN STRATUS LAKEWAY CENTER, LLC AS “SELLER” AND FHF I OAKS AT LAKEWAY, LLC AS “PURCHASER” Executed by the undersigned on the date or dates set out hereinbelow. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWERSELLER: GREENHOUSE REAL ESTATESTRATUS LAKEWAY CENTER, LLC, a Texas limited liability company By: /s/ Xxxx X. Xxxxxxx Xxxxxxxxxx Xxxx X. Xxxxxxx, Xx. Vice President Date: February 15, 2017 GUARANTOR: STRATUS PROPERTIES INC. a Delaware corporation By: /s/ Xxxx X. Xxxxxxx Xxxx X. Xxxxxxx, Xx. Vice President Date: February 15, 2017 COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO AGREEMENT OF SALE AND PURCHASE BY AND BETWEEN STRATUS LAKEWAY CENTER, LLC AS “SELLER” AND FHF I OAKS AT LAKEWAY, LLC AS “PURCHASER” Executed by the undersigned on the date or dates set out hereinbelow. PURCHASER: FHF I OAKS AT LAKEWAY, LLC, a Delaware limited liability company By: FHF I, L.P., a Delaware limited partnership its sole member By: FHF I GP, LLC a Delaware limited liability company its general partner By: TA Realty, LLC, a Massachusetts limited liability company, its manager By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxx Title: Sr. Vice President and Manager Borrower’s AddressDate: 000 Xxxx Xxxx XxxxxFebruary 9, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx2017

WAIVER OF CONSUMER RIGHTS. BORROWER SELLER, PURCHASER AND GUARANTOR EACH HEREBY WAIVES BORROWER’S ALL ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER ETEXAS DECEPTIVE TRADE PRACTICES—CONSUMER PROTECTION ACT, SECTION 17.41 THROUGH 17.63 INCLUSIVE ET. SEQ. OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWERTENANT’S OWN SELECTION, BORROWER SELLER, PURCHASER AND GUARANTOR VOLUNTARILY CONSENTS CONSENT TO THIS WAIVER. IT IS THE INTENT EXECUTED by Seller, Purchaser and Guarantor on the counterpart signature pages attached to this Agreement. COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO AGREEMENT OF LENDER SALE AND BORROWER THAT THE RIGHTS PURCHASE BY AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACTBETWEEN STRATUS LAKEWAY CENTER, LLC AS “SELLER” AND FHF I OAKS AT LAKEWAY, LLC AS “PURCHASER” Executed by the undersigned on the date or dates set out hereinbelow. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWERSELLER: GREENHOUSE REAL ESTATESTRATUS LAKEWAY CENTER, LLC, a Texas limited liability company By: /s/ Xxxx X. Xxxxxxx Xxxxxxxxxx Xxxx X. Xxxxxxx, Xx. Vice President Date: February 15, 2017 GUARANTOR: STRATUS PROPERTIES INC. a Delaware corporation By: /s/ Xxxx X. Xxxxxxx Xxxx X. Xxxxxxx, Xx. Vice President Date: February 15, 2017 COUNTERPART SIGNATURE PAGE FOR ATTACHMENT TO AGREEMENT OF SALE AND PURCHASE BY AND BETWEEN STRATUS LAKEWAY CENTER, LLC AS “SELLER” AND FHF I OAKS AT LAKEWAY, LLC AS “PURCHASER” Executed by the undersigned on the date or dates set out hereinbelow. PURCHASER: FHF I OAKS AT LAKEWAY, LLC, a Delaware limited liability company By: FHF I, L.P., a Delaware limited partnership its sole member By: FHF I GP, LLC a Delaware limited liability company its general partner By: TA Realty, LLC, a Massachusetts limited liability company, its manager By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Xxxxx X. Xxxxxxxx Title: Sr. Vice President Date: February 9, 2017 S-2 TITLE COMPANY RECEIPT Heritage Title Company of Austin, Inc. acknowledges receipt of this Agreement, executed and, if needed, initialed, by both Seller and Manager Borrower’s AddressPurchaser this 15th day of February, 2017. HERITAGE TITLE COMPANY OF AUSTIN, INC. By: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention/s/ Xxxxxx X. Xxxxxxxx Printed Name: Xxxxxxx Xxxxxxxxxx AttentionXxxxxx X. Xxxxxxxx Title: Xxxx XxxxExecutive Vice President EXHIBIT “H” TERMS OF MASTER LEASES

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES BORROWER’S RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S OWN SELECTION, BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx.

