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262165678 9. Insurance Proceeds/Condemnation Award. Tenant agrees that, notwithstanding any provision hereof to the contrary, the terms of the Mortgage shall continue to govern with respect to the disposition of any insurance proceeds or condemnation awards. 10. Modification. Without Lender's prior written consent, Tenant shall not consent to any modification of the Lease that would (i) reduce the term of the Lease, (ii) reduce the rent payable thereunder, (iii) change any notice or cure period set forth therein or (iv) materially increase the obligations or responsibilities of Landlord thereunder; nor shall the Tenant consent to any voluntary termination or cancellation of the Lease, other than as a result of a default by Landlord thereunder that is not cured within the applicable cure period. 11. Assignment. Tenant shall not assign its interest in the Lease, nor sublet its interest in the Premises, without Lender's prior written consent. 12. General Provisions. (a) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. This Agreement shall also benefit Purchasers which are hereby declared to be express third party beneficiaries hereof. (b) Controlling Law. This Agreement is made and entered into under, and shall be construed according to, the laws of the State and the jurisdiction where the Premises are located. (c) Inconsistent Provisions. If any of the provisions, terms and conditions hereof are ambiguous or inconsistent, or conflict with any of the terms and provisions of the Lease, the Loan Documents, any amendments thereto, or any other documents executed in connection therewith, the provisions, terms and conditions of this Agreement shall control. (d) Lender's Liability Under this Agreement. Neither Lender nor any member, partner, shareholder or beneficiary thereof shall have any personal liability with respect to any of the provisions of this Agreement, and if Lender is in default with respect to its obligations hereunder, Tenant shall look solely to the equity of Lender in the Premises. (e) WAIVER OF JURY TRIAL. LANDLORD, TENANT AND LENDER, TO THE EXTENT PERMITTED BY LAW, WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF, IN CONNECTION WITH OR RELATING TO, THIS AGREEMENT AND ANY OTHER TRANSACTION CONTEMPLATED HEREBY AND THEREBY. THIS WAIVER APPLIES TO ANY ACTION, SUIT OR PROCEEDING WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE. (f) Execution and Counterparts. This Agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Signature pages may be detached from multiple 5 4812-7862-5775