Common use of Waiver of Landlord’s Lien Clause in Contracts

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, Date and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location Premises by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location Premises for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(snotice (s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.F (“Landlord Agreement”).

Waiver of Landlord’s Lien. Notwithstanding anything contained herein From time to time, some or all of Tenant’s Property may be financed or owned by someone other than Tenant. To the extent that any of Tenant’s Property is financed or owned by someone other than Tenant, Landlord agrees that such Tenant’s Property is not Landlord’s property no matter how the same is affixed to the contraryPremises or used by Tenant and agrees to recognize the rights of the lender, owner or secured creditor or lessor (“Secured Party”) of Tenant’s Property. Landlord hereby waives any statutory liens and claim arising by way of any rights of distress Landlord’s lien (whether created by statute or by contract but excluding any judgment lien) or otherwise with respect to Tenant’s Personalty. This Lease does not grant Property and agrees, if confirmation of said waiver is requested by Tenant, or Secured Party, to promptly sign and deliver to any such Secured Party a contractual waiver of any lien or any other security interest to Landlord or in favor of Landlord with respect to may have on Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty Property (“TenantLandlord’s MortgageeLien Waiver”). If said confirmation is requested by Tenant or Secured Party, Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Landlord’s Lien Waiver within fifteen (15) days from Tenant’s Mortgagee or Secured Party’s request therefore or Landlord shall have conclusively deemed to have granted confirmation of Landlord’s Lien Waiver thereafter and Landlord agrees that tenant and any Secured Party may thereafter rely thereon and Landlord shall be estopped from time raising any claim of lien on Tenant’s Property. Landlord also agrees that all of Tenant’s Property that is not subject to time to evidence an interest from Secured Party shall be the property and remain the property of Tenant or effect the aforesaid waiver and agreements of Landlord Tenant’s assignee or substantially in the form attached hereto as Exhibit F.transferee.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein From time to time, some or all of Tenant’s Property may be financed or owned by someone other than Tenant. To the extent that any of Tenant’s Property is financed or owned by someone other than Tenant, Landlord agrees that such Tenant’s Property is not Landlord’s property no matter how the same is affixed to the contraryPremises or used by Tenant and agrees to recognize the rights of the lender, owner or secured creditor or lessor (“Secured Party”) of Tenant’s Property. Landlord hereby waives any statutory liens and claim arising by way of any rights of distress Landlord’s lien (whether created by statute or by contract, but excluding any judgment lien) or otherwise with respect to Tenant’s Personalty. This Lease does not grant Property and agrees, if confirmation of said waiver is requested by Tenant, or Secured Party, to promptly sign and deliver to any such Secured Party a contractual waiver of any lien or any other security interest to Landlord or in favor of Landlord with respect to may have on Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty Property (“TenantLandlord’s MortgageeLien Waiver”). If said confirmation is requested by Tenant or Secured Party, Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Landlord’s Lien Waiver within fifteen (15) days from Tenant’s Mortgagee or Secured Party’s request therefore or Landlord shall have conclusively deemed to have granted confirmation of Landlord’s Lien Waiver thereafter and Landlord agrees that tenant and any Secured Party may thereafter rely thereon and Landlord shall be estopped from time raising any claim of lien on Tenant’s Property. Landlord also agrees that all of Tenant’s Property that is not subject to time to evidence an interest from Secured Party shall be the property and remain the property of Tenant or effect the aforesaid waiver and agreements of Landlord Tenant’s assignee or substantially in the form attached hereto as Exhibit F.transferee.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to TenantXxxxxx’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to TenantXxxxxx’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide TenantXxxxxx’s Mortgagee, upon written request of Tenant Xxxxxx (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow TenantXxxxxx’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord Xxxxxxxx further agrees to execute and deliver the form of written waiver reasonably requested by TenantXxxxxx’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) Landlord waives any lien rights it may have concerning the Tenant's Tower Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to provide remove the same by giving Landlord ten (10) days written notice of its intent to remove any part of its Tower Facilities so Landlord may properly coordinate the removal of the Towers. Tenant shall bring the Tower area back to its original condition with reasonable wear and tear accepted. (b) landlord acknowledges that Tenant has entered into a financing arrangements including promissory notes and financial and security agreements for the financing of the Tenant’s Mortgagee, upon written request of Tenant 's Tower Facilities (accompanied by the name and address of Tenant’s Mortgagee), "Collateral) with a copy of any default notice(s) given to Tenant under this Lease; providedthird