WAIVER OF CONSUMER RIGHTS. BORROWER BUYER HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER EDECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS ET SEQ., BUSINESS AND & COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S ITS OWN SELECTION, BORROWER BUYER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS IN ADDITION, TO THE INTENT EXTENT APPLICABLE TO THE ASSETS OR ANY PORITON THEREOF, BUYER HEREBY WAIVES THE PROVISIONS OF LENDER THE TEXAS CONSUMER PROTECTION LAWS REGARDING FALSE, MISLEADING AND BORROWER DECEPTIVE BUSINESS PRACTICES, UNCONSCIONABLE ACTIONS AND BREACHES OFWARRANTY; PROVIDED, HOWEVER, THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION NOTHING HEREIN CONTAINED SHALL BE GOVERNED DEEMED A WAIVER BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACTBUYER WHERE SUCH WAIVER IS PROHIBITED BY LAW. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER IN ORDER TO EVIDENCE ITS ABILITY TO GRANT SUCH WAIVER, BUYER HEREBY REPRESENTS AND WARRANTS TO LENDER EACH SELLER THAT BORROWER BUYER (i) IS A IN THE BUSINESS CONSUMEROF SEEKING OR ACQUIRING, BY PURCHASE OR LEASE, GOODS, OR SERVICES FOR COMMERCIAL OR BUSINESS USE, (ii) HAS ASSETS OF FIVE MILLION DOLLARS OR MORE ACCORDING TO ITS MOST RECENT FINANCIAL STATEMENT PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, (iii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER IT TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTIONTRANSACTION CONTEMPLATED HEREBY, AND (iiiiv) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTIONPOSITION. BORROWER: GREENHOUSE REAL ESTATE, LLC, Nothing in this Section shall be interpreted as a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President waiver of the express representations and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxxwarranties in this Agreement.

WAIVER OF CONSUMER RIGHTS. BORROWER BUYER HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER EDECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS ET SEQ., BUSINESS AND & COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S ITS OWN SELECTION, BORROWER BUYER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS IN ADDITION, TO THE INTENT EXTENT APPLICABLE TO THE ASSETS OR ANY PORTION THEREOF, BUYER HEREBY WAIVES THE PROVISIONS OF LENDER THE LOUISIANA AND BORROWER TEXAS CONSUMER PROTECTION LAWS REGARDING FALSE, MISLEADING AND DECEPTIVE BUSINESS PRACTICES, UNCONSCIONABLE ACTIONS AND BREACHES OF WARRANTY; PROVIDED, HOWEVER, THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION NOTHING HEREIN CONTAINED SHALL BE GOVERNED DEEMED A WAIVER BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACTBUYER WHERE SUCH WAIVER IS PROHIBITED BY LAW. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER IN ORDER TO EVIDENCE ITS ABILITY TO GRANT SUCH WAIVER, BUYER HEREBY REPRESENTS AND WARRANTS TO LENDER SELLER THAT BORROWER BUYER (i) IS A IN THE BUSINESS CONSUMEROF SEEKING OR ACQUIRING, BY PURCHASE OR LEASE, GOODS, OR SERVICES FOR COMMERCIAL OR BUSINESS USE, (ii) HAS ASSETS OF TWO HUNDRED MILLION DOLLARS OR MORE ACCORDING TO ITS MOST RECENT FINANCIAL STATEMENT PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, (iii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER IT TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTIONTRANSACTION CONTEMPLATED HEREBY, AND (iiiiv) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTIONPOSITION. BORROWER: GREENHOUSE REAL ESTATE, LLC, Nothing in this Section shall be interpreted as a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President waiver of the express representations and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxxwarranties in this Agreement.

