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Mail as Certified Mail, Return Receipt Requested, postage prepaid, and addressed to the Party being notified at the address given below (or such other address which any party may designate for itself from time to time hereafter by written notice to the other Party): If to Declarant: Elliot S. Nassim Mason Asset Management Inc. 747 Middle Neck Road Suite 101 Great Neck, NY 11024 30 201706687 Section 9.4 Ground Lessee Assignment. The rights and obligations of any Party hereunder may be assigned in whole or in part to one or more ground lessees or sublessees which rights and obligations shall be expressly assumed by such ground lessees or sublessees for the term of the ground leases or subleases between such Party and such ground lessees or sublessees. Section 9.5 Harmony. The Owners shall maintain a reasonably harmonious exterior appearance for the Buildings and Improvements within the Mall. Alterations that will substantially change the exterior of its Buildings shall not be made without the consent of the Declarant, such consent not to be unreasonably withheld, conditioned or delayed. Section 9.6 Severability. In the event any provision or portion of this Declaration is held by any court of competent jurisdiction to be invalid or unenforceable, such holding will not affect the remainder hereof, and the remaining provisions shall continue in full force and effect to the same extent as would have been the case had such invalid or unenforceable provision or portion never been a part hereof. Section 9.7 No Public Dedication. Nothing contained herein shall be deemed or implied to be a gift, grant or dedication of the Mall or any portions thereof, to the general public, or for any public use or purpose whatsoever. Except as may be specifically provided herein, no right, privileges or immunities of any Party hereto shall insure to the benefit of any third -party, nor shall any third -party be deemed or considered to be a beneficiary of any of the provisions herein contained. Section 9.8 Counterparts. This Declaration may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. Section 9.9 Relationship of the Parties. Nothing contained herein shall be construed or