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~ ~ under this provision on Waste Management's failure or refusal to do so shall not constitute a waiver of any right or remedy of Waste Management's default, and Waste Management shall except in the case of City's negligence or willful misconduct promptly reimburse, defend, and indemnify City against all liability, loss, costs and expense arising from such efforts. Nothing in this Section defining the duty of maintenance shall be construed as limiting any right given elsewhere in this Lease to alter, modify, demolish, remove or replace any improvement. 7. OWNERSHIP OF IMPROVEMENTS 7.2 Waste Management's Right to Improvements During Term. All improvements constructed on the Premises by Waste Management or its Permitted Transferees, as permitted by this Lease, shall be owned by Waste Management or its Successor-in-Interest until expiration of the term, or any extension thereof, or sooner termination of this Lease. Waste Management shall not, however, remove any improvements from the Premises nor waste, destroy or modify any improvements on the Premises, except as permitted by this Lease, The parties covenant for themselves and all persons claiming under them that the improvements are real property. 7.3 City's Right to Improvements Upon Termination of Lease, All improvements on the Premises at the expiration of the term, or any extension thereof, or sooner termination of this Lease shall, without compensation to Waste Management, then become City's property free and clear of all claims to or against them by Waste Management or any third person. 8. FINANCING, ASSIGNMENT, SUBLETTING 8,1 Encumbrance of Leasehold. This Section 8 shall apply during the Lease term as such may be extended in accordance with this Lease, 8.1.1 Right to Encumber. Waste Management shall have the conditional right, at any time and from time to time during the Lease Term, to encumber the leasehold estate created by this Lease by Leasehold Deed of Trust, the proceeds of which must be applied to financing the construction and/or operation of the Premises. 8,1.2 Notice to Beneficiary. If Waste Management shall have granted any Leasehold Deed of Trust and if the beneficiary under such a Leasehold Deed of Trust ("Beneficiary")shall have given to City a notice ("Beneficiary's Notice") specifying the name and address of the Beneficiary, City shall give to the Beneficiary a copy of any and all notices from time to time given to Waste Management by City (including, without limitation, any notice of default) at the same time as and whenever any such notice shall thereafter be given by City to Waste Management, addressed to such Beneficiary at the address last furnished to City. No such notice of any kind by City shall be deemed to have been given to Waste Management unless and until a copy thereof shall have been so given to the Beneficiary. 8.1.3. Beneficiary's Right to Cure Default. In the case of any notice of default given by City to Waste Management, the Beneficiary shall thereupon have the same concurrent grace periods as are given Waste Management for remedying a default or causing it to be remedied, plus, in each 622009-1