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES BORROWER’S 'S RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “"DECEPTIVE TRADE PRACTICES-PRACTICES – CONSUMER PROTECTION ACT,” " A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH HOU:0050320/00225:1822429v5 LOAN NO. 1015580 AN ATTORNEY OF BORROWER’S 'S OWN SELECTION, BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-PRACTICES – CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S 'S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx[Signature Page Follows] HOU:0050320/00225:1822429v5 LOAN NO. 1015580

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” , SECTION 17.41 et seq., TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWERBUYER’S OWN SELECTION, BORROWER BUYER VOLUNTARILY CONSENTS TO THIS WAVER. IN ORDER TO EVIDENCE ITS ABILITY TO GRANT THE ABOVE WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER , BUYER HEREBY REPRESENTS AND WARRANTS TO LENDER SELLER THAT BORROWER BUYER (i) IS A IN THE BUSINESS CONSUMEROF SEEKING OR ACQUIRING, BY PURCHASE OR LEASE, GOODS OR SERVICES FOR COMMERCIAL OR BUSINESS USE, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER IT TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, TRANSACTION CONTEMPLATED HEREBY AND (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT POSITION. TO THE SUBJECT TRANSACTIONMAXIMUM EXTENT PERMITTED BY LAW, BUYER HEREBY WAIVES ALL PROVISIONS OF THE LOUISIANA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW, LA. REV. STAT. XXX. § 51:1401 ET SEQ. (iv) THE “UTPL”). TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER HEREBY WAIVES ALL PROVISIONS OF CONSUMER PROTECTION ACTS, DECEPTIVE TRADE PRACTICE ACTS AND OTHER ACTS SIMILAR TO THE DTPA AND/OR THE UTPL IN ALL JURISDICTIONS IN WHICH ANY OF THE ASSETS ARE LOCATED (SUCH ACTS, TOGETHER WITH THE DTPA AND THE UTPL, ARE HEREINAFTER COLLECTIVELY REFERRED TO AS THE “TRADE PRACTICES ACTS”). BUYER EXPRESSLY RECOGNIZES THAT THE PRICE FOR WHICH SELLER HAS AGREED TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOTPREDICATED UPON THE INAPPLICABILITY OF THE TRADE PRACTICES ACTS AND THIS WAIVER OF THE TRADE PRACTICES ACTS. BUYER FURTHER RECOGNIZES THAT SELLER, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION DETERMINING TO PROCEED WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATEENTERING INTO OF THIS AGREEMENT, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx XxxxHAS EXPRESSLY RELIED ON THIS WAIVER AND THE INAPPLICABILITY OF THE TRADE PRACTICES ACTS.

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES BORROWER’S RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PRACTICES‑CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S OWN SELECTION, BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PRACTICES‑CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (iI) IS A BUSINESS CONSUMER, (iiII) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iiiIII) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (ivIV) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx.

