Common use of Principles of Construction Clause in Contracts

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect defined and, for the avoidance of doubt, any use of a singular term to cross-references contained herein to define more than one (“Borrower” or “Lender”, for example) shall mean any or all of such term unless the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references context shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmentindicate otherwise. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) or defined by reference to the Mortgage Loan Agreement shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender the Requisite Lenders shall have consented to such amendment. Provisions of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements referred to or incorporated herein by reference shall be such provisions of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements, as applicable, as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements to such provision unless the Requisite Lenders shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 1.3 or Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections “Sections” and schedules “Schedules” are to sections Sections and schedules Schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. All covenants, representations, terms and conditions contained in this Agreement applicable to “Borrower” shall be deemed to apply to each Borrower Entity individually. It shall constitute an Event of Default if any covenant, representation, term or condition contained in this Agreement is breached (beyond any applicable notice and cure periods) with respect to any individual Borrower Entity. With respect to terms defined by cross-references contained herein reference to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to Documents, such defined terms therein), unless otherwise specifically provided herein, shall have the respective definitions set forth for such cross-references shall be with respect to terms in the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment modifications to such cross-referenced sections of the Mortgage Loan Documents or shall have the Other Mezzanine Loan Documents shall be binding upon Lender effect of changing such definitions for the purpose of this Agreement unless Lender shall expressly agrees that such definitions as used in this Agreement have expressly agreed in writing been revised or Lender consents to be bound the modification documents. With respect to any provisions incorporated by such modification or amendment. Terms used reference herein and not otherwise defined herein (but defined in from the Mortgage Loan Agreement) Documents, such provisions shall have be deemed a part of this Agreement notwithstanding the meaning set forth in fact that the Mortgage Loan Agreement as of the Closing Date, notwithstanding shall no longer be effective for any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentreason. The words phrase “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not cause or permit Operating Company Mortgage Borrower to” (or words phrases of similar meaning) ), as used herein, shall mean Borrower shall cause Mezzanine A Borrower to cause Mortgage Borrower, Senior Mezzanine Borrower to so act or Operating Company (subject not to the provisions of Section 5.3)so act, as applicable, applicable (or that Borrower shall permit Mezzanine A Borrower to permit Mortgage Borrower to so act or not to so act, as applicable).

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained References herein to “the Mortgage Loan Documents Property or any portion thereof” and words of similar import shall be deemed to refer, as applicable, to any portion of the Other Mezzanine Loan Documents Property taken as a whole (including with respect to any cross-references to defined Individual Property) and any portion of any Individual Property. Capitalized terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and but not otherwise defined herein (but defined in the Mortgage Loan Agreement) this Agreement shall have the meaning set forth for such terms in the Mortgage Loan Agreement. With respect to references to the Mortgage Loan Documents (including without limitation terms defined by cross-reference to the Mortgage Loan Documents), the Mezzanine A Loan Documents (including without limitation terms defined by cross-reference to the Mezzanine A Loan Documents) and the Mezzanine B Loan Documents (including without limitation terms defined by cross-reference to the Mezzanine B Loan Documents), such references shall refer to the Mortgage Loan Documents, the Mezzanine A Loan Documents and the Mezzanine B Loan Documents, as applicable, as in effect on the Closing Date (and any such defined terms shall have the definitions set forth in the Mortgage Loan Documents, the Mezzanine A Loan Documents and the Mezzanine B Loan Documents, as applicable, as of the Closing Date) and no amendments, restatements, replacements, supplements, waivers or other modifications to or of the Mortgage Loan Documents, the Mezzanine A Loan Documents or the Mezzanine B Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents, the Mezzanine A Loan Documents or the Mezzanine B Loan Documents shall be effective notwithstanding the termination of the Mortgage Loan Documents, the Mezzanine A Loan Documents or the Mezzanine B Loan Documents by payment in full of the Mortgage Loan, the Mezzanine A Loan or the Mezzanine B Loan, as applicable, or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents, any Mezzanine A Loan Documents or any Mezzanine B Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents, the Mezzanine A Loan Documents and the Mezzanine B Loan Documents, as applicable, by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall at all times be deemed to incorporate each such term, provision and definition of the applicable other document or instrument as the same is set forth in such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentClosing Date. The words “Borrower shall cause Mortgage Borrower, Mezzanine A Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior and/or Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company toB Borrower” or “Borrower shall not permit Operating Company toMortgage Borrower, Mezzanine A Borrower and/or Mezzanine B Borrower” (or words of similar meaning) shall mean “Borrower shall cause Mezzanine B Borrower to cause Mezzanine A Borrower to cause Mortgage Borrower, Senior Borrower to” or “Borrower shall not permit Mezzanine B Borrower or Operating Company (subject to the provisions of Section 5.3)permit Mezzanine A Borrower to permit Mortgage Borrower to”, as applicablethe case may be, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. References herein to “the Property or any portion thereof” and words of similar import shall be deemed to refer, as applicable, to any portion of the Property taken as a whole (including any Individual Property) and any portion of any Individual Property. Capitalized terms used but not defined in this Agreement shall have the meaning set forth for such terms in the Mortgage Loan Agreement. With respect to cross-references contained herein to the Mortgage Loan Documents or (including without limitation terms defined by cross-reference to the Other Mortgage Loan Documents) and the Mezzanine A Loan Documents (including with respect to any without limitation terms defined by cross-references reference to defined terms thereinthe Mezzanine A Loan Documents), unless otherwise specifically provided herein, such cross-references shall be with respect refer to the Mortgage Loan Documents or and Mezzanine A Loan Documents, as applicable, as in effect on the Other Mezzanine Closing Date (and any such defined terms shall have the definitions set forth in the Mortgage Loan Documents and the Mezzanine A Loan Documents, as the case may beapplicable, in existence as of the date hereof, Closing Date) and no modification amendments, restatements, replacements, supplements, waivers or amendment other modifications to such cross-referenced sections or of the Mortgage Loan Documents or the Other Mezzanine A Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents or the Mezzanine A Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in effective notwithstanding the termination of the Mortgage Loan Agreement) Documents or the Mezzanine A Loan Documents by payment in full of the Mortgage Loan or the Mezzanine A Loan, as applicable, or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents or any Mezzanine A Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents and the Mezzanine A Loan Documents, as applicable, by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall have at all times be deemed to incorporate each such term, provision and definition of the meaning applicable other document or instrument as the same is set forth in the Mortgage Loan Agreement such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentClosing Date. The words “Borrower shall cause Mortgage Borrower to”, and/or Mezzanine A Borrower” or “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior and/or Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company toA Borrower” (or words