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202302265 If to the Tenant, at: Mattress Firm, Inc. (Store #TBD) 10201 South Main Street Houston, Texas 77025 Attention: Real Estate Department 7.2 Successors and Assigns. This Agreement shall bind and benefit the parties, their successors and assigns, any Successor Landlord, and its successors and assigns. If Lender assigns the Mortgage, then upon delivery to Tenant of written notice thereof accompanied by the assignee's written assumption of all obligations under this Agreement, all liability of the assignor shall terminate. 7.3 Entire Agreement. This Agreement constitutes the entire agreement between Lender, Landlord and Tenant regarding the subordination of the Lease to the Mortgage and the rights and obligations of Tenant, Landlord and Lender as to the subject matter of this Agreement. 7.4 Interaction with Lease and with Mortgage. If this Agreement conflicts with the Lease, then this Agreement shall govern as between the Landlord and Tenant and between the parties and any Successor Landlord, including upon any attornment pursuant to this Agreement. This Agreement supersedes, and constitutes full compliance with, any provisions in the Lease that provide for subordination of the Lease to, or for delivery of non -disturbance agreements by the holder of, the Mortgage. Lender confirms that Lender has consented to Landlord's entering into the Lease. 7.5 Interpretation; Governing Law. This Agreement shall be construed in accordance with the laws of the State of Nebraska. Any action brought to enforce or interpret this Agreement shall be brought in the court of appropriate jurisdiction in Nebraska. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or considering same shall not apply the presumption that the terms hereof shall be more strictly construed against a party by reason of the rule or conclusion that a document should be construed more strictly against the party who itself or through its agent prepared the same. .It is agreed and stipulated that all parties hereto have participated equally in the preparation of this Agreement and that legal counsel was consulted by each responsible party before the execution of this Agreement. 7.6 Amendments. This Agreement may be amended, discharged or terminated, or any of its provisions waived, only by a written instrument executed by the party to be charged. 7.7 Due Authorization. Tenant represents to Lender and Landlord that it has full authority to enter into this Agreement, which has been duly authorized by all necessary actions. Lender represents to Tenant and Landlord that it has full authority to enter into this Agreement, which has been duly authorized by all necessary actions. Landlord represents to Tenant and Lender that it has full authority to enter into this Agreement, which has been duly authorized by all necessary actions. 7.8 Waiver. The failure of any party hereto in any one or more instances to insist upon the strict performance of any one or more of the agreements, terms, covenants, conditions