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- 99 109396 Any injury or damage to the adjoining property caused by, resulting from, or in any manner arising out of any addition or extension of the Party Wall shall be remedied at the sole expense of the party making the addition or extension. If the Party Wall is added to or extended by either party, each party shall have the right to use the Party Wall as so modified for any proper purposes for which the addition or extension may be made, to the full extent of the width, length, and height of the Party Wall as modified or extended, and in the same manner as the party is entitled under this Agreement to use the Party Wall as it exists on the date of the execution of this Agreement. 4. ening in Party Wall. Neither party to this Agreement shall make or provide openings in the Party Wall of any nature whatsoever without the prior written consent of the other party. 5. Maintenance Re�air and Rebuildin� of Party Wall. The Party Wall shall be maintained and kept in good repair at all times by both parties, and at a cost to be equally shared by both parties. Should the Party Wall be injured or destroyed by any act or omission of a party, whether intentional or unintentional, the Party Wall shall be repaired or rebuilt at that party's expense. Any repairing or rebuilding of the Party Wall shall be of the same material or similar material of the same quality as that used in the original Party Wall or part of the Party Wall, unless otherwise agreed to by the other party. Should the Party Wall at any time while in use by both parties, as described in this Agreement, be injured or destroyed by any cause other than the act or omission of a party, the Party Wall shall be repaired or rebuilt at a cost to be shared equally by both parties. The rights of the parties with respect to a new Party Wall shall be the same as their rights as set forth in this Agreement with respect to the original Party Wall. Any party who engages in construction or repair work as described in this Agreement shall have the right to enter onto the property of the other to the extent that it may be reasonably necessary in connection with that work. When entering onto the property of the other party, the party shall take and observe due precaution and care to protect the property of the other party. 6. Duration and Effect of Agreement. This Agreement shall be in effect as long as the Party Wall is in existence, and is not substantially destroyed. If the Party Wall is rebuilt as provided in paragraph 5, then this Agreement shall continue in full force and effect. The covenants contained in this Agreement shall be binding on and inure to the benefit of each of the parties, and their heirs, legatees, representatives, transferees, successors and assigns and shall inure to and run with their respective properties. Nothing contained in this Agreement shall operate to convey to either party the fee to any part of the property owned or to be acquired by the other party, the creation of rights in and obligations with respect to the Party Wall being the sole purpose of this Agreement. 7. Entire A,greement. This instrument contains the entire agreement between the parties relating to the above-described Party Wall rights and obligations. Any oral representation or modification concerning this instrument shall be of no force or effect. 8. Lender Consent and Subordination. NBC hereby consents to the easements and restrictions placed against Lot 1 and Lot 2 under the terms of this Agreement. The parties hereby agree that the Debt Instruments shall be subject and subordinate to this Agreement as it affects Lot 1 and Lot 2 as fully and as if this Agreement had been executed, delivered and recorded prior to the execution and recordation of the Debt Instruments. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. 2