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(3) any deficiency between the Rent, when due in accordance with this <br /> Lease, for the remainder of the Term and the payments, if any, received by <br /> Landlord from any reletting of the Development or portions thereof. <br /> 9.4 Injunctive Relief. If an uncured Event of Default exists under this Lease, <br /> Landlord shall have the right, in addition to any remedy available to Landlord under Section <br /> 9.2 of this Lease, to institute from time to time an action or actions for injunctive and/or other <br /> equitable relief. <br /> 9.5 Forbearance. If there is a Mortgage on Tenant's interest in this Lease or the <br /> Development Property, Landlord will not terminate this Lease or Tenant's right of possession <br /> of the Development Property pursuant to Section 9.2 of this Lease, if Holder or any purchaser <br /> or transferee of Tenant's interest in this Lease or the Development by reason of foreclosure <br /> or other proceedings or by deed or assignment in lieu of such proceedings (or an assignee of <br /> Holder or such purchaser or transferee) shall, within one hundred eighty(180) days after <br /> acquiring Tenant's interest in this Lease or the Development, cure all defaults susceptible of <br /> being cured by such entity (or, if such cure would reasonably require more than one hundred <br /> eighty(180) days and thereafter promptly, effectively and continuously proceed to cure such <br /> default). Nothing in this Section shall affect Landlord's right to enforce any remedy under <br /> this Lease for an Event of Default except, so long as Holder is in the process of curing such <br /> Event of Default or foreclosing its Mortgage under this Section, the right to terminate this <br /> Lease or Tenant's right of possession of the Development. <br /> 9.6 Costs. Tenant shall indemnify Landlord against all costs and charges <br /> (including reasonable legal fees) lawfully and reasonably incurred in enforcing payment of <br /> Rent, and in obtaining possession of the Development after an Event of Default of Tenant or <br /> upon expiration or earlier termination of this Lease, or in enforcing any covenant, proviso or <br /> agreement of Tenant contained in this Lease. Landlord shall indemnify Tenant against all <br /> costs and charges (including legal fees) lawfully and reasonably incurred in enforcing any <br /> covenant, proviso or agreement of Landlord contained in this Lease. <br /> 9.7 Waiver of Default. No failure or delay by Landlord or Tenant to insist on strict <br /> performance of any term of this Lease or to exercise any right, power, or remedy upon a <br /> breach of this Lease shall constitute a waiver of such term or such breach. <br /> 9.8 Tenant's Liability. Notwithstanding anything to the contrary provided in this <br /> Lease, it is specifically understood and agreed, such agreement being a primary consideration <br /> for the execution of this Lease by Tenant, that (i) there shall be absolutely no personal <br /> liability on the part of Tenant, or its officers, directors, members, employees and agents, to <br /> Landlord with respect to any of the terms, covenants and conditions of this Lease, and <br /> (ii) Landlord shall look solely to recovering possession of the Development Property in the <br /> event of any breach by Tenant of any of the terms, covenants and conditions of this Lease to <br /> be performed by Tenant. <br /> -12- <br />