Common use of Release of Lender Clause in Contracts

Release of Lender. Seller and Seller Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Seller Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender’s exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Seller and Seller PrincipalSeller, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys attorneys, and Principal, for itself and for its agents, employees, representatives, officers, directors, general partners, limited partners, members, managers, shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys, heirs, successors and assigns (collectively, the “Seller Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Original Lender, Interim Lender, Servicer and each other servicer under the Pooling and Servicing Agreement, and Wxxxx Fargo Bank, National Association, MidlandN.A., and their respective predecessors, successors, assigns, managers, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender’s exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint members, managers, shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants, attorneys, heirs, successors and assigns. Buyer, for itself and for its agents, employees, representatives, officers, directors, general partners, limited partners, members, managers, shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants servants, attorneys, heirs, successors and attorneys assigns (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Original Lender, Interim Lender, Servicer and each other servicer under the Pooling and Servicing Agreement and Wxxxx Fargo Bank, National Association, MidlandN.A., and their respective predecessors, successors, assigns, managers, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint members, managers, shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants servants, attorneys, heirs, successors and attorneysassigns.

Release of Lender. Seller and Seller PrincipalThe Borrower, for themselves itself and for their agentson behalf of its predecessors and successors and its past and present divisions and Subsidiaries, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants hereby absolutely and attorneys (collectively, irrevocably forever releases and discharges the “Seller Releasing Parties”) jointly Lender and severally release its predecessors and forever discharge Lender, PNC Bank, National Association, Midland, successors and its past and present divisions and Subsidiaries and its and their respective successors, assigns, partnersshareholders, directors, officers, employees, agents, representatives, consultants, attorneys, administratorsAffiliates, trusteesand assigns, subsidiariesfrom any and all obligations, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligationslosses, costsclaims, counterclaims, demands, expenses, claims and damagesattorney’s fees, at law rights, actions, causes of action, debts, dues, sums of money, accounts, bonds, bills, covenants, contracts, controversies, agreements, promises, judgments, executions, or in equitysuits of any kind or nature, whether accrued or unaccrued, asserted or unasserted, known or unknown, which suspected or unsuspected, absolute or contingent, in law, equity, bankruptcy or otherwise (including, without limitation, any and all claims for avoidable preferences, fraudulent conveyances or transfers and/or recoverable setoffs under the law of any jurisdiction regarding insolvency or debtor/creditor rights or otherwise) under or arising out of the Seller Releasing Parties may now Procurement Agreement, Finance Agreement, and all agreements, instruments and indentures relating to the Procurement Agreement or hereafter hold the Finance Agreement, or claim to hold under common law or statutory right, arising in any manner out of any matters circumstances occurring on or before the date hereof in connection with the PropertyClosing Date, including, without limitation, the LoanArbitration, the New York Litigation, the Mexican Commercial Litigation, the Mexican Criminal Litigation and the Mexican Insolvency Litigation, but excluding any of the Loan Documents obligations under or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects arising out of this Agreement and the Loan Documents, or any negotiations, demands document or requests with respect thereto, and (b) Lender’s exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneysinstrument delivered pursuant hereto.

Release of Lender. Seller and Seller PrincipalSubject to the last sentence of this paragraph, Seller, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Seller Releasing Parties”) jointly and severally release and forever discharge LenderLender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, this Agreement, any of the Original Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Original Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender’s exercise or attempts to exercise any of its rights under this Agreement, any of the Original Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything The foregoing to the contrary notwithstanding, nothing in this Section 16Agreement shall be deemed to release the Lender from its obligations to reimburse Seller for certain attorneys’ fees and costs as provided in Paragraph 4a of a certain Forbearance Agreement between Seller and Lender dated November 12, 2009, as the Seller Releasing Parties are not waiving their respective rights same has been increased as described in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this AgreementParagraph 3 above. Buyer and Buyer Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge LenderLender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives (excluding the Receiver Parties) from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding the foregoing release, the Buyer Releasing Parties shall not be barred from asserting any defenses or affirmative defenses in the event any of the parties released hereby initiate any proceedings against any of the Buyer Releasing Parties.