party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, however, that Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosures, sale, levy, attachment, or distress for any Rent due or to become due and such Collateral may be removed at any time without recourse to legal proceedings. (c) Landlord acknowledges and agrees that with respect that, notwithstanding anything to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such the contrary contained in this Lease: Tenant request shall be deemed permitted to have been made pledge, mortgage, hypothecate or otherwise graxx x xxxx, xecurity interest or collateral assignment (whether pursuant to a security agreement, deed or trust, collateral assignment, mortgage or other instrument) (a "Lien") in and to all right, title and interest of Tenant in and to this Lease, including, without limitation, the right to occupy the Parcel pursuant to the terms hereof, to Nortel Networks Inc. (individually and/or as administrative agent for itself and other lenders) and its successors and assigns or any refinancing or replacement lender (hereinafter collectively called "Lenders".) in connection with certain debt financing to Tenant or to any of its affiliates as security for such debt financing. Lender shall be permitted to foreclose upon any such Lien (or accept an assignment in lieu of foreclosure) and transfer and assign all right, title and interest of Tenant in and to this Lease pursuant to or subsequent to such foreclosure and, in the Effective Dateevent of any such foreclosure, transfer of assignment, and provided Lender or its successor-in-interest expressly assumes in writing and agrees to perform each of Tenant's covenants, duties and obligations which will arise and accrue from and after the date of such foreclosure, transfer or assignment, Landlord agrees that it will recognize Lender or its successor-in-interest as the successor-in-interest to Tenant under this Lease as if Lender or its successor-in-interest (as applicable) where Tenant under this Lease. Within ten (10) business days after written request by Tenant, Landlord will execute and deliver in favor of Lender an estoppel certificate or other instrument in form reasonable acceptable to Landlord and such Lender pursuant to which Landlord will (i) confirm the existence, validity and binding effect of this Lease, (ii) confirm that Landlord is the failure owner and holder of this Lease, (iii) confirm that, to deliver such Landlord's current, actual knowledge, no monetary default and no other default has occurred under the terms of this Lease (or specifying any defaults which have occurred, which are continuing and of which Landlord is currently, actually aware), (iv) agree to provide Lender a copy of any notice shall not constitute a of default by Landlord delivered to Tenant hereunder, and (bv) to allow Tenant’s Mortgageeagree that, prior to any termination of this Lease or repossession as a result of a default of Tenant hereunder, Landlord will provide written notice of such default to Lender at its principal office in Richardson, Texas to the applicable Property Location by Landlord, the same notice rights and attention of Chaxxxx X. Xxxx xxd afford Lender a period of time not less than 30 days within which to cure such default. Landlord hereby agrees that all property of Tenant now or hereafter located on the Parcel shall be and remain personal property of Tenant notwithstanding the manner in which such property shall be attached of affixed to the Parcel. Landlord hereby further agrees that, notwithstanding the order of perfection or priority of any security interest or lien under applicable law, any security interest or lien for rent or similar charges or other indebtedness, liabilities or obligations owing to Landlord under or in connection with the Lease, whether arising by operation of law or otherwise, whether now existing or hereafter arising, and each and every right which Landlord now has or hereafter may have, either to levy or distrain upon any property of Tenant or any interest therein ("Lender's Collateral") or to claim or assert title to Lender's Collateral, or make any other claim against Lender's Collateral, whether under the Lease or the laws of the State in which the Parcel are located or under any deed of trust, mortgage or other lien document now in effect whether by reason of a default under the Lease or otherwise, expressly is hereby made and shall be subject and subordinate inevery respect to any security interest or lien or other right, title or interest of Lender in Lender's Collateral, no matter when acquired, and shall further be subject and subordinated to all of the terms, provisions and conditions of any loan or security document in favor of Lender. Lender and its agents and legal representatives, without any liability or accountability whatsoever to Landlord (except for damages, if any, to the Parcel caused thereby and the obligation to pay rental, both as provided hereinbelow), (a) may remove any or all of Lender's Collateral located at the Parcel from the Parcel (i) whenever Lender, in its sole discretion, believes such removal is allowed necessary to protect Lender's interest in Lender's Collateral or (ii) whenever Lender shall seek to sell or foreclose upon Lender's Collateral; and (b) shall have access to the parcel and Lender's Collateral at all times. Landlord grants to Lender a license access to the Parcel and Lender's Collateral at all times. Landlord grants to Lender a license to enter onto the Parcel and consents and agrees that Lender and/or its representatives or agents may at any time enter onto the Parcel to inspect Lender's Collateral, to take possession of Lender's Collateral and to remove any or all of Lender's Collateral from the parcel or exhibit for sale and/or conduct one or more sales of