WAIVER OF CONSUMER RIGHTS. BORROWER IT IS THE INTENT OF THE PARTIES THAT THE BUYER'S RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION AND WITH RESPECT TO ALL ACTS OR PRACTICES OF THE SELLER, PAST, PRESENT OR FUTURE, IN CONNECTION WITH THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, TEX. BUS. & COM. CODE ANN. SECTION 17.41 ET XXQ. (VERNON 1987 AND SUPP. 0005) (THE "DTPA"). THE BUYER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT IS NOT A CONSUMER AS DEFINED BY THE DTPA BECAUSE (i) IT IS A CORPORATION THAT SEEKS TO ACQUIRE THE ASSETS FOR COMMERCIAL OR BUSINESS USE AND (ii) IT HAS ASSETS OF $25 MILLION OR MORE OR IS OWNED OR CONTROLLED BY A CORPORATION OR ENTITY WITH ASSETS OF $25 MILLION OR MORE. IF THE BUYER IS NONETHELESS DEEMED TO BE A CONSUMER AS DEFINED BY THE DTPA, IT HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17DTPA, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S THE BUYER'S OWN SELECTION, BORROWER THE BUYER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER BUYER ACKNOWLEDGES, REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IT IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT SELLER; (ii) IT WAS REPRESENTED BY LEGAL COUNSEL IN THIS TRANSACTION, ; AND (iviii) HAS BEEN REPRESENTED BY INDEPENDENT IT SELECTED ITS OWN LEGAL COUNSEL (WHO COUNSEL, WHICH WAS NOT, NOT DIRECTLY OR INDIRECTLY, INDIRECTLY IDENTIFIED, SUGGESTED OR SELECTED BY LENDER THE SELLER, A COMPANY OR LENDER’S AGENTS) A SUBSIDIARY OR ANY AGENT THEREOF. THE BUYER EXPRESSLY RECOGNIZES THAT THE PRICE FOR WHICH THE SELLER HAS AGREED TO SELL THE ASSETS AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT HAS BEEN PREDICATED UPON THE INAPPLICABILITY OF THE DTPA AND THE EFFECTIVENESS OF THIS WAIVER OF THE DTPA. THE BUYER FURTHER RECOGNIZES THAT THE SELLER, IN CONNECTION WITH DETERMINING TO ENTER INTO THIS AGREEMENT, HAS EXPRESSLY RELIED ON THIS WAIVER AND THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx XxxxINAPPLICABILITY OF THE DTPA.

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES BORROWER’S RIGHTS UNDER THE PURCHASER HAS WAIVED AND RELINQUISHED ALL PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT (CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE), GENERALLY KNOWN AS OTHER THAN SECTION 17.555 THEREOF, IN CONNECTION WITH THE “TRANSACTION CONTEMPLATED BY THIS AGREEMENT, THE FULLEST EXTENT PERMITTED BY LAW. PURCHASER REPRESENTS AND WARRANTS TO SELLER THAT: (A) PURCHASER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION; (B) PURCHASER IS REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE SALE CONTEMPLATED BY THIS AGREEMENT; AND (C) PURCHASER IS KNOWLEDGEABLE AND EXPERIENCED IN THE PURCHASE, OPERATION, OWNERSHIP, DEVELOPMENT, AND SALE OF REAL ESTATE, AND IS FULLY ABLE TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION. THIS WAIVER SHALL EXPRESSLY SURVIVE THE CLOSING OR TERMINATION OF THE TRANSACTION CONTEMPLATED IN THIS AGREEMENT AND SHALL BE BINDING ON PURCHASER'S SUCCESSORS, ASSIGNS AND THIRD PARTIES CLAIMING THROUGH PURCHASER. I, THE UNDERSIGNED PURCHASER, WAIVE MY RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-PRACTICES - CONSUMER PROTECTION ACT,” , SECTION 17.41 ET SEQ, BUSINESS AND COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S MY OWN SELECTION, BORROWER I VOLUNTARILY CONSENTS CONSENT TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx.

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES BORROWER’S 'S RIGHTS UNDER ------------------------- THE PROVISIONS OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “"DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” " A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S 'S OWN SELECTION, BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S 'S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx.

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY TENANT ACKNOWLEDGES THAT TENANT IS A “BUSINESS CONSUMER” FOR PURPOSES OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, BUT SHOULD SUCH DETERMINATION BE HELD OTHERWISE BY A FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION THE FOLLOWING SHALL APPLY: TENANT WAIVES BORROWERALL OF TENANT’S RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER EDECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS ET SEQ., BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWERTENANT’S OWN SELECTION, BORROWER TENANT VOLUNTARILY CONSENTS TO THIS THE FOREGOING WAIVER. IT IS THE INTENT OF LENDER LANDLORD AND BORROWER TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE RIGHTS PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, AND REMEDIES WITH RESPECT TENANT’S OBLIGATION TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION CONDITION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMERPAY THE RENT, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS WITHOUT ABATEMENT, SETOFF, DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF THE SUBJECT TRANSACTIONITS DUTIES OR OBLIGATIONS HEREUNDER, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY WHETHER EXPRESS OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx XxxxIMPLIED.