Release of Lender. Seller Each of Borrower, Old Guarantor and Seller PrincipalNew Guarantor, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Seller "Releasing Parties”") jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midlandand Midland Loan Services, a division of PNC Bank, National Association, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby, in each case solely to the extent arising prior to the date hereof. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender’s 's exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Seller and Seller PrincipalBorrower, for themselves itself and for their its agents, employees, ----------------- representatives, officers, directors, general partners, limited partners, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, servants and attorneys, and Existing GP, for itself and for its agents, employees, representatives, officers, directors, general partnersmembers, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Seller "Borrower Releasing Parties”") jointly and severally release -------------------------- and forever discharge LenderLender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives (collectively, the "Released Parties") from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on kind or before the date hereof in connection nature whatsoever with the Property, respect to the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Loan Documents, any negotiationsthe administration or funding of the Loan, demands the transactions contemplated hereby or requests with respect thereto, and (b) Lender’s exercise to any acts or attempts to exercise any omissions of its rights under this Agreement, any of the Loan Documents, at law or in equityReleased Parties. The Seller Borrower Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Borrower Releasing Parties, or anyone claiming by, through or under any of the Seller Borrower Releasing Parties. The Seller Borrower Releasing Parties agree that this release is binding upon Borrower and Existing GP and intended to be binding on each of them the Borrower Releasing Parties and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Seller and Seller Principal, Seller's Principal for ----------------- themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “"Seller Releasing Parties”") jointly ------------------------ and severally release and forever discharge LenderLender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: : (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender’s 's exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Buyer's Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “"Buyer Releasing Parties”") jointly and severally release and forever discharge Lender----------------------- Lender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Seller, Seller Principal and Seller PrincipalTenant, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Seller Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, MidlandMidland Loan Services, a Division of PNC Bank, National Association, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender’s exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16Buyer, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer Principal and Buyer PrincipalTenant, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, MidlandMidland Loan Services, a Division of PNC Bank, National Association, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Each of Seller and Seller Existing Principal, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, members, shareholders, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employeesservants, servants attorneys, successors and attorneys assigns (collectively, the “Seller Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, Lender and their respective its successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law law, statutory right or statutory rightotherwise, arising in any manner out of, or relating to, any matters of any matters kind or nature whatsoever occurring on or before prior to the date hereof Closing in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated therebythereby or hereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect hereto or thereto, and (b) Lender’s exercise or attempts to exercise any of its rights under this Agreement, Agreement or any of the Loan Documents, at law or in equity, but excluding any claims or causes of action which Seller or Existing Principal may have in connection with Lender's failure to comply with the terms of this Agreement. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing PartiesParties arising out of, or relating to, any matters of any kind or nature whatsoever occurring prior to the Closing in connection with the Property, the Loan, any of the Loan Documents, or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby or hereby; provided however that in no event shall any provision of this Paragraph 11 be considered a release of liability for Lender's failure to comply with the terms of this Agreement. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, members, shareholders, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes Each of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, managersmembers, membersshareholders, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employeesservants, servants attorneys, successors and attorneys assigns (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, Lender and their respective its successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise any of the Buyer Releasing Parties may now or hereafter hold or claim to hold under common law, statutory right or otherwise arising out of, or relating to, any matters of any matters kind or nature whatsoever occurring prior to the Closing in connection with the Loan, the Loan Documents, the Property, this Agreement or the transactions contemplated herebyhereby or thereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing PartiesParties arising out of, or relating to, any matters of any kind or nature whatsoever occurring prior to the Closing in connection with the Loan, the Loan Documents, the Property, this Agreement or the transactions contemplated hereby or thereby. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, members, shareholders, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Seller and Seller PrincipalBorrower, for themselves itself and for their its agents, employees, ----------------- representatives, officers, directors, general partners, limited partners, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, servants and attorneys, and Existing GP, for itself and for its agents, employees, representatives, officers, directors, members, partners, limited partners, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, servants and attorneys (collectively, the “Seller "Borrower Releasing Parties”") jointly and severally release and forever discharge LenderLender and iStar Asset Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives (collectively, the "Released Parties") from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on kind or before the date hereof in connection nature whatsoever with the Property, respect to the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Loan Documents, any negotiationsthe administration or funding of the Loan, demands the transactions contemplated hereby or requests with respect thereto, and (b) Lender’s exercise to any acts or attempts to exercise any omissions of its rights under this Agreement, any of the Loan Documents, at law or in equityReleased Parties. The Seller Borrower Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Borrower Releasing Parties, or anyone claiming by, through or under any of the Seller Borrower Releasing Parties. The Seller Borrower Releasing Parties agree that this release is binding upon Borrower and Existing GP and intended to be binding on each of them the Borrower Releasing Parties and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Each of Seller and Seller Existing Principal, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, members, shareholders, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employeesservants, servants attorneys, successors and attorneys assigns (collectively, the “Seller Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, Lender and their respective its successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law law, statutory right or statutory rightotherwise, arising in any manner out of, or relating to, any matters of any matters kind or nature whatsoever occurring on or before prior to the date hereof Closing in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated therebythereby or hereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect hereto or thereto, and (b) LenderXxxxxx’s exercise or attempts to exercise any of its rights under this Agreement, Agreement or any of the Loan Documents, at law or in equity, but excluding any claims or causes of action which Seller or Existing Principal may have in connection with Lender's failure to comply with the terms of this Agreement. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing PartiesParties arising out of, or relating to, any matters of any kind or nature whatsoever occurring prior to the Closing in connection with the Property, the Loan, any of the Loan Documents, or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby or hereby; provided however that in no event shall any provision of this Paragraph 11 be considered a release of liability for Xxxxxx's failure to comply with the terms of this Agreement. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, members, shareholders, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes Each of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, managersmembers, membersshareholders, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employeesservants, servants attorneys, successors and attorneys assigns (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, Lender and their respective its successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise any of the Buyer Releasing Parties may now or hereafter hold or claim to hold under common law, statutory right or otherwise arising out of, or relating to, any matters of any matters kind or nature whatsoever occurring prior to the Closing in connection with the Loan, the Loan Documents, the Property, this Agreement or the transactions contemplated herebyhereby or thereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing PartiesParties arising out of, or relating to, any matters of any kind or nature whatsoever occurring prior to the Closing in connection with the Loan, the Loan Documents, the Property, this Agreement or the transactions contemplated hereby or thereby. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, members, shareholders, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Seller and Seller PrincipalSeller, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “"Seller Releasing Parties”") jointly and severally release and forever discharge LenderLender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: : (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender’s 's exercise or attempts to exercise any of its rights under this Agreement, Agreement or any of the Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer PrincipalPrior Principals, for themselves and for their respective agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer "Prior Principal Releasing Parties”") jointly and severally release and forever discharge Lender and Midland Loan Services, Inc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender's exercise or attempts to exercise any of its rights under this Agreement or any of the Loan Documents, PNC Bankat law or in equity. The Prior Principal Releasing Parties agree that this release is a full, National Associationfinal and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Prior Principal Releasing Parties, Midlandor anyone claiming by, through or under any of the Prior Principal Releasing Parties. The Prior Principal Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Buyer, for itself and for its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the "Buyer Releasing Parties") jointly and severally release and forever discharge Lender and Midland Loan Services, Inc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. New Principal, for itself and for its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the "New Principal Releasing Parties") jointly and severally release and forever discharge Lender and Midland Loan Services, Inc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The New Principal Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the New Principal Releasing Parties, or anyone claiming by, through or under any of the New Principal Releasing Parties. The New Principal Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Seller Seller, for itself and Seller for its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys, and Original Principal, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “"Seller Releasing Parties”") jointly and severally release and forever discharge Lender, PNC BankClarion Partners, National AssociationLLC and Midland Loan Services, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: (a) the Lawsuit and any and all claims that were or could have been brought therein, (b) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (bc) Lender’s 's exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. In connection with its release of any and all claims relating to the Lawsuit, Seller has delivered to Lender the Dismissal and agrees to take any and all actions necessary to fully dismiss the Lawsuit with prejudice. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer PrincipalBuyer, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, managersjoint shareholders, membersbeneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys, and New Principal, for itself and for its agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “"Buyer Releasing Parties”") jointly and severally release and forever discharge LenderLender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys.

