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200406860 damage or loss is covered by the property insurance which the releasing party is obligated hereunder to carry, or, if the releasing party is not carrying that insurance, then to the extent such damage or loss would be covered if the releasing party were carrying that insurance. (4) Notwithstanding anything to the contrary contained in this Paragraph 8, so long as the net worth of Wal -Mart or its parent company, Wal -Mart Stores, Inc., ( "Stores ") shall exceed One Hundred Million Dollars ($100,000,000.00), and so long as Wal -Mart is owner or Lessee of the Wal -Mart Property, Wal -Mart shall have the right to retain the financial risk for any claim in whole or in part. 9. Eminent Domain. a. Owner's Right to Award. Nothing herein shall be construed to give either party any interest in any award or payment made to the other party in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other party's property or giving the public or any government any rights in said property. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Wal -Mart Property or the Trust Property, the award attributable to the land and improvements of such portion so taken shall be payable only to the owner thereof, and no claim thereon shall be made by the other party. b. Collateral Claims. The party whose land is not taken may file collateral claims with the condemning authority for its losses which are separate and apart from the value of the land area and improvements taken from the other party. C. Tenant's Claim. Nothing in this Paragraph 9 shall prevent a tenant from making a claim against an owner pursuant to the provisions of any lease between tenant and owner for all or a portion of any such award or payment. d. Restoration of Common Areas. The owner of each portion so condemned shall promptly repair and restore the remainder of the property so owned as nearly as practicable to the condition of same immediately prior to such condemnation or transfer, to the extent that the proceeds of such award are sufficient to pay the cost of such restoration and repair and without contribution from any other owner. 10. Rights and Obligations of Lenders. If by virtue of any right or obligation set forth herein a lien shall be placed upon the property of either party hereto, such lien shall expressly be subordinate and inferior to the lien of any first lienholder now or hereafter placed on such property. Except as set forth in the preceding sentence, however, any holder of a first lien on the Wal -Mart Property or the Trust Property, and any assignee or successor in interest of such first lienholder, shall be subject to the terms and conditions of this Agreement. 11. Release from Liability. Any person acquiring fee or leasehold title to the Wal- Mart Property or the Trust Property or any portion thereof, shall be bound by this Agreement only as to the property or portion of the property acquired by such person. In addition, such person shall be bound by this Agreement only during the period such person is the fee or 01- 498488.6/8 8