of similar meaning) shall mean “Borrower shall cause Mezzanine A Borrower to cause Mortgage Borrower, Senior Borrower to” or “Borrower shall not permit Mezzanine A Borrower or Operating Company (subject to the provisions of Section 5.3)permit Mortgage Borrower to”, as applicablethe case may be, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained References herein to “the Mortgage Loan Documents Property or any portion thereof” and words of similar import shall be deemed to refer, as applicable, to any portion of the Other Mezzanine Loan Documents Property taken as a whole (including with respect to any cross-references to defined Individual Property) and any portion of any Individual Property. Capitalized terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and but not otherwise defined herein (but defined in the Mortgage Loan Agreement) this Agreement shall have the meaning set forth for such terms in the Mortgage Loan Agreement. With respect to references to the Mortgage Loan Documents (including without limitation terms defined by cross-reference to the Mortgage Loan Documents), such references shall refer to the Mortgage Loan Documents as in effect on the Closing Date (and any such defined terms shall have the definitions set forth in the Mortgage Loan Documents as of the Closing Date) and no amendments, restatements, replacements, supplements, waivers or other modifications to or of the Mortgage Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents shall be effective notwithstanding the termination of the Mortgage Loan Documents by payment in full of the Mortgage Loan or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall at all times be deemed to incorporate each such term, provision and definition of the applicable other document or instrument as the same is set forth in such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentClosing Date. The words “Borrower shall cause” or “Borrower shall not permit” (or words of similar meaning) shall mean “Borrower shall cause Mortgage Borrower to”, ” or “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to as the provisions of Section 5.3), as applicablecase may be, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Any reference in this Agreement or in any other Loan Documents to any Loan Documents shall be deemed to include references to such documents as the same may hereafter be amended, modified, supplemented, extended, replaced and/or restated from time to time (and, in the case of any note or other instrument, to any instrument issued in substitution therefor). All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. References herein to (x) “the Property or any portion thereof” and words of similar import shall be deemed to refer, as applicable, to any portion of the Property taken as a whole (including any Individual Property) and any portion of any Individual Property or (y) “the Collateral or any portion thereof” and words of similar import shall be deemed to refer, as applicable, to any portion of the Collateral taken as a whole. With respect to cross-references contained herein or in any other Loan Document to the Mortgage Loan Documents or to the Other Mezzanine any Mortgage Loan Documents Document (including with respect to any cross-references to defined terms therein), ) unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine such Mortgage Loan Documents Document, as the case may be, in existence as of the date hereof. Notwithstanding anything to the contrary contained herein, and no modification including references to the Mortgage Loan or amendment to such cross-referenced sections capitalized terms being defined in the Mortgage Loan Documents: (i) nothing herein creates any obligation of Borrower with respect to any of the Mortgage Loan Documents and Borrower has no obligation to comply with and shall not be liable under any Mortgage Loan Document; and (ii) nothing herein creates any obligation of Mortgage Borrower with respect to any of the Loan Documents, and Mortgage Borrower has no obligation to comply with and shall not be liable under any Loan Document. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Other Mezzanine Mortgage Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in effective notwithstanding the termination of the Mortgage Loan Agreement) Documents by payment in full of the Mortgage Loan or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall have at all times be deemed to incorporate each such term, provision and definition of the meaning applicable other document or instrument as the same is set forth in the Mortgage Loan Agreement such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Closing Date, unless Lxxxxx expressly agrees that such term, provision or definition as appearing, incorporated into, or used in this Agreement to such defined terms unless Lender shall have consented to such amendmentbeen revised. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company tocause” or “Borrower shall not permit Operating Company topermit” (or words of similar meaning) shall mean “Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower to” or Operating Company (subject to the provisions of Section 5.3)“Borrower shall not cause or permit Mortgage Borrower to”, as applicablethe case may be, to so act or not to so act, as applicable. Borrower and Lender hereby acknowledge and agree that, as to any clauses or provisions contained in this Agreement or any of the other Loan Documents to the effect that (i) Borrower shall cause Mortgage Borrower to act or to refrain from acting in any manner or (ii) Borrower shall cause to occur or not to occur, or otherwise be obligated in any manner with respect to, any matters pertaining to Mortgage Borrower, the Property or the Collateral, or (iii) other similar effect, such clause or provision, in each case, is intended to mean, and shall be construed as meaning, that Borrower has undertaken to act and is obligated to act only in its capacity as the shareholder of Mortgage Borrower but not directly with respect to Mortgage Borrower, the Collateral or the Property or in any other manner which would violate any of the covenants contained in Article 5 hereof or other similar covenants contained in Borrower’s organizational documents.

Principles of Construction. (a) All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. All covenants, representations, terms and conditions contained in this Agreement applicable to (i) Property or Properties shall be deemed to apply to each Individual Property individually, (ii) Operating Tenant shall be deemed to apply to each Operating Tenant individually, (iii) Operating Lease shall be deemed to apply to each Operating Lease individually and (iv) Mortgage Borrower shall be deemed to apply to each Mortgage Borrower, as applicable, individually. With respect to terms defined by cross-references contained herein reference to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to Documents, such defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to have the definitions set forth in the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment modifications to such cross-referenced sections of the Mortgage Loan Documents or shall have the Other Mezzanine Loan Documents shall be binding upon Lender effect of changing such definitions for the purpose of this Agreement unless Lender shall expressly agrees that such definitions as used in this Agreement have expressly agreed in writing been revised or Lender consents to be bound the modification documents. With respect to any provisions incorporated by such modification or amendment. Terms used reference herein and not otherwise defined herein (but defined in from the Mortgage Loan Agreement) , such provisions shall have be deemed a part of this Agreement notwithstanding the meaning set forth in fact that the Mortgage Loan Agreement as of the Closing Date, notwithstanding shall no longer be effective for any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicablereason.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect Wherever a representation, warranty or certificate is based upon the knowledge of any Individual Borrower or Borrower, the knowledge of each Individual Borrower or Borrower shall be imputed to cross-references contained herein each other Individual Borrower or Borrower subject to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, provisions hereof and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or Agreement relating to the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmentMinority Interest Properties. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement or Senior Mezzanine Loan Agreement) , as applicable, shall have the meaning set forth in the Mortgage Loan Agreement or the Senior Mezzanine Loan Agreement, as applicable, as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement or the Senior Mezzanine Loan Agreement, as applicable, to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company Baltimore Owner to” or “Borrower shall not permit Operating Company Baltimore Owner to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3)cause Mortgage Borrower and/or Baltimore Owner, as applicable, to so act or not to so act, as applicable.