Release of Lender. Seller Each of Borrower and Seller Principal, for themselves itself and for their its agents, employees, representatives, officers, directors, general partners, limited partners, joint members, managers, shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employeesservants, servants attorneys, heirs, successors and attorneys assigns (collectively, the “Seller Releasing Parties”) jointly and severally release and forever discharge Original Lender, PNC Bank, National Association, MidlandLender and Servicer and each other servicer under the Pooling and Servicing Agreement, and their respective predecessors, successors, assigns, managers, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Releasing Parties may now or hereafter hold or claim to hold under common law law, statutory right or statutory rightotherwise, arising in any manner out of, or relating to, any matters of any matters occurring on kind or before the date hereof nature whatsoever in connection with (x) the PropertyProperty (including, without limitation, the Loanownership or operation thereof), the Loan (including, without limitation, the funding, administration or servicing thereof), any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or (y) the Ground Lease, the construction of the Improvements and the other transactions contemplated therebyby the Loan Documents. Without limiting the generality of the foregoing, this release shall include the following matters: (a) all aspects of this Agreement Agreement, the other New Loan Documents and the other Loan DocumentsDocuments and the transactions contemplated hereby and thereby, any negotiations, demands or requests with respect hereto or thereto, and (b) Lender’s exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. The Seller Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Releasing Parties, or anyone claiming by, through or under any of the Seller Releasing Parties. The Seller Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint members, managers, shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything to the contrary in this Section 16, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer and Buyer Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer Releasing Parties”) jointly and severally release and forever discharge Lender, PNC Bank, National Association, Midland, and their respective successors, assigns, partners, directors, officers, employees, agentsservants, attorneys, administratorsheirs, trustees, subsidiaries, affiliates, beneficiaries, shareholders successors and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law assigns. Lender agrees that the foregoing release does not apply to any act or in equity, known or unknown, which arise out omission of any matters Lender first occurring prior to after the Closing in connection with the transactions contemplated hereby. The Buyer Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Releasing Parties, or anyone claiming by, through or under any of the Buyer Releasing Parties. The Buyer Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneysDate.

Release of Lender. Seller Subject to and Seller in reliance on the Lender's representations contained in Paragraph 6, Assignor and Assignor Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Seller "Assignor Releasing Parties”) "), jointly and severally release and forever discharge LenderLender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which any of the Seller Assignor Releasing Parties may now or hereafter hold or claim to hold under common law or statutory right, arising in any manner out of any matters occurring on or before the date hereof in connection with the Property, the Loan, any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Without limiting the generality of the foregoing, this release shall include the following matters: : (a) all aspects of this Agreement and the Loan Documents, any negotiations, demands or requests with respect thereto, and (b) Lender’s 's exercise or attempts to exercise any of its rights under this Agreement, any of the Loan Documents, at law or in equity. The Seller Subject to the qualifications set forth in this Paragraph 10, the Assignor Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Seller Assignor Releasing Parties, or anyone claiming by, through or under any of the Seller Assignor Releasing Parties. The Seller Assignor Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. Notwithstanding anything Subject to and in reliance on the contrary Lender's representations contained in this Section 16Paragraph 6, the Seller Releasing Parties are not waiving their respective rights in connection with any claims or causes of action which Seller Releasing Parties may have in connection with Lender’s failure to comply with this Agreement. Buyer Assignee and Buyer Assignee Principal, for themselves and for their agents, employees, representatives, officers, directors, general partners, limited partners, managers, members, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively, the “Buyer "Assignee Releasing Parties”) "), jointly and severally release and forever discharge LenderLender and Midland Loan Services, PNC Bank, National Association, MidlandInc., and their respective successors, assigns, partners, directors, officers, employees, agents, attorneys, administrators, trustees, subsidiaries, affiliates, beneficiaries, shareholders and representatives from all liabilities, obligations, costs, expenses, claims and damages, at law or in equity, known or unknown, which arise out of any matters occurring occuring prior to the Closing in connection with the transactions contemplated hereby. The Buyer Assignee Releasing Parties agree that this release is a full, final and complete release and that it may be pleaded as an absolute bar to any or all suit or suits pending or which may thereafter be filed or prosecuted by any of the Buyer Assignee Releasing Parties, or anyone claiming by, through or under any of the Buyer Assignee Releasing Parties. The Buyer Subject to the qualifications set forth in this Paragraph 10 the Assignee Releasing Parties agree that this release is binding upon each of them and their respective agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys. The releases of Lender contain in this Paragraph shall not apply to fraud, bad faith, willful misconduct or intentional misrepresentation by or of the Lender.