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86-- 10+6984 without limitation reasonable attorneys$ fees, which may of mthis be incurred by it under the Leases or by reason Assignment, and from any and all claims and demandr. whatsoever which may be asserted against Lender by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Leases. It is further understood that this Assignment shall not operate to place responsibility for the control, o Lender nor shall or repair of the Property, or parts thereof, up it operate to make Lender liable for the performance of any of the terms and conditions of any of the Leases, or for any waste of the Property by the lessee under any of the Leases or any other party, or for any dangerous or defective condition of the Premises or for any negligence in the management, upkeep, repair or control of the Premises resulting in loss or injury or death to any lessee, licensee, employee or stranger. 12. Lender may take or release other security, may release any party primarily or secondarily liable for any Indebtedness secured hereby, may grant extensions, renewals, or indulgences with respect to such Indebtedness without prejudice to any of its rights hereunder. 13. Lender may, at its option, although it shall not be obligated so to do, perform any lease covenant for and on behalf of owner and any monies expended in so doing shall be chargeable with interest to Owner the same as for advances under the Credit Agreement or Collateral Agreements and added to the Indebtedness secured hereby. 14. Waiver of or acquiescence by Lender in any default by owner, or failure of Lender to insist upon strict performance by Owner of any warranties or agreements in this Assignment, shall not constitute a waiver of any subsequent or other default or failure, whether similar or dissimilar. 15. The rights and remedies of Lender under this Assignment are cumulative and are not in lieu of, but are in addition to any other rights or remedies which Lender shall have under the Credit Agreement or Collateral Agreements, or at law or in equity. 16. If any term of this Assignment, or the application thereof to any person or circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this Assignment, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Assignment shall be valid and enforceable to the fullest extent permitted by law. 17. Any default by the Owner in the performance or observance of any covenant or condition hereof shall be deemed a default or event of default under the Credit Agreement or the -5- Li