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~ entry tkereof or the expirataon af any longer period during which execution of such judgment shall have been
stayed the same shall n4t be discharged, or its discharge duly provided for.
(h) If Operator or anyone else sha}1 at any timc challenge or dispute tht existence, effe~ti~eness. or priority c~f,
or institute any proceedings to foreclQSe, extinguish, subordinate or otherwise af~eci any stcurit,y interest, mortgage,
lien t?r encumbrance securing the payrnent of all or any portioa of the Subject indebtedness.
(i) Operator's failure to ~nly keep, observe and perform any and all of the terms, covenants, conditions and
' agreements required to be performed by Operator and contained in this Agreement or any amendment or extension
thereof.
7. Remedies Not Exeloisive. No remedy herein conferred updn AMF is intended to be exclusive of any
other rtmedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in eqaity or by statute or o4herwise.
8. Swbject Indebtedness and Security Not A$ected. The obligation of the Operator under and pursuant to
the terms of the Subject Indebtedness and the security interests, mortgages, liens and encumbrances given or
create~ to secure the payment thereof shall not be in any way impaired, madified, diminished or otherwise af~ected
by reason of
(a) The execution and delivery of this Agreement.
(b) The execution and delivery ~f the Lease Amendrnent.
(c) Any amendment or modification of or addition or supplement to this Agreement, or the Lease.
(d) Any exercise or nonexercise by AMF of any right, power or remedy under or in respect of the Subject
Indebtedness ar the Lease or any waiver of any such right, power or remedy, or
(e) Any limitation of the Operator's liability under the Subject Indebtedness which rr~ay now or hereafter be
imposed by any statute, regulation or rule of law, os any invalidity or unenforceability thereof, in whole or in part,
for any othcr reason, whether or not Operator shall havt had notice or knowledge of the foregoing.
Nothing contained in this Agreement is intended or shall be construed to timit, restrict, impair, modifv,
diminish or otherwise adversely affect in any way whatsoever, the continuing existence of and the right of AMF to
assert and enforce ~t any and all times all security interests, mortgages, liens and encumbrances held or possessed
by AMF or its assignors, or the priority existing at the date hereof of such security interests, mortgages, liens and
encumbrances over other claims against or obligations of Operator, secured or uns~cured and whether now
existing or arising in the future. Whenever AMF determines that the efEectiveness or priority of such security
interests, mortgages, liens or encumbrances are being t~ireatened or jeopardized, it may, without in~urring any
Iiability under this Agreement, take ali such action, whether or not inconsistent ~vith or contrary to the pro~•isions
of paragraph 1 hereof, as it may frocn time to time deem appropriatt or desirable to preserve and protect the
effectiveness and priority thercof.
9. Assigr?ahility. Except un~ier the circumstances described in paragraph 5(a j(viii) hereof, this Agreement
is not assignabie by Operator, but shall be binding upon AMF, its successors and assigns.
10. ~'~'otices. All notices and other c~mmunications hereunder shall be in writing and shall be mailed by
first-class mail, postage prepaid, addresse~ to the parties at their addresses shown at the head of this Agreement.
11. Mucellaneous.
(a) Neither this Agreement nor any term hereof may t~e chan~ed, waived, discfiarged or terminated oraily,
but on~y by an instrument in writing signed by the party against which tnforcement of the change, waiver, discharge
vr Gtrrn~nation is sought.
'.i,~) This Agreement may be executed in several counterparts, each of which shall be an original, but all of
~jch ~•~all constitute one and the same instrument.
.IN V'~?,~.T'NESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and
. year fira!'~ove written.
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1~ (or sccretary if operator is a corporation) Title g, Walkor~ Prsddsnt
X..1Cozel~.t~h, 3rareta.r~r
Attest: AMERYCAN MACI-iINE & FOUNDRY COMPANY
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, . ~~?ry - Vice President
. J. H. 1Ktit11er J. . Dono~an
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