Lender's Collateral on the Parcel, and Landlord will not in any manner hinder, interfere or prevent any of the foregoing. Lender agrees to repair any damage caused by Lender or its agents or representatives as a direct result of any such removal of Lender's Collateral from the parcel by Lender or its agents or representatives. During any possession and occupancy of the Parcel by Lender, Lender's obligation to Landlord shall include only the obligation to pay the rental that accrues during such period of possession and occupancy if and to the extent that Tenant has not paid such rental. Lender shall have no obligation to cure any defaults of Tenant under this the Lease. If at any time, from time to time, Landlord ever comes into possession or control of any proceeds of any of Lender's Collateral. Such proceeds shall be held by Landlord for the benefit of Lender, to the extent of its interest therein, and the same shall forthwith be paid and delivered to Lender. (1) All terms and provision of clause (1), (2), (3), and (c4) preceding shall endure to permit the benefit of Lender. Landlord shall, upon request by Tenant’s Mortgagee , deliver to go upon Lender a subordination agreement executed by Landlord consistent with clause (4) and otherwise in a form reasonably acceptable to Lender pursuant to which Landlord subordinates any security interest or lien held by Landlord in any personal property of Tenant located on the applicable Property Location for Parcel to any security interest or lien then held by Lender. (2) In the purpose of removing Tenant’s Personalty even any time within ninety (90) days after the effective date of any termination other provision of this Lease or any repossession lease shall be in conflict with the provisions of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver Section 40, the form provisions of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.Section shall control.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee or other lender to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by LandlordLandlord (with Landlord having given Tenant’s lender prior written notice of such date of termination or repossession). Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(snotice PHIL1 681004v.14 (s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.F (“Landlord Agreement”).

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to the personal property (trade fixtures, equipment and merchandise) of Tenant from time to time located on the Property (“Tenant’s Personalty's Property”). This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty's Property. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty 's Property (“Tenant’s Mortgagee's Lender”), Landlord agrees as follows: (ai) to provide Tenant’s Mortgagee's Lender, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee's Lender), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee's Lender, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time time, after its receipt of such copy of default notice, to cure such default as is allowed Tenant under this Lease, and (ciii) to permit Tenant’s Mortgagee 's Lender to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time 's Property anytime within ninety twenty (9020) days after the effective date of any termination of this Lease or any repossession of the Premises Property by Landlord (with Landlord having given Tenant's Lender prior written notice of such date of termination or any part thereof by Landlordrepossession). Landlord further agrees to execute and deliver the form of written waiver such instruments reasonably requested by Tenant’s Mortgagee 's Lender from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.Landlord.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to the personal property (trade fixtures, equipment and merchandise) of Tenant from time to time located within the Demised Premises ("Tenant’s Personalty's Property"). This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty's Property. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty 's Property (“"Tenant’s Mortgagee”'s Lender"), Landlord agrees as follows: (ai) to provide Tenant’s Mortgagee's Lender, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee's Lender), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee's Lender, prior to any termination of this the Lease or repossession of the applicable Property Location Demised Premises by Landlord, the same notice rights and period of time (which period of time shall run concurrently with Tenant's cure period provided Landlord delivers a copy of any such notice of default to Tenant's Lender concurrently with delivery of such notice to Tenant), after its receipt of such copy of default notice, to cure such default as is allowed Tenant under this the Lease, and (ciii) to permit Tenant’s Mortgagee 's Lender to go upon the applicable Property Location Demised Premises for the purpose of removing Tenant’s Personalty 's Property any time within ninety twenty (9020) days after the effective date of any termination of this Lease or any repossession of the Demised Premises by Landlord (with Landlord having given Tenant's Lender prior written notice of such date of termination or repossession); provided, however, Tenant's Lender shall be responsible for any damages caused to either the Demised Premises or the Shopping Center in connection with the removal of Tenant's Property and Tenant's Lender shall indemnify and hold Landlord harmless from any part thereof and all claims, damages, causes of action, costs and expenses incurred by LandlordLandlord related directly or indirectly to the removal of Tenant's Property by Tenant's Lender. Further, Tenant's Lender, as a condition hereof, shall be required to agree that in the event Tenant's Lender fails to timely remove Tenant's Property, Tenant's Lender shall be deemed to have abandoned Tenant's Property whereupon Landlord shall be entitled to dispose of Tenant's Property as Landlord deems appropriate in its sole discretion without any obligation to account for the proceeds of such disposition to either Tenant or Tenant's Lender. Landlord further agrees to execute and deliver the form of written waiver such instruments reasonably requested by Tenant’s Mortgagee 's Lender from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.Landlord.