Principles of Construction. All references to sections “Sections” and schedules “Schedules” are to sections Sections and schedules Schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. All covenants, representations, terms and conditions contained in this Agreement applicable to “Borrower” shall be deemed to apply to each Borrower Entity individually. It shall constitute an Event of Default if any covenant, representation, term or condition contained in this Agreement is breached (beyond any applicable notice and cure periods) with respect to any individual Borrower Entity. With respect to terms defined by cross-references contained herein reference to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to Documents, such defined terms therein), unless otherwise specifically provided herein, shall have the respective definitions set forth for such cross-references shall be with respect to terms in the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment modifications to such cross-referenced sections of the Mortgage Loan Documents or shall have the Other Mezzanine Loan Documents shall be binding upon Lender effect of changing such definitions for the purpose of this Agreement unless Lender shall expressly agrees that such definitions as used in this Agreement have expressly agreed in writing been revised or Lender consents to be bound the modification documents. With respect to any provisions incorporated by such modification or amendment. Terms used reference herein and not otherwise defined herein (but defined in from the Mortgage Loan Agreement) Documents, such provisions shall have be deemed a part of this Agreement notwithstanding the meaning set forth in fact that the Mortgage Loan Agreement as of the Closing Date, notwithstanding shall no longer be effective for any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentreason. The words phrase “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not cause or permit Operating Company Mortgage Borrower to” (or words phrases of similar meaning) ), as used herein, shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower to so act or Operating Company (subject not to the provisions of Section 5.3)so act, as applicable, applicable (or that Borrower shall permit Mortgage Borrower to so act or not to so act, as applicable).

Principles of Construction. All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. All references to the Loan Agreement, the Note or any other Loan Document shall mean the Loan Agreement, the Note or such other Loan Document as in effect on the date hereof, as each of the same may hereafter be amended, restated, replaced, supplemented or otherwise modified. With respect to terms defined by cross-references contained herein reference to the Mortgage Senior Loan Documents, such defined terms shall have the definitions set forth in the Senior Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment modifications to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Senior Loan Documents shall be binding upon Lender have the effect of changing such definitions for the purposes of this Agreement unless Lender shall has approved the amendment or modification to the Senior Loan Document in which such definition was modified or otherwise expressly agrees that such definitions as used in this Agreement have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentbeen revised. The words “Borrower shall cause Mortgage Senior Borrower to”, “Borrower shall not permit Mortgage Borrower to”, ” or “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company Senior Borrower to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicableused herein, shall mean that Borrower shall exercise its rights as the indirect member of Senior Borrower, in its own capacity to cause Senior Borrower to so act or not to so act, as applicable (or that Borrower shall exercise its rights as the indirect member of Senior Borrower, in its own capacity and/or as indirect member of Senior Borrower to permit Senior Borrower to so act or not to so act, as applicable). Borrower and Lender hereby acknowledge and agree that, as to any clauses or provisions contained in this Agreement or any of the other Loan Documents to the effect that (i) Borrower shall cause Senior Borrower to act or to refrain from acting in any manner or (ii) Borrower shall cause to occur or not to occur, or otherwise be obligated in any manner with respect to, any matters pertaining to Senior Borrower, the Property or the Collateral, or (iii) other similar effect, such clause or provision, in each case, is intended to mean, and shall be construed as meaning, that Borrower has undertaken to act and is obligated to act only in its capacity as the sole indirect member of Senior Borrower but not directly with respect to Senior Borrower, the Collateral or the Property or in any other manner which would adversely affect Borrower’s existence as a Single Purpose Entity or violate any of the Special Purpose Entity covenants contained herein, in the Senior Loan Documents or other similar covenants contained in Borrower’s organizational documents.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to Wherever a representation, warranty or certificate is based upon the Mortgage Loan Documents or to knowledge of any Individual Borrower, the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references knowledge of each Individual Borrower shall be with respect imputed to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmenteach other Individual Borrower. Terms used herein and not otherwise defined herein (but defined in by cross-reference to the Mortgage Loan Agreement) Agreement or the Mezzanine A Loan Agreement shall have the meaning set forth in the Mortgage Loan Agreement or the Mezzanine A Loan Agreement, as applicable, as of the Closing Date, notwithstanding any subsequent amendment or restatement of or modification to the Mortgage Loan Agreement or the Mezzanine A Loan Agreement, as applicable, to such defined terms unless Lender shall have consented in writing to such amendment, restatement or modification and to the extent the context requires, be effective notwithstanding the termination of the Mortgage Loan Agreement or the Mezzanine A Loan Agreement by paying such loans in full or otherwise. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause and/or Operating Company to” or “Borrower shall not permit Operating Company Lessee to” (or words of similar meaning) shall mean Borrower shall cause Mezzanine A Borrower to cause Mortgage Borrower, Senior Mezzanine Borrower or and/or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not Lessee to so act, as applicableand the words “Borrower shall not permit Mortgage Borrower and/or Operating Lessee to” (or words of similar meaning) shall mean Borrower shall not permit Mezzanine A Borrower to permit Mortgage Borrower and/or Operating Lessee to so act.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect defined and, for the avoidance of doubt, any use of a singular term to cross-references contained herein to define more than one (“Borrower” or “Lender”, for example) shall mean any or all of such term unless the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references context shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmentindicate otherwise. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) or defined by reference to the Mortgage Loan Agreement shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender the Requisite Lenders shall have consented to such amendment. Provisions of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements referred to or incorporated herein by reference shall be such provisions of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements, as applicable, as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements to such provision unless the Requisite Lenders shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 1.3 or Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect defined and, for the avoidance of doubt, any use of a singular term to cross-references contained herein to define more than one (“Borrower” or “Lender”, for example) shall mean any or all of such term unless the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references context shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmentindicate otherwise. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) or defined by reference to the Mortgage Loan Agreement shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender the Requisite Lenders shall have consented to such amendment. Provisions of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements referred to or incorporated herein by reference shall be such provisions of the Mortgage Loan Agreement or Other Mortgage Loan Agreement, as applicable, as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements to such provision unless the Requisite Lenders shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 1.3 or Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation,” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. Any term used and not defined hereto shall have the meaning ascribed to such term in the Mortgage Loan Agreement. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any without limitation terms defined by cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect reference to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections terms and provisions of the Mortgage Loan Documents or the Other Mezzanine Loan Documents that are incorporated by reference), such references shall be binding upon Lender unless Lender shall have expressly agreed in writing refer to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) Documents as in effect on the Closing Date (and any such defined terms shall have the meaning definitions set forth in the Mortgage Loan Documents as of the Closing Date) and no amendments, restatements, replacements, supplements, waivers or other modifications to or of the Mortgage Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement unless Lender expressly agrees in writing that such references or definitions, as appearing, incorporated into or used in this Agreement, have been revised. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents shall be effective notwithstanding the termination of the Mortgage Loan Documents by payment in full of the Mortgage Loan or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall at all times be deemed to incorporate each such term, provision and definition of the applicable other document or instrument as the same is set forth in such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Agreement to such defined terms Closing Date, unless Lender shall expressly agrees that such term, provision or definition as appearing, incorporated into, or used in this Agreement have consented to such amendmentbeen revised. The words “Borrower shall cause” or “Borrower shall not permit” (or words of similar meaning) shall mean “Borrower shall cause Mortgage Borrower to”, ” or “Borrower shall not permit Mortgage Borrower to”, as the case may be, to so act or not to so act, as applicable. The words “Borrower Op Co Pledgor shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company tocause” or “Borrower Op Co Pledgor shall not permit Operating Company topermit” (or words of similar meaning) shall mean Borrower “Op Co Pledgor shall cause Mortgage Borrower, Senior Mezzanine Borrower Operating Lessee to” or “Op Co Pledgor shall not permit Operating Company (subject to the provisions of Section 5.3)Lessee to”, as applicablethe case may be, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to terms defined by cross-references contained herein reference to the Mortgage Loan Documents or to Documents, the Other Mezzanine B Loan Documents (including with respect to any cross-references to defined terms therein)Documents, unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Mezzanine C Loan Documents or the Other Mezzanine Loan A Documents, as applicable, such defined terms shall have the definitions set forth in the Mortgage Loan Documents, the Mezzanine B Loan Documents, the Mezzanine C Loan Documents or the Mezzanine A Loan Documents, as the case may beapplicable, in existence each case as of the date hereof, and no modification or amendment modifications to such cross-referenced sections of the Mortgage Loan Documents, the Mezzanine B Loan Documents, the Mezzanine C Loan Documents or the Other Mezzanine A Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3)Documents, as applicable, shall have the effect of changing such definitions for the purpose of this Agreement unless Lender expressly agrees in writing that such definitions as used in this Agreement have been revised or Lender consents in writing to so act the modification documents. With respect to any provisions or not to so actdefinitions incorporated by reference herein from the Mortgage Loan Documents, the Mezzanine B Loan Documents, the Mezzanine C Loan Documents or the Mezzanine A Loan Documents, as applicable, such provisions or definitions shall be deemed a part of this Agreement notwithstanding the fact that the Mortgage Loan, the Mezzanine B Loan, the Mezzanine C Loan or the Mezzanine A Loan, as applicable, shall no longer be effective for any reason, including, without limitation, after the repayment of the Mortgage Loan, the Mezzanine B Loan, the Mezzanine C Loan or the Mezzanine A Loan, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term “financial statements” shall include the notes and schedules thereto. Unless otherwise specified herein or therein, all terms defined in this Agreement shall have the definitions given them in this Agreement when used in any other Loan Document or in any certificate or other document made or delivered pursuant thereto. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” , herein and “hereunder” hereunder and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect All references to cross-references contained (Second Mezzanine) any Senior Loan Agreement, any Senior Note or any other Senior Loan Document shall mean such Senior Loan Agreement, such Senior Note or such other Senior Loan Document as in effect on the date hereof, as each of the same may hereafter be amended, restated, replaced, supplemented or otherwise modified as permitted by Sections 5.1.22(b) and 5.1.24(b), and to the extent Lender’s consent is required pursuant to Sections 5.1.22(b) and 5.1.24(b), only to the extent that Lender’s consent has been obtained. Capitalized terms that are used but not defined herein shall have the respective meanings assigned to such terms in the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence Agreement as of the date hereof, and no modification or amendment modifications to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) Agreement shall have the effect of changing any such definitions for the purposes of this Agreement unless Lender expressly agrees that such definition as used in this Agreement have been revised to the extent Lender’s consent is required pursuant to Section 5.1.22(b). Capitalized terms used herein that are defined herein by referring to any such term as defined in any Senior Loan Agreement, shall have the respective meaning set forth assigned to such term in the Mortgage such Senior Loan Agreement as of the Closing Datedate hereof, notwithstanding and no modifications to any subsequent amendment of the Mortgage Senior Loan Agreement to shall have the effect of changing any such defined terms definitions for the purposes of this Agreement unless Lender shall expressly agrees that such definition as used in this Agreement have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject been revised to the provisions of extent Lender’s consent is required pursuant to Section 5.35.1.22(b) or 5.1.24(b), as applicable, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect defined and, for the avoidance of doubt, any use of a singular term to cross-references contained herein to define more than one (“Borrower” or “Lender”, for example) shall mean any or all of such term unless the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references context shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmentindicate otherwise. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) or defined by reference to the Mortgage Loan Agreement shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless the Requisite Lenders shall have consented to such amendment. Provisions of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements referred to or incorporated herein by reference shall be such provisions of the Mortgage Loan Agreement or Other Mezzanine Lender Agreements, as applicable, as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements to such provision unless the Requisite Lenders shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 1.3 or Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents Documents, as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents or any Mortgage Loan Document or any Other Mezzanine Loan Document (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents or such Mortgage Loan Document or such Other Mezzanine Loan Document, as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents or any Mortgage Loan Document or any Other Mezzanine Loan Document shall be binding upon Lender or Borrower unless Lender and Borrower shall have expressly agreed in writing to be bound by such modification or amendment. Terms used Notwithstanding anything stated herein and not otherwise defined herein (but defined to the contrary, any provisions in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan this Agreement as of the Closing Date, notwithstanding any subsequent amendment cross-referencing provisions of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentbe effective notwithstanding the termination of the Mortgage Loan Agreement by payment in full of the Mortgage Loan or otherwise. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect Borrower and Lender hereby acknowledge and agree that, as to cross-references any clauses or provisions contained herein in this Agreement or any of the other Loan Documents to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents effect that (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreementi) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” to act or “Borrower shall not permit Operating Company to” to refrain from acting in any manner, (or words of similar meaningii) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act occur or not to so actoccur, or otherwise be obligated in any manner with respect to, any matters pertaining to Operating Company or the Operating Lease, or (iii) other phrases of similar effect, such clause or provision, in each case, is intended to mean, and shall be construed as meaning, that Borrower has undertaken to enforce Operating Company’s obligations under the Operating Lease. Lender acknowledges and agrees that certain of the “Property” set forth in the Granting Clause of the Mortgage is owned by Borrower and certain of the “Property” set forth in the Granting Clause of the Mortgage is owned by Operating Company. Any representation, warranty or covenant or other provision contained in the Loan Documents concerning ownership of any such “Property”, title thereto or the Liens and securities interests granted therein, shall mean, as applicablethe context may require, the “Property” that is owned by Borrower and the “Property” that is owned by Operating Company, and the Liens created by the Mortgage in the “Property” owned by Borrower and the Liens created by the Mortgage in the “Property” owned by Operating Company.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to terms defined by cross-references contained herein reference to the Mortgage Loan Documents or to Documents, the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage B Loan Documents or the Other Mezzanine Loan A Documents, as applicable, such defined terms shall have the definitions set forth in the Mortgage Loan Documents, the Mezzanine B Loan Documents or the Mezzanine A Loan Documents, as the case may beapplicable, in existence each case as of the date hereof, and no modification or amendment modifications to such cross-referenced sections of the Mortgage Loan Documents, the Mezzanine B Loan Documents or the Other Mezzanine A Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3)Documents, as applicable, shall have the effect of changing such definitions for the purpose of this Agreement unless Lender expressly agrees in writing that such definitions as used in this Agreement have been revised or Lender consents in writing to so act the modification documents. With respect to any provisions or not to so actdefinitions incorporated by reference herein from the Mortgage Loan Documents, the Mezzanine B Loan Documents or the Mezzanine A Loan Documents, as applicable, such provisions or definitions shall be deemed a part of this Agreement notwithstanding the fact that the Mortgage Loan, the Mezzanine B Loan or the Mezzanine A Loan, as applicable, shall no longer be effective for any reason, including, without limitation, after the repayment of the Mortgage Loan, the Mezzanine B Loan or the Mezzanine A Loan, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined Capitalized terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and but not otherwise defined herein (but defined in the Mortgage Loan Agreement) this Agreement shall have the meaning set forth therefor in the Mortgage Loan Agreement. With respect to references to the Mortgage Loan Documents (including without limitation terms defined by cross-reference to the Mortgage Loan Documents), such references shall refer to the Mortgage Loan Documents as in effect on the Closing Date (and any such defined terms shall have the definitions set forth in the Mortgage Loan Documents as of the Closing Date) and no amendments, restatements, replacements, supplements, waivers or other modifications to or of the Mortgage Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement except, in each case, to the extent Lender approves such amendment, restatement, replacement, supplement, waiver or other modification. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents shall be effective notwithstanding the termination of the Mortgage Loan Documents by payment in full of the Mortgage Loan. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall at all times be deemed to incorporate each such term, provision and definition of the applicable other document or instrument as the same is set forth in such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Closing Date, to the extent approval of same is required by the Lender and except, in each case in which Lender’s approval is required, to the extent Lender approves such amendment, restatement, replacement, supplement, waiver or other modification occurring after the Closing Date. Borrower and Lender hereby acknowledge and agree that, as to any clauses or provisions contained in this Agreement or any of the other Loan Documents to the effect that Borrower (a) represents or warrants on behalf of, or covenants on behalf of, Mortgage Loan Agreement Borrower or an Affiliate thereof, (b) shall cause Mortgage Borrower or an Affiliate thereof to act or refrain from acting, to comply with, to permit, to perform, to pay, to furnish, to cure, to remove, to observe, to deliver, to suffer, to initiate, to provide, to make available, to furnish in any manner, or (c) shall cause to occur or not to occur, or otherwise be obligated in any manner with respect to, any matters pertaining to Mortgage Borrower or an Affiliate thereof, such defined terms unless Lender clause or provision is intended to mean, and shall have consented to such amendment. The words “be construed as meaning, by operation of Mortgage Borrower’s organizational documents, (i) that, in the context of clauses (a)-(c) above, Borrower shall cause Mortgage Borrower to”, or such Affiliate to take such action (and in all cases throughout the Loan Documents the words “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company toshall” or “Borrower shall not permit Operating Company tonot” (or words of similar meaning) shall mean means “Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower (or Operating Company the applicable Affiliate)” or “Borrower shall not permit Mortgage Borrower (subject to or the provisions of Section 5.3applicable Affiliate), as applicable, ” to so act or not to so act, as applicable, as the context may require (and any instance in the Loan Documents where such words already appear shall not be deemed or construed to mean that any other instance where such words do not appear were not intended to be interpreted as provided above), and (ii) that Borrower is obligated only in Borrower’s capacity with respect to Mortgage Borrower or such Affiliate thereof, and not directly with respect to Mortgage Borrower or such Affiliate thereof in any other manner which would cause Borrower to fail to satisfy the definition of Special Purpose Entity, any other similar covenants contained in Borrower’s or Mortgage Borrower’s organizational documents, or any other similar covenants contained in any Loan Documents. Equity Owner and Lender hereby acknowledge and agree that, as to any clauses or provisions contained in this Agreement or any of the other Loan Documents to the effect that Equity Owner (a) represents or warrants on behalf of, or covenants on behalf of, Operating Lessee Pledgor or Operating Lessee, (b) shall cause Operating Lessee Pledgor or Operating Lessee to act or refrain from acting, to comply with, to permit, to perform, to pay, to furnish, to cure, to remove, to observe, to deliver, to suffer, to initiate, to provide, to make available, to furnish in any manner, or (c) shall cause to occur or not to occur, or otherwise be obligated in any manner with respect to, any matters pertaining to Operating Lessee Pledgor or Operating Lessee, such clause or provision is intended to mean, and shall be construed as meaning, by operation of Operating Lessee Pledgor’s and Operating Lessee’s organizational documents, (i) that, in the context of clauses (a)-(c) above, Equity Owner shall cause Operating Lessee Pledgor or shall cause Operating Lessee Pledgor to cause Operating Lessee (as applicable) to take such action (and in all cases throughout the Loan Documents the words “Equity Owner shall” or “Equity Owner shall not” (or words of similar meaning) means “Equity Owner shall cause Operating Lessee Pledgor or Operating Lessee (as applicable)” or “Equity Owner shall not permit Operating Lessee Pledgor or Operating Lessee (as applicable)” to so act or not to so act, as applicable, as the context may require (and any instance in the Loan Documents where such words already appear shall not be deemed or construed to mean that any other instance where such words do not appear were not intended to be interpreted as provided above), and (ii) that Equity Owner is obligated only in Equity Owner’s capacity with respect to Operating Lessee Pledgor and Operating Lessee, and not directly with respect to Operating Lessee Pledgor and Operating Lessee in any other manner which would cause Equity Owner to fail to satisfy the definition of Special Purpose Entity, any other similar covenants contained in Equity Owner’s, Operating Lessee Pledgor’s and Operating Lessee’s organizational documents, or any other similar covenants contained in any Loan Documents.

