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201901177 4. GIRH hereby covenants and agrees that, whether or not any GIRH Agreement is terminated, Lender shall not (a) be liable for any previous act or omission of any Pledgor with respect to any GIRH Agreement, (b) be subject to any offset which shall theretofore have accrued to GIRH against any Pledgor, (c) have any obligation with respect to any security deposited with respect to the Hospital Lease unless such security has been physically delivered to Lender, (d) bound by any amendment to any GIRH Agreement entered into after the effective date of this Agreement which is made without Lender's written consent; or (e) bound by any rent paid by GIRH more than thirty (30) days in advance of the due date under any GIRH Agreement. Nothing in this Agreement shall relieve Lender or a Successor Owner from liability for its failure to perform any obligation under any of the GIRH Agreements which, although such failure may have begun prior to Lender or such Successor Owner obtaining title to or taking possession and control of the Property, continues to constitute a default in the performance of the obligations of the landlord or lessor, as applicable, under such GIRH Agreements; with the understanding, however, that (i) GIRH shall provide Lender (or such Successor Owner, if GIRH shall have been notified of the identity and notice address for such Successor Owner in accordance with the Collateral Documents) with written notice of any such default, and (ii) Lender or such Successor Owner, as applicable, shall have 30 days following Lender's obtaining title to the Leased Property in which to cure the default, or, if such default cannot reasonably be cured within such 30 -day period, Lender or such Successor Owner, as applicable, shall have such longer time as may be reasonably necessary to cure the default on the condition that Lender commences the cure within such period and diligently pursues the cure to completion; provided that nothing contained herein shall require Lender or any Successor Owner to cure any default or perform any obligation that is personal to a Pledgor or not reasonably susceptible to cure or to obligate Lender to complete any construction if it does not have title to the Premises. In such event, the responsibility or Lender or such Successor Owner shall be determined as if the failure had first arisen on the date title to the Leased Property vested in Lender or such Successor Owner. 5. Any provision of this Agreement to the contrary notwithstanding, Lender shall have no obligation, or incur any liability, with respect to the erection and completion of any improvements for GIRH's use and occupancy. 6. If Lender elects to accept from any Pledgor a deed in lieu of foreclosure and whether or not any GIRH Agreement is terminated, GIRH's right to receive or set off any monies or obligations owed or to be performed by any Pledgor shall not be enforceable thereafter against Lender or any subsequent owner. 7. Nothing contained in this Agreement shall in any way impair or affect the lien created by the Collateral Documents, except as specifically set forth herein. 8. No modification, amendment, waiver or release of any provision of this Agreement or of any right, obligation, claim or cause of action arising hereunder shall be valid or binding for any purpose whatsoever unless in writing and duly executed by the party against whom the same is sought to be asserted. -3-