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein in this Lease or under applicable Laws to the contrarycontrary notwithstanding, Landlord hereby waives any statutory liens and common law lien it may have against Tenant’s trade fixtures, equipment, furniture and all other tangible and intangible personal property, and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual and all equipment and/or supplies utilized by Tenant in its business operation, sand under no circumstances shall Landlord have any lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security possessory interest in Tenant’s Personalty (“work files, business papers and records, including, without limitation, the media on which those records and data are stored. Landlord agrees that, upon the request of Tenant, Landlord shall, at Tenant’s Mortgagee”)sole cost and expense, Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), negotiate in good faith with a copy of any default notice(s) given to Tenant under this Lease; provided, however, lender that is providing (i) Landlord acknowledges and agrees that with respect secured financing to Wachovia BankTenant, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure purchase money equipment financing to deliver such notice shall not constitute a default by Landlord hereunderTenant, and or (biii) equipment leasing to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing executing and delivering a commercially reasonable waiver or subordination of Landlord’s statutory and common law lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such person or entity regarding the security interests in, and the timing and removal of, any tenant personal property in which such lender has a secured interest (the “Collateral”), in form and substance reasonably acceptable to Landlord, Tenant’s Personalty , which shall include but not limited to, require Tenant and its lender (i) provides for the indemnification of Landlord against any claims by Tenant or any person or entity claiming through Tenant, and against any physical damage caused to the Premises, in connection with the removal of any of the Collateral by such person or entity, (ii) provide insurance in favor of Landlord, with coverage in amounts reasonably determined by Landlord, (iii) provides for a reasonable, but limited, time within ninety frame (90the duration of which shall be determined by Landlord) days after for the effective removal of such Collateral, and (iii) provides for the per diem payment of Rent due hereunder by such person or entity for each day following the date of any the expiration or termination of this the Lease or any repossession of the Premises or any part thereof by Landlord. that Landlord further agrees permits such Collateral to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially remain in the form attached hereto as Exhibit F.Premises.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens right to distrain Tenant's Trade Fixtures or any property of Tenant and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual Landlord's lien or similar lien upon Tenant's Trade Fixtures and any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender property of Tenant having regardless of whether such lien is created or otherwise. Landlord agrees, at the request of Tenant, to execute a waiver of any Landlord's or similar lien for the benefit of any present or future holder of a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request or lessor of Tenant (accompanied by the name and address any of Tenant’s Mortgagee), with a copy 's Trade Fixtures or any other personal property of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Tenant. Landlord acknowledges and agrees in the future to acknowledge (in a written form reasonably satisfactory to Tenant) to such persons and entities at such times and for such purposes as Tenant may reasonably request that with respect Tenant's Trade Fixtures are Tenant's property and not part of Improvements (regardless of whether or to Wachovia Bankwhat extent such Tenant's Trade Fixtures are affixed to the Improvements) or otherwise subject to the terms of this Lease; however, National AssociationLandlord shall not be obligated or responsible to notify any such person of Tenant's default hereunder or keep safe any such Tenant's Trade Fixtures for the benefit of any such person, as agentor allow any sales or auctions of such Tenant's Trade Fixtures on the Premises, as Tenant’s Mortgagee, and any such Tenant request person shall be deemed obligated to have been made as of the Effective Date, and (ii) the failure pay to deliver such notice shall not constitute a default Landlord rental or moving or storage fees incurred by Landlord hereunder, and (b) to allow for such Tenant’s Mortgagee, prior to any 's Trade Fixtures after the termination of this Lease or repossession and to repair any damage to the Premises caused by such person's removal of the applicable Property Location by any Tenant's Trade Fixtures. Tenant shall be obligated to pay Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location 's attorney fees for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date review and/or preparation of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.such acknowledgment.