WARRANT. SUCH AUTHORITY
SHALL NOT BE EXHAUSTED BY ANY ONE OR MORE EXERCISES THEREOF, BUT JUDGMENT MAY BE
CONFESSED HEREUNDER FROM TIME TO TIME AS OFTEN AS ANY DEFAULT SHALL HAVE
OCCURRED OR BE CONTINUING, AND SUCH POWERS MAY BE EXERCISED AS WELL AFTER THE
EXPIRATION OR OTHER TERMINATION OF THE TERM.
19.08 IN ANY CONFESSION OF JUDGMENT AGAINST TENANT HEREUNDER, LANDLORD SHALL
CAUSE TO BE FILED IN SUCH ACTION AN AFFIDAVIT SETTING FORTH THE FACTS NECESSARY
TO AUTHORIZE THE ENTRY OF JUDGMENT AND IF A TRUE COPY OF THIS LEASE AND THIS
EXHIBIT G-1 THERETO (AND OF THE TRUTH OF THE COPY, SUCH AFFIDAVIT SHALL BE
SUFFICIENT PROOF) BE FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE
ORIGINAL AS A WARRANT OF ATTORNEY, NOTWITHSTANDING ANY LAW, RULE OF COURT,
CUSTOM OR PRACTICE TO THE CONTRARY. TENANT RELEASES TO LANDLORD, AND TO ANY AND
ALL ATTORNEYS WHO MAY APPEAR FOR TENANT UNDER EITHER OR BOTH OF SECTIONS 19.06
AND 19.07 HEREOF, ALL PROCEDURAL ERRORS, DEFECTS AND IMPERFECTIONS IN ANY
PROCEEDINGS TAKEN BY LANDLORD, WHETHER BY VIRTUE OF THE POWERS OF ATTORNEY
CONTAINED IN THIS LEASE OR NOT, AND ALL LIABILITY THEREFOR. TENANT EXPRESSLY
WAIVES THE BENEFITS OF ALL LAWS, NOW OR HEREAFTER IN FORCE, EXEMPTING ANY
PROPERTY WITHIN THE PREMISES OR ELSEWHERE FROM DISTRAINT, LEVY OR SALE. TENANT
FURTHER WAIVES THE RIGHT TO ANY NOTICE TO QUIT OR REMOVE FROM THE PREMISES AS
MAY BE SPECIFIED IN THE PENNSYLVANIA LANDLORD AND TENANT ACT OF APRIL 6, 1951,
AS AMENDED, OR ANY SIMILAR OR SUCCESSOR PROVISION OF LAW.
SECTIONS 19.06, 19.07 AND 19.08 OF THIS LEASE, ABOVE, GRANT TO LANDLORD THE
RIGHT TO CONFESS JUDGMENT AGAINST TENANT FOR MONEY AND/OR FOR IN EJECTMENT FOR
POSSESSION OF THE PREMISES AFTER THE OCCURRENCE OF DEFAULT AND/OR THE EXPIRATION
OR TERMINATION OF THE TERM. PENNSYLVANIA AND FEDERAL COURTS HAVE HELD THAT A
TENANT MAY WAIVE ITS DUE PROCESS RIGHTS TO A PRIOR HEARING AND NOTICE BEFORE
ENTRY OF JUDGMENT BY CONFESSION AND ISSUANCE OF EXECUTION WHEN A TENANT
VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY CONSENTS TO AN AGREEMENT CONTAINING A
WARRANT OF ATTORNEY OR COGNOVIT, (MEANING, CONFESSION OF JUDGMENT) CLAUSE. See
Jordan v. Fox, Rothschild, O'Brien & Frankel, 20 F.3d 1250 (3d Cir. 1994).
THEREFORE, IN CONNECTION WITH ANY JUDGMENT CONFESSED BY LANDLORD OR ITS
SUCCESSORS AND ASSIGNS UNDER THIS LEASE TO THE FOREGOING WARRANTS OF ATTORNEY OR
LANDLORD'S EXECUTION UPON ANY SUCH JUDGMENT, TENANT HEREBY KNOWINGLY,
VOLUNTARILY, INTENTIONALLY AND, UPON ADVICE OF SEPARATE COUNSEL, UNCONDITIONALLY
WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR
HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE
COMMONWEALTH OF PENNSYLVANIA, AND AS EVIDENCE OF SUCH WAIVER AN AUTHORIZED
OFFICER OF TENANT SIGNS ON TENANT'S BEHALF IN THE SPACE PROVIDED BELOW.
6
TENANT (I) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF LANDLORD HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT LANDLORD WILL NOT SEEK TO EXERCISE OR
ENFORCE ITS RIGHTS TO CONFESS JUDGMENT HEREUNDER, AND (II) ACKNOWLEDGES