Principles of Construction. (a) All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “include” and “including” shall mean “include, without limitation” and “including, without limitation” ”, respectively, unless the context shall indicate indicates otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. The words “Borrower shall cause Individual Property Owner to”, “Borrower shall cause Mortgage Loan Borrower to”, “Borrower shall cause Mortgage Loan Borrower or Maryland Owner to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Individual Property Owner to”, “Borrower shall not permit Mortgage Loan Borrower to”, “Borrower shall not permit Mortgage Loan Borrower or Maryland Owner to”, “Borrower shall not permit Senior Mezzanine Borrower to” (or words of similar import) shall mean Borrower shall cause Individual Property Owner, Mortgage Loan Borrower, Maryland Owner or Senior Mezzanine Borrower to so act or not to so act (including, as applicable, through one or more Subsidiaries). With respect to cross-references contained herein or in any other Loan Document to the Mortgage Loan Documents or to the Other any Senior Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other such Senior Mezzanine Loan Documents Documents, as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The words “Borrower shall cause Mortgage Borrower” and words of similar import when used in this Agreement shall mean “Borrower shall cause Senior Mezzanine Borrower to cause Mortgage Borrower.” Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to Wherever a representation, warranty or certificate is based upon the Mortgage Loan Documents or to knowledge of any Individual Borrower, the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references knowledge of each Individual Borrower shall be with respect imputed to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmenteach other Individual Borrower. Terms used herein and not otherwise defined herein (but defined in by cross-reference to the Mortgage Loan Agreement) Agreement or the Other Mezzanine Loan Agreement shall have the meaning set forth in the Mortgage Loan Agreement or Other Mezzanine Loan Agreement, as applicable, as of the Closing Date, notwithstanding any subsequent amendment or restatement of or modification to the Mortgage Loan Agreement or the Other Mezzanine Loan Agreement, as applicable, to such defined terms unless Lender shall have consented in writing to such amendment, restatement or modification. The words With respect to the obligation of Borrower to cause another entity to perform its obligations the terms “Borrower shall cause Mortgage Borrower to”cause, “Borrower shall not permit Mortgage Borrower to”, “Borrower cause or shall cause Senior Mezzanine Borrower to”, “Borrower permit” shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject apply to an obligation only to the provisions extent of Section 5.3)Borrower’s capacity, as applicable, power and authority to do so act under its organizational documents or not to so act, as applicablethe organizational documents of such entity.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement or any other Loan Document shall refer to this Agreement or such other Loan Document as a whole and not to any particular provision of hereof or thereof. When used in this AgreementAgreement or any other Loan Document, the word “including” shall mean “including but not limited to”. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-All references contained herein to the Mortgage Borrower’s use of proceeds of the Second Mezzanine Loan Documents or shall be deemed to constitute a capital contribution from Second Mezzanine Borrower to Borrower and shall be recorded accordingly in the books and records of Borrower and Second Mezzanine Borrower. Notwithstanding anything to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided contrary herein, such cross-references shall be nothing in this Agreement creates an obligation of Borrower with respect to the Mortgage Loan Documents or any of the Other Mezzanine Loan Documents (other than the Loan Documents), and Borrower has no obligation to comply with and shall not otherwise be liable under the Mortgage Loan Documents or any of the Mezzanine Loan Documents (other than the Loan Documents). All references to the Mortgage Loan Agreement or any other Mortgage Loan Document shall mean the Mortgage Loan Agreement or such other Mortgage Loan Document as in effect on the case date hereof, as each of the same may behereafter be amended, restated, replaced, supplemented or otherwise modified, but only to the extent that Lender has consented to the foregoing pursuant to Section 11.4 of this Agreement. With respect to terms defined by cross-reference to the Mortgage Loan Documents, such defined terms shall have the definitions set forth in existence the Mortgage Loan Documents as of the date hereof, and no modification or amendment modifications to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in effect of changing such definitions for the Mortgage Loan purposes of this Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall expressly agrees that such definitions as used in this Agreement have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicablebeen revised.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation,” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or (including without limitation terms defined by cross-reference to the Other Mezzanine Mortgage Loan Documents (including with respect to any cross-references to defined terms thereinDocuments), unless otherwise specifically provided herein, such cross-references shall be with respect refer to the Mortgage Loan Documents or as in effect on the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, Closing Date (and no modification or amendment to any such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) terms shall have the meaning definitions set forth in the Mortgage Loan Documents as of the Closing Date) and no amendments, restatements, replacements, supplements, waivers or other modifications to or of the Mortgage Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents shall be effective notwithstanding the termination of the Mortgage Loan Documents by payment in full of the Mortgage Loan or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall at all times be deemed to incorporate each such term, provision and definition of the applicable other document or instrument as the same is set forth in such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentClosing Date. The words “Borrower shall cause Mortgage Borrower toshall”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company tocause” or “Borrower shall not permit Operating Company topermit” (or words of similar meaning) shall mean “Borrower shall and shall cause Mortgage Borrower, Senior Mezzanine Borrower to” or Operating Company (subject “Borrower shall not permit and shall not allow Mortgage Borrower to the provisions of Section 5.3)permit”, as applicablethe case may be, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement or the Mezzanine A Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement or the Mezzanine A Loan Agreement, as the case may be, as of the Closing Datedate hereof, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. Any cross-references to the Mortgage Loan Documents or the Mezzanine A Loan Documents shall have the meanings set forth in the Mortgage Loan Documents or the Mezzanine A Loan Documents, as the case may be, as of the date hereof, notwithstanding any subsequent amendment of the Mortgage Loan Agreement or the Mezzanine A Loan Documents, as the case may be, to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, ” or “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mezzanine A Borrower to cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable.

