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9.4 Nnn_WAlvprnfHrPArh Neither the failure of the Lessor or the Lessee to insist upon strict performance of any of the covenants and agreements of this Lease nor the failure by the Lessor or the Lessee to exercise any rights or remedies granted to such Party under the terms of this Lease shall be deemed a waiver or relinquishment (i) of any covenant contained in this Lease or of any of the rights or remedies of the Lessee or the Lessor under this Lease, or (ii) or the right in the future of the Lessor or the Lessee to insist upon and to enforce by any appropriate legal remedy a strict compliance with all of the covenants and conditions of this Lease. 9.5 Attnrni'y~'Fp.p.~ If any action at law or in equity is brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Project or the Land, the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs, reasonable costs of such actions and attorney's fees, the amount of which will be fixed by the court and will be made a part of any judgment or decree rendered. 9.6 Fff""t;v" O"t,,: rOllnt"T"rt. This Lease shall become effective upon the commencement of the Lease Term. This Lease may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. 9.7 T P.A~P. Rintilng nn ~nrrp.lO:lO:nr~ This Lease and all of its provisions and attached Exhibits and the Lease Addendum shall inure to the benefit of, and shall be binding upon, the Lessor, the Lessee, and their respective permitted successors and permitted assigns and, as provided in this Lease, the Lenders. 9.8 Rp.1Atlnn~hlr nfPArllPlO: Nothing contained in this Lease shall be deemed or construed by the Parties or by any third party to create the relationship of principal or agent or of partnership, joint venture or association or of buyer and seller between the Lessor and the Lessee, it being expressly understood and agreed that neither the computation of any payments and other charges under the terms of this Lease nor any other provisions contained in this Lease, nor any act or acts of the Parties, shall be deemed to create any relationship between the Lessor and the Lessee other than the relationship oflandlord and tenant. 9.9 No M"tg"r There shall be no merger of this Lease or any interest in this Lease nor of the leasehold estate created by this Lease, with the fee estate in the Land, by reason of the fact that this Lease or 144\ 105\153233.23 28