121-10 Agreement

hereunder are and shall be subordinate to any and all existing and future mortgages and ground leases on or with respect to the Building or the land on which it is situate, or the Property. The foregoing subordination shall be automatically self-operative without the necessity of any further writing. Notwithstanding anything contained in this Agreement to the contrary, this Agreement creates only a license and Licensee is not granted, and shall not have, any possessory interest, estate or rights in or with respect to the Building, any part thereof, or within the Building or the land on which the Building is situate, and this Agreement shall not constitute an encumbrance on or with respect to the Building, the land on which it is situate or the interests of Owner or any ground lessor therein or with respect thereto. 17. Third Party Beneficiary. Licensee acknowledges that Tenant is an intended third-party beneficiary of this Agreement, and agrees that, as such, Tenant shall have the right to enforce this Agreement. [Continues on the following page; balance of this page intentionally left blank] 16819942.2 7