Principles of Construction. (a) All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses Any reference in this Agreement or in any other Loan Document to any Loan Document shall be deemed to include references to such documents as the same may hereafter be amended, modified, supplemented, extended, replaced and/or restated from time to time (and, in the case of the word “including” shall mean “includingany note or other instrument, without limitation” unless the context shall indicate otherwiseto any instrument issued in substitution therefor). Unless otherwise specified, the words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained (b) When any sections or provisions of the Senior Loan Agreement are incorporated herein by reference, the following terms shall be modified as follows, “Agreement” shall mean this Agreement; “Applicable Spread” shall mean the Applicable Spread defined in this Agreement, “Obligations” shall mean the Obligations defined in this Agreement; “Debt” shall mean the Debt defined in this Agreement; “Loan” shall mean the Loan defined in this Agreement; “Loan Documents” shall mean the Loan Documents defined in this Agreement; “Note” shall mean the Note defined in this Agreement; “Mortgage” shall mean the Mortgage as defined in this Agreement; “Supplemental Loan” shall mean the “Loan” as defined in this Agreement; and to the Mortgage Loan Documents or to extent any other definition used therein references the Other Mezzanine Loan Documents (including Senior Loan, for the purposes of this Agreement each shall reference the Loan. In addition, with respect to any cross-references to defined terms therein), unless otherwise specifically provided hereinprovisions or definitions incorporated by reference herein from the Senior Loan Documents, such cross-references provisions or definitions shall be with respect to deemed a part of this Agreement notwithstanding the Mortgage fact that the Senior Loan Documents or shall no longer be effective for any reason, including, without limitation, after the Other Mezzanine Loan Documents as the case may be, in existence as repayment of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmentSenior Loan. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentII. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of THE LOAN Section 5.3), as applicable, to so act or not to so act, as applicable.2.1

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect defined and, for the avoidance of doubt, any use of a singular term to cross-references contained herein to define more than one (“Borrower” or “Lender”, for example) shall mean any or all of such term unless the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references context shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmentindicate otherwise. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) or defined by reference to the Mortgage Loan Agreement shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender the Requisite Lenders shall have consented to such amendment. Provisions of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements referred to or incorporated herein by reference shall be such provisions of the Mortgage Loan Agreement or Other Mortgage Loan Agreements, as applicable, as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement or Other Mezzanine Loan Agreements to such provision unless the Requisite Lenders shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 1.3 or Section 5.3), as applicable, to so act or not to so act, as applicable. All uses of the words “term of the Loan” or words of similar import when used in this Agreement shall refer to the “term of the Loan” commencing as of the Original Closing Date.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “"including” " shall mean “"including, without limitation” ," unless the context shall indicate otherwise. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or (including without limitation terms defined by cross-reference to the Other Mezzanine Mortgage Loan Documents (including with respect to any cross-references to defined terms thereinDocuments), unless otherwise specifically provided herein, such cross-references shall be with respect refer to the Mortgage Loan Documents or as in effect on the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, Closing Date (and no modification or amendment to any such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) terms shall have the meaning definitions set forth in the Mortgage Loan Documents as of the Closing Date) and no amendments, restatements, replacements, supplements, waivers or other modifications to or of the Mortgage Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement unless Lender expressly agrees in writing that such references or definitions, as appearing, incorporated into or used in this Agreement, have been revised. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents shall be effective notwithstanding the termination of the Mortgage Loan Documents by payment in full of the Mortgage Loan or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall at all times be deemed to incorporate each such term, provision and definition of the applicable other document or instrument as the same is set forth in such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Agreement to such defined terms Closing Date, unless Lender shall expressly agrees that such term, provision or definition as appearing, incorporated into, or used in this Agreement have consented to such amendmentbeen revised. The words “"Borrower shall cause Mortgage Borrower to”, “cause" or "Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” permit" (or words of similar meaning) shall mean "Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower to" or Operating Company (subject to the provisions of Section 5.3)"Borrower shall not permit Mortgage Borrower to", as applicablethe case may be, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. References herein to “the Property or any portion thereof” and words of similar import shall be deemed to refer, as applicable, to any portion of the Property taken as a whole (including any Individual Property) and any portion of any Individual Property. With respect to cross-references contained herein or in any other Loan Document to the Mortgage Mezzanine Loan Documents or to the Other any Mezzanine Loan Documents Document (including with respect to any cross-references to defined terms therein), ) unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Mezzanine Loan Documents or the Other such Mezzanine Loan Documents Document, as the case may be, in existence as of the date hereof. Notwithstanding anything to the contrary contained herein, and no modification including references to the Mezzanine Loans or amendment to such cross-referenced sections capitalized terms being defined in the Mezzanine Loan Documents: (i) nothing herein creates any obligation of Borrower with respect to any of the Mortgage Mezzanine Loan Documents and Borrower has no obligation to comply with and shall not be liable under any Mezzanine Loan Document; (ii) nothing herein creates any obligation of Mezzanine A Borrower with respect to any of the Loan Documents or the Other Mezzanine B Loan Documents, and Mezzanine A Borrower has no obligation to comply with and shall not be liable under any Loan Document or any Mezzanine B Loan Document; and (iii) nothing herein creates any obligation of Mezzanine B Borrower with respect to any of the Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing or the Mezzanine A Loan Documents, and Mezzanine B Borrower has no obligation to be bound by such modification or amendment. Terms used herein comply with and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior be liable under any Loan Document or any Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicableA Loan Document.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or (including without limitation terms defined by cross-reference to the Other Mortgage Loan Documents) and the Mezzanine A Loan Documents (including with respect to any without limitation terms defined by cross-references reference to defined terms thereinthe Mezzanine A Loan Documents), unless otherwise specifically provided herein, such cross-references shall be with respect refer to the Mortgage Loan Documents or and the Other Mezzanine A Loan Documents, as applicable, as in effect on the Closing Date (and any such defined terms shall have the definitions set forth in the Mortgage Loan Documents and the Mezzanine A Loan Documents, as the case may beapplicable, in existence as of the date hereof, Closing Date) and no modification amendments, restatements, replacements, supplements, waivers or amendment other modifications to such cross-referenced sections or of the Mortgage Loan Documents or the Other Mezzanine A Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents or the Mezzanine A Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in effective notwithstanding the termination of the Mortgage Loan Agreement) Documents or the Mezzanine A Loan Documents by payment in full of the Mortgage Loan or the Mezzanine A Loan, as applicable, or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents or any Mezzanine A Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents and the Mezzanine A Loan Documents, as applicable, by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall have at all times be deemed to incorporate each such term, provision and definition of the meaning applicable other document or instrument as the same is set forth in the Mortgage Loan Agreement such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentClosing Date. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company tocause” or “Borrower shall not permit Operating Company topermit” (or words of similar meaning) shall mean “Borrower shall cause Mezzanine A Borrower to cause Mortgage Borrower, Senior Borrower to” or “Borrower shall not permit Mezzanine A Borrower or Operating Company (subject to the provisions of Section 5.3)permit Mortgage Borrower to”, as applicablethe case may be, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “"including” " shall mean “"including, without limitation” " unless the context shall indicate otherwise. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents or any Mortgage Loan Document or any Other Mezzanine Loan Document (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents or such Mortgage Loan Document or such Other Mezzanine Loan Document, as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents or any Mortgage Loan Document or any Other Mezzanine Loan Document shall be binding upon Lender or Borrower unless Lender and Borrower shall have expressly agreed in writing to be bound by such modification or amendment. Terms used Notwithstanding anything stated herein and not otherwise defined herein (but defined to the contrary, any provisions in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan this Agreement as of the Closing Date, notwithstanding any subsequent amendment cross-referencing provisions of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentbe effective notwithstanding the termination of the Mortgage Loan Agreement by payment in full of the Mortgage Loan or otherwise. The words “"Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “," "Borrower shall cause Senior Mezzanine Mortgage Borrower not to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “," "Borrower shall cause Operating Company Maryland Owner to” ," or “"Borrower shall cause Maryland Owner not permit Operating Company to” ," (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, each Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3)cause Mortgage Borrower and/or Maryland Owner, as applicable, so to act or not so to act, as applicable. The words "Borrower shall cause Operator to" or "Borrower shall not permit Operator to" or "Borrower shall cause Master Tenant to" (or words of similar meaning) shall mean Borrower shall cause Senior Mezzanine Borrower to cause Mortgage Borrower and Maryland Owner to cause Master Tenant to cause Operator, as the case may be, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or to the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references shall be with respect to the Mortgage Loan Documents or the Other Mezzanine Loan Documents Documents, as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) shall have the meaning set forth in the Mortgage Loan Agreement as of the Closing Date, notwithstanding any subsequent amendment of the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendment. The words “Borrower shall cause Mortgage Borrower to”, “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to the provisions of Section 5.3), as applicable, to so act or not to so act, as applicable.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The words “Borrower shall cause Mortgage Borrower” and words of similar import when used in this Agreement shall mean “Borrower shall cause Senior Mezzanine Borrower to cause Mortgage Borrower.” Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to Wherever a representation, warranty or certificate is based upon the Mortgage Loan Documents or to knowledge of any Individual Borrower, the Other Mezzanine Loan Documents (including with respect to any cross-references to defined terms therein), unless otherwise specifically provided herein, such cross-references knowledge of each Individual Borrower shall be with respect imputed to the Mortgage Loan Documents or the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, and no modification or amendment to such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendmenteach other Individual Borrower. Terms used herein and not otherwise defined herein (but defined in by cross-reference to the Mortgage Loan Agreement) Agreement or the Other Mezzanine Loan Agreement shall have the meaning set forth in the Mortgage Loan Agreement or Other Mezzanine Loan Agreement, as applicable, as of the Closing Date, notwithstanding any subsequent amendment or restatement of or modification to the Mortgage Loan Agreement or the Other Mezzanine Loan Agreement, as applicable, to such defined terms unless Lender shall have consented in writing to such amendment, restatement or modification. The words With respect to the obligation of Borrower to cause another entity to perform its obligations, the terms “Borrower shall cause Mortgage Borrower to”cause, “Borrower shall not permit Mortgage Borrower to”, “Borrower cause or shall cause Senior Mezzanine Borrower to”, “Borrower permit” shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject apply to an obligation only to the provisions extent of Section 5.3)Borrower’s capacity, as applicable, power and authority to do so act under its organizational documents or not to so act, as applicablethe organizational documents of such entity.

Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. With respect to cross-references contained herein to the Mortgage Loan Documents or (including without limitation terms defined by cross-reference to the Other Mezzanine Mortgage Loan Documents (including with respect to any cross-references to defined terms thereinDocuments), unless otherwise specifically provided herein, such cross-references shall be with respect refer to the Mortgage Loan Documents or as in effect on the Other Mezzanine Loan Documents as the case may be, in existence as of the date hereof, Closing Date (and no modification or amendment to any such cross-referenced sections of the Mortgage Loan Documents or the Other Mezzanine Loan Documents shall be binding upon Lender unless Lender shall have expressly agreed in writing to be bound by such modification or amendment. Terms used herein and not otherwise defined herein (but defined in the Mortgage Loan Agreement) terms shall have the meaning definitions set forth in the Mortgage Loan Documents as of the Closing Date) and no amendments, restatements, replacements, supplements, waivers or other modifications to or of the Mortgage Loan Documents shall have the effect of changing such references (including without limitation any such definitions) for the purposes of this Agreement. Notwithstanding anything stated herein to the contrary, any provisions in this Agreement cross-referencing or incorporating by reference provisions of the Mortgage Loan Documents shall be effective notwithstanding the termination of the Mortgage Loan Documents by payment in full of the Mortgage Loan or otherwise. To the extent that any terms, provisions or definitions of any Mortgage Loan Documents that are incorporated herein by reference are incorporated into the Mortgage Loan Documents by reference to any other document or instrument, such terms, provisions or definitions that are incorporated herein by reference shall at all times be deemed to incorporate each such term, provision and definition of the applicable other document or instrument as the same is set forth in such other document or instrument as of the Closing Date, notwithstanding without regard to any subsequent amendment amendments, restatements, replacements, supplements, waivers or other modifications to or of such other document or instrument occurring after the Mortgage Loan Agreement to such defined terms unless Lender shall have consented to such amendmentClosing Date. The words “Borrower shall cause” or “Borrower shall not permit” (or words of similar meaning) shall mean “Borrower shall cause Mortgage Borrower to”, ” or “Borrower shall not permit Mortgage Borrower to”, “Borrower shall cause Senior Mezzanine Borrower to”, “Borrower shall not permit Senior Mezzanine Borrower to”, “Borrower shall cause Operating Company to” or “Borrower shall not permit Operating Company to” (or words of similar meaning) shall mean Borrower shall cause Mortgage Borrower, Senior Mezzanine Borrower or Operating Company (subject to as the provisions of Section 5.3), as applicablecase may be, to so act or not to so act, as applicable.