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<br /> <br />10 <br />Site: MINC CRAIG’S LIST <br />BUN: 830671 <br />4846-5132-9375.5101460\003078 <br />and upon each person having any interest therein derived through any owner thereof. Any sale, <br />mortgage, lease or other conveyance of Grantor’s Property shall be under and subject to this <br />Easement and Grantee’s rights hereunder. <br />30. Construction of Easement. The captions preceding the Sections of this Easement <br />are intended only for convenience of reference and in no way define, limit or describe the scope <br />of this Easement or the intent of any provision hereof. Whenever the singular is used, the same <br />shall include the plural and vice versa and words of any gender shall include the other gender. As <br />used herein, “including” shall mean “including, without limitation.” This document may be <br />executed in multiple counterparts, each of which shall be deemed a fully executed original. <br />31. Non-Interference with Lease Agreement. Grantor and Grantee hereby <br />acknowledge and agree that: (a) the terms of this Easement are not intended to cause the lessor <br />under the Lease Agreement to be in breach thereof, and (b) Grantee’s right to utilize the Easement <br />Area for the Permitted Use is subject to all rights of Lessee as provided in the Lease Agreement <br />while the Lease Agreement remains in full force and effect, including without limitation, Lessee’s <br />rights, if any, to the exclusive use of the Easement Area. In the event the execution of this <br />Easement or the terms hereof shall cause the lessor under the Lease Agreement to be in breach <br />thereof, this Easement shall be automatically amended to the extent necessary to keep the lessor <br />from being in breach of the Lease Agreement. In addition, in the event Grantor’s assignment to <br />Grantee of the lessor’s interest in the Lease Agreement and/or the execution of this Easement <br />would cause the lessor to be in breach of the Lease Agreement or would otherwise be prohibited <br />under the terms of the Lease Agreement, then Grantor and Grantee agree that, at Grantee’s <br />election, any one or more of the following may occur: (1) Grantee will be Grantor’s manager and <br />operator of the Lease Agreement instead of the lessor under the Lease Agreement until such time <br />that such assigning or granting or failing to assign or grant any right, title or interest can be <br />effective without causing the lessor to be in breach of the Lease Agreement; (2) Grantee will <br />receive and will be entitled to all of the revenue that Grantee would have been entitled to as lessor <br />under the Lease Agreement and Grantor will direct, in writing, all payors of amounts due to pay <br />such amounts to Grantee; (3) Grantor will grant Grantee a power of attorney, and will appoint <br />Grantee as its agent and attorney to review, negotiate and execute on behalf of Grantor, in <br />Grantee’s sole discretion, all documents and instruments relating to the Lease Agreement; <br />including but not limited to, amendments to amend any and all terms of the Lease Agreement, <br />amendments to remove any conflicts between the Lease Agreement and this Easement, <br />amendments to extend the length of the term of the Lease Agreement, amendments to terminate <br />the Lease Agreement or otherwise take action or inaction that will result in the Lease Agreement <br />expiring or terminating, and amendments to increase the size of the area subject to the Lease <br />Agreement so long as any such expansion is within the Easement Area; and to otherwise act on <br />behalf of Grantor in dealing with the Lease Agreement until such time that such assigning or <br />granting or failing to assign or grant any right, title or interest can be effective without causing the <br />lessor to be in breach of the Lease Agreement. <br /> <br />[Signature Pages Follow]