BLP PARTNERSHIP GROUND LEASE - Laserfiche WebLink

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. Section 9.6 Effective Date; Counterparts 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. Section 9.7 Lease Binding on Successors 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. Section 9.8 Relationship of Parties 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 of landlord and tenant. Section 9.9 No Merger 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 such interest in the Lease, or such leasehold estate may be directly or indirectly held by or for the account of any person who shall hold the fee estate in the Land, or any interest in such fee estate, nor shall there be such a merger by reason of the fact that all or any part of the leasehold estate created by this Lease may be conveyed or mortgaged in a leasehold mortgage to a leasehold mortgagee who shall hold the fee estate in the Land or any interest of the Lessor under this Lease. Section 9.10 Gender and Number Words of any gender used in this Lease shall be held to include any other gender, and any words in the singular number shall be held to include the plural (and vice versa), when the sense requires. Section 9.11 Titles The titles and article or paragraph headings are inserted only for convenience, and are in no way to be construed as a part of this Lease or as a limitation on the scope of the particular • provisions to which they refer. 144 \105 \153233.25 28