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�9 110984 of any such suit or proceeding, including, but not limited to, attorneys' fees, court costs and the reasonable costs of investigation, shall be assessed against the defaulting Outlot Owner and shall constitute a lien against the Outlot and shall be filed and enforced in accordance with Article V hereof. 9.02 No Waiver. No delay or omission of the Company in the exercise of any right accruing upon any default of the Outlot Owner shall impair any such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by the Company of a breach or a default of any of the terms and conditions of this Agreement by the Outlot Owner shall not be construed to be a waiver of any subsequent breach or default of the same or any other provision of this Agreement. Except as otherwise specifically provided in this Agreement, no remedy provided in this Agreement shall be exclusive, but each shall be cumulative with all other remedies provided in this Agreement and at law or in equity. ARTICLE X MISCELLANEOUS 10.01 Run with the Land. This Agreement and its restrictions, covenants, obligations, easements and agreements shall be appurtenant to and shall run with the land and shall apply to and bind the invitees, heirs, personal representatives, transferees, assigns and successors in interest of the parties hereto, provided, however, all of the obligations of the Company under this Agreement shall be performed by the Company or its designees only so long as the Company is the owner or lessee of the Shopping Center; otherwise such obligations shall be performed by the owner of the Shopping Center. All of the easements and rights to use the Common Area granted to the Outlot Owner and Company in this Agreement shall run to the benefit of the employees, invitees, lessees, representatives, mortgagees, successors, assigns and grantees of the Outlot Owner and Company. 10.02 Joint Ownership. All references herein to the Outlot Owner in the singular will refer to the plural during any period in which the Outlot is owned by more than one person, corporation or entity. If the Outlot is owned by more than one person, corporation or entity, all of the rights of the Outlot Owner set forth herein shall be held jointly by all of the owners of the Outlot and all of the agreements, covenants, restrictions, obligations, warranties, representations and indemnities of Outlot Owner herein shall apply to and bind all of the owners of the Outlot jointly and severally. Any party benefiting from any of the agreements, covenants, restrictions, obligations, warranties, representations, indemnities, easements or other terms of this Agreement (including, without limitation, the Company, be it an owner or a tenant of any portion of the Shopping Center) shall be entitled to enforce the obligations of the Outlot Owner hereunder against any of the owners of the Outlot individually without prior demand, claim or suit upon any other owner of the Outlot. 10 _ �