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200102662 (c) the obligations for environmental liabilities as set forth in the Environmental Indemnity Agreement; (d) collection and receipt of proceeds and income from the Property which are not paid to Lender pursuant to this Instrument, the Note, or the other Loan Documents or applied to the Property in the ordinary course of business (except to the extent that Borrower did not have the legal right, because of a bankruptcy, receivership or similar judicial proceeding, to direct the disbursement of such sums); (e) an unpermitted sale or transfer as more fully set forth in paragraph 19 of the Mortgage; (f) failure to allow Lender to inspect the Property or books, records and contracts of Borrower as to the Property; or (g) failure to apply insurance proceeds, condemnation awards, security deposits from tenants and other sums received by Borrower as owner of the Property and not applied in accordance with the Loan Documents (except to the extent Borrower did not have the legal right because ofbankruptcy or similar judicial proceeding, to direct the disbursement of such sums). SECTION 6 6.0 LIABILITY OF LENDER. The Lender shall not be liable for any loss sustained by the Assignor or any other person resulting from the Lender's failure to let the Premises after Default nor from any other act or omission of the Lender in managing the Premises after Default nor in exercising any of the rights or powers granted to Lender hereunder or under any of the Loan Documents. The Lender shall not be obligated to perform or discharge, nor does the Lender hereby undertake to perform or discharge, any obligation, duty or liability under the Leases. Assignor shall, and does hereby agree, to indemnify the Lender for, and to hold the Lender harmless from, any and all liability, loss or damage which may or might be incurred under the Leases or under or by reason of this Assignment, and from any and all claims and demands whatsoever which may be asserted against the Lender by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in said Leases. Should Lender incur any such liability under said Leases or under or by reason of this Assignment or in defense of any such claims or demands, the amount of such liability, including costs, expenses and reasonable attorneys' fees, shall be secured hereby and the Assignor shall reimburse the Lender therefor immediately upon demand. It is further understood that this Assignment shall not operate to place responsibility for the control, care, management or repair of the Premises upon Lender, nor for the carrying out of any of the terms and conditions of the Leases; nor shall it operate to make the Lender responsible or liable for any waste committed on the Premises by the Tenants or any other parties, or for any dangerous or defective condition of the Premises, or for any negligence in the management, upkeep, repair or control of said Premises resulting in loss, injury or death to any Tenant, licensee, employee or stranger. 1049116.2 8