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( j) No fire or casualty loss claims shall be settled and no agreement will be made
<br />in respect of any award or payment in condemnation or eminent domain without m each case the prior
<br />~ written consent of the First Leasehold Mortgagee.
<br />(k) No liability for the payment of Rent or the performance of any of Lessee's
<br />covenants and agreements shall attach to or be imposed on the Permitted Leasehold Mortgagee (other
<br />than any obligations assumed by the Permitted Leasehold Mortgagee), a11 such liability (other than any
<br />obligations assumed by the Permitted Leasehold Mortgagee) being expressly waived by Lessor.
<br />(1) Lessor, within 10 days after a request in writing by Lessee or any Permitted
<br />Leasehold Mortgagee, shall furnish a written statement, duly acknowledged, that this Lease is in full
<br />force and effect and unamended, or if there are any amendments, such statement will specify the
<br />amendments, and that there are no defaults by Lessee that are known to Lessor, or if there are any
<br />known defaults, such statement shall specify the defaults Lessor claims exist.
<br />(m) No payment made to Lessor by any Permitted Leasehold Mortgagee shall
<br />constitute agreement that such payment was, in fact, due under the terms of this Lease; and the
<br />Permitted Leasehold Mortgagee having made any payment to Lessor pursuant to Lessor's wrongful,
<br />improper, or mistaken notice or demand shall be enritled to the return of any such payment or portion,
<br />provided it shall have made demand not later than one year after the date of its payment.
<br />( n) Lessor, on request, shall execute, acknowledge, and deliver to each Permitted
<br />Leasehold Mortgagee an agreement prepared at the sole cost and expense of Lessee, in form
<br />satisfactory to the Permitted Leasehold Mortgagee and Lessor, among Lessor, Lessee, and the Permitted
<br />Leasehold Mortgagee, agreeing to all the provisions of this section.
<br />( o) Lessor shall at no time be required to subordinate its fee simple interest in the
<br />Premises to the lien of any leasehold mortgage, nor to mortgage its fee simple interest in the Premises as
<br />collateral or additional security for any leasehold mortgage. Lessor shall attorn to any Permitted
<br />Leasehold Mortgagee or any other person who becomes Lessee by, through, or under a Permitted
<br />Leasehold Mortgage.
<br />(p) If Lessee is declared bankrupt or insolvent and this Lease is thereafter lawfully
<br />cancelled or rejected, Lessor shall immediately execute a new lease under the same terms and conditions
<br />as this Lease to the Pernutted Leasehold Mortgagee or its nominee, provided that all defaults under this
<br />Lease except the bankruptcy or insolvency of Lessee be cured by the Permitted Leasehold Mortgagee
<br />or its nominee.
<br />(q) If Lessor declares bankruptcy and Lessor's bankruptcy trustee rejects this
<br />Lease when there is a Leasehold Mortgagee, Lessee's right to elect to terminate this Lease or to retain its
<br />rights pursuant to §365(h)(1) of the Bankruptcy Code shall be exercised by the Leasehold Mortgagee.
<br />5ection 22. Transfer of Interest by Lessor
<br />Lessor may sell, exchange, assign, transfer, convey, contribute, distribute, or otherwise dispose
<br />of all or any part of its interest (called "Lessor's Interest") in the Premises or this Lease (including but
<br />not limited to Lessor's reversion).
<br />Section 23. Lessor's Right to Encumber
<br />Lessor, during the Term, may encumber, mortgage, pledge, or otherwise hypothecate its fee
<br />simple interest in the Premises.
<br />Section 24. Nonmerger
<br />There shall be no merger of this Lease, or of the leasehold estate created by this Lease, with
<br />the fee estate in the Premises by reason of the fact that this Lease, the leasehold estate created by this
<br />Lease, or any interest in this Lease or in any such leasehold estate, may be held, directly or indirectly, by
<br />or for the account of any person who shall own the fee estate in the Premises or any interest in such fee
<br />estate, and no such merger shall occur unless and until all persons at the time having an interest in the
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