WAIVER OF CONSUMER RIGHTS. EACH BORROWER HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER EDECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS ET SEQ., BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF SUCH BORROWER’S 'S OWN SELECTION, EACH BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER EACH BORROWER EXPRESSLY WARRANTS AND BORROWER REPRESENTS THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT SUCH BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iiiA) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT RELATIVE TO THE SUBJECT TRANSACTIONAGENT AND/OR LENDERS, AND (ivB) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTIONTRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. BORROWEREACH BORROWER HAS READ AND UNDERSTANDS SECTION 13.21: GREENHOUSE REAL ESTATE______(INITIALS) 13.22. ORAL AGREEMENTS INEFFECTIVE. THIS AGREEMENT AND THE OTHER DIP FINANCING DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES, LLCAND THE SAME MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx XxxxCONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

WAIVER OF CONSUMER RIGHTS. BORROWER DTPA WAIVER. PURCHASER AND SELLER EACH HAVE KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE THEM TO ANALYZE THE MERITS AND RISKS OF THE TRANSACTION CONTEMPLATED HEREBY, AND NEITHER IS IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE OTHER OR SUCH TRANSACTION. PURCHASER AND SELLER EACH HEREBY WAIVES BORROWER’S RIGHTS KNOWINGLY, VOLUNTARILY ANDs INTENTIONALLY WAIVE AND RELEASE, AFTER ADVICE OF COMPETENT COUNSEL, ANY AND ALL RIGHTS, BENEFITS AND REMEDIES EITHER MAY HAVE AGAINST THE OTHER, NOW OR AT ANY TIME HEREAFTER, UNDER THE PROVISIONS OR PURSUANT TO SUB-CHAPTER E OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE 17 OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “NOW OR HEREAFTER AMENDED, AND/OR ANY OTHER OR SUCCESSOR LAWS, RULES, REGULATIONS, OR JUDICIAL DOCTRINES WITH RESPECT TO DECEPTIVE TRADE PRACTICES-. AS SUCH, PURCHASER SPECIFICALLY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT,” , SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S PURCHASER'S OWN SELECTION, BORROWER PURCHASER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTION, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx.

WAIVER OF CONSUMER RIGHTS. BORROWER IT IS THE INTENT OF THE PARTIES THAT THE BUYER'S RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION AND WITH RESPECT TO ALL ACTS OR PRACTICES OF THE SELLER, PAST, PRESENT OR FUTURE, IN CONNECTION WITH THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, TEX. BUS. & COM. CODE XXX. SECTION 17.41 ET SEQ. (XXXXXX 1987 AND SUPP. 1995) (THE "DTPA"). THE BUYER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT IS NOT A CONSUMER AS DEFINED BY THE DTPA BECAUSE (i) IT IS A CORPORATION THAT SEEKS TO ACQUIRE THE ASSETS FOR COMMERCIAL OR BUSINESS USE AND (ii) IT HAS ASSETS OF $25 MILLION OR MORE OR IS OWNED OR CONTROLLED BY A CORPORATION OR ENTITY WITH ASSETS OF $25 MILLION OR MORE. IF THE BUYER IS NONETHELESS DEEMED TO BE A CONSUMER AS DEFINED BY THE DTPA, IT HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17DTPA, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S THE BUYER'S OWN SELECTION, BORROWER THE BUYER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER BUYER ACKNOWLEDGES, REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IT IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT SELLER; (ii) IT WAS REPRESENTED BY LEGAL COUNSEL IN THIS TRANSACTION, ; AND (iviii) HAS BEEN REPRESENTED BY INDEPENDENT IT SELECTED ITS OWN LEGAL COUNSEL (WHO COUNSEL, WHICH WAS NOT, NOT DIRECTLY OR INDIRECTLY, INDIRECTLY IDENTIFIED, SUGGESTED OR SELECTED BY LENDER THE SELLER, A COMPANY OR LENDER’S AGENTS) A SUBSIDIARY OR ANY AGENT THEREOF. THE BUYER EXPRESSLY RECOGNIZES THAT THE PRICE FOR WHICH THE SELLER HAS AGREED TO SELL THE ASSETS AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT HAS BEEN PREDICATED UPON THE INAPPLICABILITY OF THE DTPA AND THE EFFECTIVENESS OF THIS WAIVER OF THE DTPA. THE BUYER FURTHER RECOGNIZES THAT THE SELLER, IN CONNECTION WITH DETERMINING TO ENTER INTO THIS AGREEMENT, HAS EXPRESSLY RELIED ON THIS WAIVER AND THE REFERENCED TRANSACTIONINAPPLICABILITY OF THE DTPA. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx(o)

