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201400735 or instrument heretofore or hereafter arising against the Property; 4. Lessor, its agents and assigns, shall have full access upon the Property to inspect, repair, rebuild, disassemble, or remove the Facility without further notice to, or further permission of, charge for, or obligation to, the Parties, and in the event of default by Lessee in the payment or performance of any of Lessee's obligations and liabilities to the Lessor, Lessor may, at its option, remove the Facility or any part thereof from the Property without objection, delay, hindrance or interference by the Parties, and in such case, the Parties (other than the Lessor) will make no claim or demand whatsoever against the Facility; 5. Subject to Paragraph 6 below, the Facility may remain on the Property without charge throughout the term of the Lease and thereafter so long as Lessor (and/or Lessor's assigns) retains an interest in the Facility; 6. Mortgagee agrees that, if it sells the Property at foreclosure sale, takes title to the Property under any deed in lieu of foreclosure or the like, it shall do so subject to the terms of this Agreement, provided, however, that following any such sale or transfer of title to the Property, Mortgagee or any third -party purchaser of the Property may, within 30 days after such sale or transfer of title, give Lessor written notice directing removal of the Facility, in which case Lessor shall either remove the Facility within 90 days after its receipt of such notice or forfeit its interest in the Facility, and in the event that no such notice is timely given, the Facility may remain on the Property subject to Lessor's interest in the Facility, and this Agreement shall remain in full force and effect according to its terms; and 7. Lessor and Lessee may agree, without affecting the validity of this Landlord and Mortgagee Waiver, to extend, amend or in any way modify the terms of payment or performance of any of the Lessee's obligations and liabilities to Lessor, without the consent and without giving notice thereof to the other Parties. All of the Parties agree that the Lessor may sell, transfer, convey, or assign its interest in the Lease to any other persons or entities and that the terms of this Landlord and Mortgagee Waiver will remain fully valid and in effect and binding upon the Parties for the benefit of such above - referenced persons or entities. This Agreement shall expire and be of no further effect at such time (and only at such time) that Lessee duly closes upon the purchase of the Facility under any applicable purchase option contained in the Lease or as otherwise agreed by Lessor at it sole and absolute discretion. This Landlord and Mortgagee Waiver binds all of the Parties, their heirs, personal representatives, successors and assigns and shall inure to the benefit of Lessor, its successors and assigns. Landlord and Mortgagee Waiver - Facility Lease (10/01/2013) Contract N001- 0037899.000 Page 2015