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200406869 leasehold owner of such property or portion of the property, except as to obligations, liabilities or responsibilities that accrue during said period. Although persons may be released under this paragraph, the easements, covenants and restrictions in this Agreement shall continue to be benefits and servitudes upon said properties running with the land. 12. Breach. In the event of breach or threatened breach of this Agreement, only all record owners of the Wal -Mart Property as a group, or all record owners of the Trust Property as a group, or Wal -Mart so long as it or any affiliate has an interest as owner or Lessee of the Wal- Mart Property, shall be entitled to institute proceedings for full and adequate relief from the consequences of said breach or threatened breach. The unsuccessful party in any action shall pay to the prevailing party a reasonable sum for attorneys' fees, which shall be deemed to have accrued on the date such action was filed. 13. Rights of Successors. The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, lessees, successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. 14. Document Execution Modification and Cancellation. It is understood and agreed that until this document is fully executed by both Trust and Wal -Mart, there is not and shall not be an agreement of any kind between the parties hereto upon which any commitment, undertaking or obligation can be founded. This Agreement (including exhibits) may be modified or canceled only by Wal -Mart, as long as it or its affiliate has any interest as either owner or Lessee of the Wal -Mart Property, or its successors in interest, and together with the written consent of Trust, so long as it has an interest as an owner in the Trust Property, or its successors in interest. Such consents shall not be unreasonably withheld. 15. Non - Merger. So long as Wal -Mart or its affiliate is owner or Lessee of the Wal- Mart Property, this Agreement shall not be subject to the doctrine of merger. 16. Duration. Unless otherwise canceled or terminated, this Agreement and all the easements, rights and obligations hereof shall automatically terminate and be of no further force and effect after ninety -nine (99) years from the date hereof. 17. Headings. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this document nor in any way affect the terms and provisions hereof. 18. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto. The parties do not rely upon any statement, promise or representation not herein expressed, and this Agreement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 01498488.6/9 9