WAIVER OF CONSUMER RIGHTS. BORROWER IT IS THE INTENT OF THE PARTIES THAT MIDCOAST'S RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION AND WITH RESPECT TO ALL ACTS OR PRACTICES OF THE DPI SHAREHOLDERS AND THE FLARE MINORITY OWNERS, PAST, PRESENT OR FUTURE, IN CONNECTION WITH THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, TEX. BUS. & COM. CODE ANN. SECTION 17.41 ET SEQ. (XXRNON 1987 AND SUPP. 1995) (XXX "DTPA"). MIDCOAST ACKNOWLEDGES, REPRESENTS, AND WARRANTS THAT IT IS NOT A CONSUMER AS DEFINED BY THE DTPA BECAUSE (I) IT IS A PARTNERSHIP OR CORPORATION THAT SEEKS TO ACQUIRE THE COMPANY SHARES AND THE SUBJECT ASSETS FOR COMMERCIAL OR BUSINESS USE; AND (II) IT HAS ASSETS OF $25 MILLION OR MORE OR IS OWNED OR CONTROLLED BY A CORPORATION OR ENTITY WITH ASSETS OF $25 MILLION OR MORE. IF MIDCOAST IS NONETHELESS DEEMED TO BE A CONSUMER AS DEFINED BY THE DTPA, IT HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17DTPA, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER’S MIDCOAST'S OWN SELECTION, BORROWER MIDCOAST VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER AND BORROWER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER MIDCOAST ACKNOWLEDGES, REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (iI) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iii) IT IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT SELLERS; (II) IT WAS REPRESENTED BY LEGAL COUNSEL IN THIS TRANSACTION, ; AND (ivIII) HAS BEEN REPRESENTED BY INDEPENDENT IT SELECTED ITS OWN LEGAL COUNSEL (WHO COUNSEL, WHICH WAS NOT, NOT DIRECTLY OR INDIRECTLY, INDIRECTLY IDENTIFIED, SUGGESTED OR SELECTED BY LENDER SELLERS, A COMPANY OR LENDER’S AGENTS) A SUBSIDIARY OR ANY AGENT THEREOF. MIDCOAST EXPRESSLY RECOGNIZES THAT THE PRICE FOR WHICH THE SELLERS HAVE AGREED TO SELL THE COMPANY SHARES AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT HAS BEEN PREDICATED UPON THE INAPPLICABILITY OF THE DTPA AND THE EFFECTIVENESS OF THIS WAIVER OF THE DTPA. MIDCOAST FURTHER RECOGNIZES THAT THE SELLERS, IN CONNECTION WITH DETERMINING TO ENTER INTO THIS AGREEMENT, HAVE EXPRESSLY RELIED ON THIS WAIVER AND THE REFERENCED TRANSACTION. BORROWER: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx XxxxINAPPLICABILITY OF THE DTPA.

WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER EDECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS ET. SEQ. BUSINESS AND & COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF THE BORROWER’S 'S OWN SELECTION, BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS THE INTENT OF LENDER BORROWER EXPRESSLY WARRANTS AND BORROWER REPRESENTS THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE REFERENCED TRANSACTION. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMER, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTION, (iiia) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT RELATIVE TO THE SUBJECT TRANSACTIONLENDER, AND (ivb) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOT, DIRECTLY OR INDIRECTLY, IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTIONTRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. BORROWER HAS READ AND UNDERSTANDS SECTION 12.7: ___________________(INITIALS OF AUTHORIZED OFFICER OF BORROWER) 12.8 ORAL AGREEMENTS INEFFECTIVE. THIS AGREEMENT AND THE OTHER FINANCING AGREEMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND THE SAME MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. BORROWER AND LENDER EACH READ AND UNDERSTAND THIS SECTION 12.8: GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: President and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxx________________ (INITIALS OF AUTHORIZED OFFICER OF BORROWER) ________________ (INITIALS OF AUTHORIZED OFFICER OF LENDER)

WAIVER OF CONSUMER RIGHTS. BORROWER TENANT HEREBY WAIVES BORROWER’S ITS RIGHTS UNDER THE PROVISIONS OF CHAPTER 17, SUBCHAPTER E, SECTION 17.41 THROUGH 17.63 INCLUSIVE OF THE TEXAS BUSINESS AND COMMERCE CODE, GENERALLY KNOWN AS THE “DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,” , SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWERTENANT’S OWN SELECTION, BORROWER TENANT VOLUNTARILY CONSENTS TO THIS WAIVER. IT IS [THE INTENT REMAINDER OF LENDER THIS PAGE INTENTIONALLY LEFT BLANK.] LANDLORD AND BORROWER TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE RIGHTS PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, AND REMEDIES WITH RESPECT TENANT’S OBLIGATION TO THIS TRANSACTION SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THE WAIVER SET FORTH HEREIN SHALL EXPRESSLY SURVIVE THE TERMINATION CONDITION OF THE REFERENCED TRANSACTIONPREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, DEMAND, SETOFF OR DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. BORROWER REPRESENTS AND WARRANTS TO LENDER THAT BORROWER (i) IS A BUSINESS CONSUMERThis Lease is executed on the respective dates set forth below, (ii) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THE SUBJECT TRANSACTIONbut for reference purposes, (iii) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO THE SUBJECT TRANSACTIONthis Lease shall be dated as of the date first above written. If the execution date is left blank, AND (iv) HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (WHO WAS NOTthis Lease shall be deemed executed as of the date first written above. LANDLORD: CB OFFICE 10, DIRECTLY OR INDIRECTLYLTD., IDENTIFIED, SUGGESTED OR SELECTED BY LENDER OR LENDER’S AGENTS) IN CONNECTION WITH THE REFERENCED TRANSACTION. BORROWERa Texas limited partnership By: GREENHOUSE REAL ESTATECB Office 10 GP, LLC, a Texas limited liability company, its general partner By: Name: Title: Senior Vice President TENANT: RFM Integrated Device Inc., a corporate company By: /s/ Xxxxxxx Xxxxxxxxxx Xx-Xxxx, Xxxxx Name: Xxxxxxx Xxxxxxxxxx Xx-Xxxx, Xxxxx Title: President Chairman EXHIBIT A OUTLINE OF PREMISES EXHIBIT C BUILDING RULES AND REGULATIONS The following rules and Manager Borrower’s Address: 000 Xxxx Xxxx Xxxxxregulations shall apply to the Premises, Xxxxx 000 Xxxxxxxxxthe Building, Xxxxxxxxx 00000 Attention: Xxxxxxx Xxxxxxxxxx Attention: Xxxx Xxxxthe parking garage associated therewith, and the appurtenances thereto: