Common use of LANDLORD'S LIABILITY Clause in Contracts

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided in Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this lease, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default or breach by Landlord under with respect to any of the terms of the Lease to be observed and performed by Landlord (a) Tenant shall look solely to the estate and property (which is the subject of this Agreementlease) of Landlord or any successor in interest in the property and the Building, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any successor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies;(c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partner’s, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.

LANDLORD'S LIABILITY. If 21. This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiency. In no event shall Tenant have loss or damage to person, property or business, unless due to the right to levy execution against any property negligence of Landlord other than nor shall Landlord be liable for any latent defect in the premises or the building. Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its rightdesignees as additional insureds. Evidence of the policies, title and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant agrees to look solely to Landlord's estate and interest in the Shopping Center includingland and building, but not limited toor the lease of the building or of the land and building, and the rentsdemised premises, proceeds and profits derived therefrom. Upon for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default liability by Landlord, and no other property or assets of Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to levy, execution or other enforcement procedure for the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this Agreement. Notwithstanding anything contained in this Agreement to lease, the contraryrelationship of landlord and tenant hereunder, in no event shall Landlord or Tenant's use and occupancy of the demised premises or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed liability of Landlord to Tenant (and their respective successors and assigns) ever be liable pursuant to this Agreement except for lost profits or consequential, speculative or punitive damagesnegligence).

LANDLORD'S LIABILITY. Tenant agrees from time to time to look only to Landlord’s interest in the Property (including, without limitation, uncollected rent, property insurance, condemnation and sale proceeds prior to distribution thereof, but subject to the rights of any Mortgagee and to Landlord’s right to use any insurance and condemnation proceeds for the purposes of repairing and restoring the Building and the Property) for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults from time to time transfers its interest in the Building (or part thereof which includes the Premises), then from and after each such transfer, so long as such transferee shall have assumed all of Landlord’s obligations as under this Agreement and if, as a consequence of such defaultLease, Tenant shall recover a money judgment against look solely to the interests in the Building of each of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest performance of all of the obligations of Landlord in the Shopping Center includinghereunder (or under any related instrument). The obligations of Landlord shall not be binding on any direct or indirect partners (or members, trustees or beneficiaries) of Landlord or of any successor, individually, but not limited toonly upon Landlord’s or such successor’s interest described above. If Landlord shall refuse or fail to provide any consent or approval for any matter for which Landlord’s consent or approval is required under this Lease or is otherwise requested by Tenant, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for damages as a result thereof, and Tenant’s sole remedy to enforce any deficiency. In no event shall Tenant have the right to levy execution against any property alleged obligation of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any to provide such uncured default by Landlord, Tenant may exercise any of its rights provided at law consent or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder approval shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contraryan action for specific performance, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlordinjunction, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesdeclaratory relief.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against look only to Landlord, such judgment shall be satisfied against the right, title and interest of Landlord ’s estate in the Shopping Center including, but not limited to, Property (or the rents, proceeds and profits derived therefrom as thereof) for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property satisfaction of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited with respect to the extent this Agreement otherwise expressly limits Tenant’s rights any liability, default or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations obligation of Landlord under this Agreement (Lease or otherwise regarding Tenant’s leasing, use and occupancy of the Premises pursuant hereto, including without limitation for the collection of any actual monetary obligation, judgment or alleged breach or default other judicial process requiring the payment of money by Landlord) do not constitute personal obligations . Neither Landlord nor any of the individual partnersits members, directorsstockholders, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiariestrustees, joint venturersbeneficiaries or employees shall be personally liable hereunder, membersnor shall any of its or their property, stockholdersother than the Property, be subject to levy, execution or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever enforcement procedure for the satisfaction of Tenant’s said remedies. Landlord shall not under any circumstances be liable pursuant to this Agreement for any special, indirect or consequential damages of Tenant, including lost profits or consequentialrevenues. No owner of the Property shall be liable under this Lease except for breaches of Landlord’s obligations occurring while such party owns the Property. None of Tenant’s stockholders, speculative officers, directors, partners, trustees, beneficiaries or punitive employees shall be personally liable hereunder, nor shall any of their respective property be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant’s remedies. Except with respect to holdover as provided in this Lease or with respect to matters arising out of Tenant’s failure to comply with provisions of, or Claims under, Sections 6.7 and 7.6, Tenant shall not under any circumstances be liable for any special, indirect or consequential damages of Landlord. The parties acknowledge and agree that any remedy expressly described in this Lease does not constitute special, indirect, or consequential damages.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No partner, employee or agent of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited to personally liable for the extent performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord’s obligations hereunder shall be binding upon Landlord defaults under this Agreement only for the period of time that Landlord is in ownership of the Building, and ifupon termination of that ownership, Tenant, except as a consequence to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of such defaultthe Building for the satisfaction of each and every obligation of Landlord hereunder. Upon request and without charge, Tenant shall recover attorn to any successor to Landlord’s interest in this Lease. Landlord may transfer its interest in the Building without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a money judgment against violation on Landlord’s part of any of the terms of this Lease. Landlord shall have no personal liability under any of the terms, such judgment conditions, or covenants of this Lease. Tenant and Tenant Agents shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center including, but not limited to, Building and/or the rents, rents and/or net proceeds and profits derived actually received therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy, or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

LANDLORD'S LIABILITY. If The term "Landlord," as used in this Lease, shall mean only the owner or owners of the Building at the time in question. In the event of any conveyance of title to the Building, then from and after the date of such conveyance, the transferor Landlord defaults shall be relieved of all liability with respect to Landlord's obligations first arising and to be performed under this Agreement and if, as a consequence Lease after the date of such defaultconveyance. Notwithstanding any other term or provision of this Lease, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest liability of Landlord for Landlord's breach of its obligations under this Lease is limited solely to (a) Landlord's interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then from time to time be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) any Rent prepaid by Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and Landlord, (c) Tenant’s rights and remedies hereunder shall be limited proceeds received by Landlord from Landlord's all risk insurance policy covering the Building following a fire or other casualty to the extent Premises or the Building, if Landlord materially misappropriates such proceeds, and either (i) such proceeds are not used for repair or restoration in accordance with the provisions of Section 12 of this Agreement otherwise expressly limits Tenant’s rights Lease, or remedies. Notwithstanding anything contained (ii) this Lease is not terminated in accordance with the provisions of Section 12 of this Agreement Lease, (d) Awards received by Landlord from Condemnation, if Landlord materially misappropriates such Award, and either (iii) the Award is not used for restoration in accordance with the provisions of Section 13 of this Lease, or (iv) this Lease is not terminated in accordance with the provisions of Section 13 of this Lease, and (e) subject to the contraryprovisions of Sections 4 and 37 and 38 of this Lease, the obligations Tenant's Security Deposit or letter of Landlord under this Agreement (including credit given by Tenant to Landlord; and no personal liability shall at any actual time be asserted or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse enforceable against the individual partners, directors, officers, members or shareholders any other assets of Landlord or against Landlord’s 's partners or any other persons members or entities having any interest in Landlordits or their respective partners, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryshareholders, in no event shall Landlord or any Landlord’s officers, trusteesmembers, directors, partners, beneficiaries, joint venturers, members, stockholders, officers or other principals managers on account of any of Landlord's obligations or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to actions under this Agreement for lost profits or consequential, speculative or punitive damagesLease.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and ifLease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any successor landlord after the sale, conveyance, assignment or transfer by such successor landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, Neither the shareholders, directors or officers of Landlord, if Landlord is a consequence corporation, nor the partners and members comprising Landlord (nor any of the shareholders, directors or officers of such defaultpartners or members), if Landlord is a partnership or limited liability company (collectively, the “Parties”), shall be liable for the performance of Landlord’s obligations under this Lease. Tenant shall recover a money judgment look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord, such judgment ’s obligations under this Lease shall not exceed and shall be satisfied against limited to Landlord’s interest in the right, title Building and interest the Real Property and Tenant shall not look to any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations. Tenant waives, to the Shopping Center includingfull extent permitted by law, any claim for indirect, consequential or punitive damages, including but not limited to, the rentsloss of profits, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for in connection with any deficiency. In no event shall Tenant have the right to levy execution against any property liability of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damageshereunder.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding or the Real Property, but not limited toas the case may be, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to Lease provided the extent offset rights same are specifically provided to Tenant in this Agreement; (b) assumed by such transferee or assignee. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, Real Property and Tenant shall not seek recourse against the individual partners, directors, officers, members look to or shareholders attach any other property or assets of Landlord or against Landlord’s partners the property or any other persons or entities having any interest in Landlord, or assets of any of their personal assets the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for satisfaction of any liability with respect Landlord's failure to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesperform such obligations.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Property and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Property, Tenant agrees to look solely to Landlord’s equity interest in the Property, and the rent, proceeds and other income therefrom for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, trustee, beneficiary, officer, director, member, shareholder, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directorstrustees or shareholders, officersbeneficiaries or members of Landlord, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders any of Landlord or against Landlord’s partners or any other said persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Premises and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease if the transferee assumes Landlord's obligations under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Premises, Tenant agrees to look solely to Landlord's equity interest in the Premises for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided In Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this lease, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default or breach by Landlord under with respect to any of the terms of the Lease to be observed and performed by Landlord (a) Tenant shall look solely to the estate and property (which is the subject of this Agreementlease) of Landlord or any successor in interest in the property (which shall be deemed to include the rental income, the proceeds of any sale by Landlord as well as any insurance or condemnation proceeds), for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any successor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies;(c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partner’s, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon transfer, Landlord shall automatically be released from all further liability under this Lease; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s Security Deposit to Tenant or transfer Tenant’s Security Deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any such uncured default by Landlordlender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant may exercise agrees to look solely to Landlord’s equity interest in the Project for the collection of any judgment requiring the payment of its rights provided at law or in equity; provided, however: money by Landlord arising out of (a) Tenant shall have no right Landlord’s failure to offset or xxxxx rent in the event of any default by Landlord perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreementassets. Notwithstanding anything contained in this Agreement to the contrary, in In no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits or consequential, speculative consequential or punitive damages.

LANDLORD'S LIABILITY. If Landlord defaults shall be liable and assumes the risk for any damage occasioned by reason of the construction of the Premises or for failure to keep the Premises in repair, provided Landlord is obligated to construct same or make such repairs under this Agreement the terms hereof, and if, as a consequence further provided that notice of such default, Tenant shall recover a money judgment against the need for repairs has been given to Landlord, a reasonable time has elapsed and Landlord has failed to make such judgment repairs. Landlord shall also be satisfied against the rightliable for its negligence or willful misconduct in performing any repairs that Landlord undertakes hereunder. Except as hereinabove set forth, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event damage done or occasioned by or from the electrical system, heating or air conditioning system, and plumbing and sewer systems in, upon or about the Premises or the building of which the Premises are a part, nor for damages occasioned by water, snow or ice being upon or coming through the roof, trap door, walls, windows, doors or otherwise, nor for any damage arising from acts of negligence of tenants or other occupants of the building or buildings of which the Premises may be a part, or the acts of any owners or occupants of adjoining or contiguous properties, and in any event, Landlord shall Tenant have not be liable for any damage to Tenants Improvements, Personal Property, or merchandise resulting from fire or other insurable hazards, regardless of the right to levy execution against any property of Landlord cause thereof other than its right, title and interest in as results from the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by gross negligence or willful misconduct of Landlord, Tenant may exercise any of its rights provided at law employees or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersagents, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.Tenaxx,

LANDLORD'S LIABILITY. If Landlord’s obligations hereunder shall be binding upon Landlord defaults under this Agreement only for the period of time that Landlord is in ownership of the Building, and ifupon termination of that ownership, Tenant, except as a consequence to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of such defaultthe Building for the satisfaction of each and every obligation of Landlord hereunder. Upon request and without charge, Tenant shall recover a money judgment against attorn to any successor to Landlord’s interest in this Lease and, at the option of any Mortgagees, to such judgment Mortgagees. Landlord shall be satisfied against have no personal liability under any of the rightterms, title conditions or covenants of this Lease and interest Tenant shall look solely to the equity of Landlord in the Shopping Center including, but not limited to, Building and/or the rents, proceeds and profits derived therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such defaultNotwithstanding any provision hereof to the contrary, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against look solely to the right, title estate and interest property of Landlord in and to the Shopping Center Premises (or the proceeds of insurance) (or the proceeds received by Landlord on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant's use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant's use of the Premises, shall be limited to such estate and property of Landlord (or sale proceeds). No other properties or assets of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant's use of the Premises, and if Tenant shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Tenant shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Landlord an instrument to that effect prepared by Landlord's attorneys. Landlord shall have no liability to Tenant for failure to perform Landlord's obligations hereunder where such failure(s) is due to causes beyond Landlord's control, including, but not limited to, the rentsacts of God, proceeds and profits derived therefrom as the same may then be constituted and encumberedwar, civil commotion, strikes, and Landlord embargoes; nor shall any such failure entitle Tenant to any abatement or reduction in rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Tenant shall not be liable for entitled to any deficiency. In no event shall Tenant have compensation or reduction in rent by reason of inconvenience or loss arising from Landlord's entry onto the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesPremises as authorized hereunder.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and ifLease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, in respect of the period thereafter occurring and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder thereafter to be performed, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers of Landlord, if Landlord is a consequence corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such defaultpartners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall recover a money judgment look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord, such judgment 's obligations under this Lease shall not exceed and shall be satisfied against the right, title and limited to Landlord's interest of Landlord in the Shopping Center including, but not limited to, Building and the Real Property and the rents, proceeds issues and profits derived therefrom as the same may then be constituted thereof actually received by Landlord and encumbered, and Landlord Tenant shall not be liable look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for any deficiencyLandlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. Txxxxx agrees from time to time to look only to Landlord’s interest in the Premises for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults under this Agreement from time to time transfers its interest in the Premises, then from and if, as a consequence of after each such default, transfer Tenant shall recover a money judgment against look solely to the interests in the Premises of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest performance of all of the obligations of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and hereunder (or under any related instrument). The obligations of Landlord shall not be liable for binding on any deficiency. In no event shall Tenant have the right to levy execution against any property direct or indirect partners (or members, trustees, or beneficiaries) of Landlord other than its rightor of any successor, title and interest in the Shopping Center includingindividually, but not limited only upon Landlord’s or such successor’s interest described above. Further, if Landlord is, or one of the parties comprising Landlord is, or the Lease is assigned to, a real estate investment trust (“REIT”), the rents, proceeds parties acknowledge and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, agree that the obligations of Landlord the REIT hereunder and under this Agreement all documents delivered pursuant hereto (including any actual and all documents to which the Lease may be pursuant) or alleged breach which give effect to, or default by Landlord) do not constitute personal obligations amend or supplement, the terms of the individual partnersLease are not personally binding upon any trustee thereof, directors, officers, members any registered or shareholders beneficial holder of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners units (a “Unitholder”) or any other persons annuitant under a plan of which a Unitholder acts as a trustee or entities having any interest in Landlordcarrier, or any officers, employees or agents of their personal assets for the REIT and resort shall not be had to, nor shall recourse or satisfaction be sought from, any of the foregoing or the private property of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to of the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesforegoing.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided in Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this Lease, Tenant may exercise agrees that in the event of any Breach by Landlord with respect to any of its rights provided at law or in equity; provided, however: the terms of the Lease to be observed and performed by Landlord (a) Tenant shall have no right look solely to offset the estate and property (which is the subject of this Lease) of Landlord or xxxxx rent any successor in interest in the event property and the Building, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any default by Landlord under this Agreementsuccessor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies; (c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partners, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.

LANDLORD'S LIABILITY. If The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Landlord defaults are concerned shall be limited to mean and include only a ground lessee if the named Landlord herein is holding the premises under this Agreement and if, a ground lease for so long as a consequence the named Landlord is the holder of such defaultground lease interest or the owner or owners of the fee simple of the Premises; and in the event of transfer or transfers of either the ground leasehold interest to any other person or the transfer of title to the fee premises to any person, the Landlord herein named (and in the case of subsequent transfers or conveyances the then grantor or assignor), shall be automatically freed and relieved from and after the date of such transfer or conveyance or assignment of all liability as respects the performance of any covenant or obligation on the part of the Landlord contained in this Lease thereafter to be performed, it being the intention of the parties that the covenants and obligations to be observed and performed by the Landlord shall be binding upon the Landlord only during and in respect of its period of ownership of either a leasehold interest, or a fee interest as the case may be. Anything in this Lease to the contrary notwithstanding, Tenant shall recover a money judgment against Landlordagrees that Tenant shall, such judgment shall be satisfied against subject to prior rights of any mortgagee of the rightPremises, title look solely to the estate and interest property of Landlord in the Shopping Center including, but not limited to, Premises and any available rents and proceeds therefrom for the rents, proceeds and profits derived therefrom as collection of any judgment (or other judicial process) requiring the same may then be constituted and encumbered, and payment of money by Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default or breach by Landlord under this Agreement, except with respect to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breach; terms, covenants and (c) Tenant’s rights and remedies hereunder shall conditions of this Lease to be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default observed and/or performed by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders and no other assets of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders any principal of Landlord shall be subject to levy, execution or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets procedures for the satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any LandlordTenant’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesremedies.

LANDLORD'S LIABILITY. Tenant agrees to look only to Landlord’s interest in the Land and Building and the proceeds therefrom for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults under this Agreement from time to time transfers its interest in the Land and ifBuilding (or part thereof which includes the Premises), as a consequence of then from and after each such default, transfer Tenant shall recover a money judgment against look solely to the interests in the Land and Building of each of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest satisfaction of any claim relating to non-performance of all of the obligations of Landlord in the Shopping Center includinghereunder (or under any related instrument). The obligations of Landlord shall not be binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any successor, individually, but not limited toonly upon Landlord’s or such successor’s interest described above. Except for the negligence or willful misconduct of Landlord or any of the Indemnitees (as such term is defined in Section 5.5.1), the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable to Tenant and Tenant hereby waives all claims against Landlord for any deficiencyinjury or damage to any person or property whatsoever. In no event shall Landlord ever be liable for any indirect or consequential damages. It is expressly agreed by Landlord and Tenant have that business interruption costs and expenses are indirect and consequential damages under the right to levy execution against any terms of this Lease and no other property assets of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to the extent this Agreement otherwise expressly limits Tenant’s rights levy, execution or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets enforcement procedures for satisfaction of any liability with respect to this Agreementjudgment or decree in favor of Tenant. Notwithstanding anything contained to the contrary in this Agreement to the contraryLease, in no event Tenant shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever not be liable pursuant to Landlord under this Agreement Lease for lost profits indirect or consequential, speculative or punitive consequential damages except under Section 5.2 and provided further that the parties acknowledge that damages set forth in Article VII shall be deemed direct damages and shall not be construed to be consequential damages.

LANDLORD'S LIABILITY. If 13.4.1. It is understood and agreed that the obligations, covenants or liabilities of Landlord defaults under contained in this Agreement Lease shall be binding upon Landlord and if, as a consequence Landlord's successors only with respect to breaches occurring during Landlord's and Landlord's successors' respective ownership of such defaultLandlord's interest hereunder. Further, Tenant shall recover a money judgment against specifically agrees to look solely to Landlord, such judgment shall be satisfied against the right, title and 's then equity interest of Landlord in the Shopping Center includingBuilding at the time owned, but not limited toor in which Landlord holds an interest as ground lessee, the rentsfor recovery of any judgment from Landlord; it being specifically agreed that Landlord (original or successor and their respective officers, proceeds and profits derived therefrom as the same may then be constituted and encumbereddirectors, stockholders, partners, managers, members, beneficial owners, trustees, employees, agents, contractors, attorneys, and Landlord mortgagees), shall not never be personally liable for any deficiencysuch judgment, or for the payment of any monetary obligation to Tenant. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest The provision contained in the Shopping Center including, but foregoing sentence is not limited intended to, the rentsand shall not limit, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, right that Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall might otherwise have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of obtain injunctive relief against Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest 's successors in Landlordinterest, or any action not involving the personal liability of their personal Landlord (original or successor) or not involving any claim in monetary damages from Landlord's assets for satisfaction of any liability with respect other than a claim limited to this AgreementLandlord's equity interest aforesaid in the Building. Notwithstanding anything contained in any other provision of this Agreement Lease to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) either party ever be liable pursuant for any indirect, special or consequential damages suffered by the other or the other's Agents from any cause whatsoever; provided, however, that the foregoing limitation on damages shall in no event apply to Tenant's failure to comply with, or breach of, Sections 13.21 and 13.23, in which event Landlord shall have recourse to all rights and remedies available under this Agreement for lost profits Lease, at law or consequential, speculative or punitive equity with no such limitation on damages.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding or the Real Property, but not limited toas the case may be, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Lease. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, Real Property and Tenant shall not seek recourse against the individual partners, directors, officers, members look to or shareholders of Landlord or against Landlord’s partners or attach any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.property or

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided in Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this lease, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default or breach by Landlord under with respect to any of the terms of the Lease to be observed and performed by Landlord (a) Tenant shall look solely to the estate and property (which is the subject of this Agreementlease) of Landlord or any successor in interest in the property (which shall be deemed to include the rental income, the proceeds of any sale by Landlord as well as any insurance or condemnation proceeds), for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any successor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies; (c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partner’s, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.

LANDLORD'S LIABILITY. Tenant is granted no contractual right of termination by this Lease. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against only out of the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then be constituted and encumbered, encumbered and Landlord shall not be liable for any deficiency, it being agreed that Landlord shall never be personally liable for any such judgment. If Landlord is found to be in default hereunder by reason of its failure to give a consent that it is required to give hereunder, Tenant's sole remedy will be an action for specific performance or injunction. The foregoing sentence shall in no event be construed as mandatorily requiring Landlord to give consents under this Lease. In no event shall Landlord be liable to Tenant for consequential or special damages by reason of a failure to perform (or a default) by Landlord hereunder or otherwise. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center includingProperty as hereinbefore expressly provided. Notwithstanding the foregoing, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default unless caused by Landlord's gross negligence or willful misconduct, Landlord shall not be liable to Tenant may exercise for any claims, actions, demands, costs, expenses, damage or liability of any kind (i) arising out of the use, occupancy or enjoyment of the Premises by Tenant or any person therein or holding under Tenant or by or through the acts or omissions of any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directorstheir respective employees, officers, members agents, invitees or shareholders contractors, (ii) caused by or arising out of Landlord fire, explosion, falling sheetrock, gas, electricity, water, rain, snow or Landlord’s partnersdampness, and Tenant shall not seek recourse against or leaks in any part of the individual partnersPremises, directors(iii) caused by or arising out of damage to the roof, officerspipes, members appliances or shareholders of Landlord or against Landlord’s partners plumbing works or any other persons damage to or entities having any interest in Landlordmalfunction of heating, ventilation or air conditioning equipment or (iv) caused by tenants or any persons either in the Premises or elsewhere in the Building (other than Common Areas) or by occupants of their personal assets for satisfaction property adjacent to the Building or Common Areas or by the public or by the construction of any liability with respect to this Agreementprivate, public or quasi-public work. Notwithstanding anything contained in this Agreement to the contrary, in In no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits any loss of or consequential, speculative damage to property of Tenant or punitive damagesof others located in the Premises or the Building by reason of theft or burglary.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord’s equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee, officer, director, member or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord’s obligations hereunder shall be binding upon Landlord defaults under this Agreement only for the period of time that Landlord is in ownership of the Building, and ifupon termination of that ownership, Tenant, except as a consequence to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of such defaultthe Building for the satisfaction of each and every obligation of Landlord hereunder (so long as Landlord’s successor assumes all of Landlord’s obligations hereunder). Upon request and without charge, Tenant shall recover attorn to any successor to Landlord’s interest in this Lease and, at the option of any Mortgagees, to such Mortgagees, so long as such successor entity(ies) agree(s) in writing to assume Landlord’s obligations under this Lease. Landlord may transfer its interest in the Building without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a money judgment against violation on Landlord’s part of any of the terms of this Lease. Landlord shall have no personal liability under any of the terms, such judgment conditions, or covenants of this Lease. Tenant and Tenant Agents shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center includingBuilding, but not limited to, the all rents, proceeds issues and profits derived therefrom, and/or the net proceeds actually received therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy, or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

LANDLORD'S LIABILITY. If i. It is understood and agreed that the obligations, covenants or liabilities of Landlord defaults under contained in this Agreement Lease shall be binding upon Landlord and if, as a consequence Landlord’s successors only with respect to breaches occurring during Landlord’s and Landlord’s successors’ respective ownership of such defaultLandlord’s interest hereunder. Further, Tenant shall recover a money judgment against specifically agrees to look solely to Landlord, such judgment shall be satisfied against the right, title and ’s then equity interest of Landlord in the Shopping Center includingBuilding at the time owned, but not limited toor in which Landlord holds an interest as ground lessee, the rentsfor recovery of any judgment from Landlord; it being specifically agreed that Landlord (original or successor and their respective officers, proceeds and profits derived therefrom as the same may then be constituted and encumbereddirectors, stockholders, partners, managers, members, beneficial owners, trustees, employees, agents, contractors, attorneys, and Landlord mortgagees), shall not never be personally liable for any deficiencysuch judgment, or for the payment of any monetary obligation to Tenant. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest The provision contained in the Shopping Center including, but foregoing sentence is not limited intended to, the rentsand shall not limit, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, right that Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall might otherwise have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of obtain injunctive relief against Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest successors in Landlordinterest, or any action not involving the personal liability of their personal Landlord (original or successor) or not involving any claim in monetary damages from Landlord’s assets for satisfaction of any liability with other than a claim limited to Landlord’s equity interest aforesaid in the Building. Xxxxxxxxxx Xxxxx — Color Kinetics Expansion Space Lease (BWOP2) ii. With respect to this Agreement. Notwithstanding anything contained in this Agreement any services, including, without limitation, electric current or water to the contrarybe furnished by Landlord to Tenant, or obligations to be performed by Landlord hereunder, Landlord shall in no event shall Landlord be liable for failure to furnish or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed perform the same when (and their respective successors and assignsthe date for performance of the same shall be postponed so long as Landlord is) ever be liable pursuant prevented from doing so by a Force Majeure Event or for any cause due to this Agreement for lost profits any act or consequential, speculative neglect of Tenant or punitive damagesTenant’s Agents.

LANDLORD'S LIABILITY. If Landlord defaults under THE DECLARATION OF TRUST OF LANDLORD, DATED ________________, 1999, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (THE "DECLARATION"), IS DULY FILED IN THE OFFICE OF THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "HRES1 PROPERTIES TRUST" REFERS TO THE TRUSTEES UNDER THE DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF LANDLORD SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF, OR CLAIM AGAINST, LANDLORD. ALL PERSONS DEALING WITH LANDLORD, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF LANDLORD, FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Agreement and if, as a consequence Lease against any of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and 's assets other than Landlord's interest of Landlord in the Shopping Center including, but not limited to, Leased Property and in the rents, proceeds issues and profits derived therefrom as the same may then be constituted and encumberedthereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiencysuch liability. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits any indirect or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, members, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee, officer, director, member or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Tenant agrees that Landlord defaults under shall have no personal liability with respect to any of the provisions of this Agreement Lease and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against look solely to the right, title estate and interest property of Landlord in the Shopping Center land and buildings comprising the Property of which the Premises forms a part, Landlord’s interest in rents related to the Building, Landlord’s interest in insurance and condemnation proceeds related to the Building, Landlord’s net interest in sale and refinancing proceeds related to the Building received, and Landlord’s interest in operating and reserve accounts related to the Building for the satisfaction of Tenant’s remedies, including, but not limited towithout limitation, the rents, proceeds and profits derived therefrom as collection of any judgement or the same may then be constituted and encumbered, and Landlord shall not be liable for enforcement of any deficiency. In no event shall Tenant have other judicial process requiring the right to levy execution against any property payment or expenditure of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default money by Landlord, Tenant may exercise any of its rights provided at law or in equity; providedsubject, however: (a) Tenant , to the prior rights of any holder of any Mortgage covering all or part of the Property, and no other assets of Landlord shall have no right be subject to offset levy, execution or xxxxx rent other judicial process for the satisfaction of Tenant’s claim and, in the event of any default by Landlord under this AgreementTenant obtains a judgement against Landlord, except the judgement docket shall be so noted. This Section shall inure to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court benefit of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, successors and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (assigns and their respective successors principals. The name B.X. Xxxx Real Estate Investment Trust (the Trust”) is the designation of the trustees for the time being under a Declaration of Trust dated July 31, 1962, as amended and assignsrestated from time to time, a copy of which, together with all amendments thereto, is filed with the Maryland State Department of Assessments and Taxation, and in accordance with such Declaration of Trust, notice is hereby given (i) ever that all persons dealing with the Trust must look solely to the trust property for the enforcement of any claims against the Trust, (ii) that any agreement, obligation or liability made, entered into or incurred by or on behalf of B.X. Xxxx Real Estate Investment Trust binds only its trust property, and (iii) that no shareholder, trustee, officer or agent of the Trust assumes or shall be liable pursuant held to this Agreement for lost profits or consequential, speculative or punitive damagesany liability therefor.

LANDLORD'S LIABILITY. If Sale of Building. The term "Landlord," as used -------------------------------------- in this Lease, shall mean only the owner or owners of the Real Property at the time in question. Notwithstanding any other provision of this Lease, the liability of Landlord defaults for its obligations under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Lease is limited solely to Landlord, such judgment shall be satisfied against the right, title and 's interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Real Property as the same may then from time to time be constituted and encumbered, and no personal liability shall at any time be asserted or enforceable against any other assets of Landlord or against the constituent shareholders, partners or other owners of Landlord, or the directors, officers, employees and agents of Landlord or such constituent shareholder, partner or other owner, on account of any of Landlord's obligations or actions under this Lease. In addition, in the event of any conveyance of title to the Real Property, then the grantor or transferor shall be relieved of all liability with respect to Landlord's obligations to be performed under this Lease after the date of such conveyance. In no event shall Landlord be deemed to be in default under this Lease unless Landlord fails to perform its obligations under this Lease, Tenant delivers to Landlord written notice specifying the nature of Landlord's alleged default, and Landlord fails to cure such default within thirty (30) days following receipt of such notice (or, if the default cannot reasonably be cured within such period, to commence action within such thirty (30)-day period and proceed diligently thereafter to cure such default). Upon any conveyance of title to the Real Property, the grantee or transferee shall be deemed to have assumed Landlord's obligations to be performed under this Lease from and after the date of such conveyance, subject to the limitations on liability set forth above in this Paragraph 28. If Tenant provides Landlord with any security for Tenant's performance of its obligations hereunder, and Landlord transfers such security to the grantee or transferee of Landlord's interest in the Real Property, Landlord shall be released from any further responsibility or liability for such security. Notwithstanding any other provision of this Lease, but not in limitation of the provisions of Paragraph 14.a. above, Landlord shall not be liable for any deficiencyconsequential damages, or interruption or loss of business, income or profits, or claims of constructive eviction, nor shall Landlord be liable for loss of or damage to artwork, currency, jewelry, bullion, unique or valuable documents, securities or other valuables, or for other property not in the nature of ordinary fixtures, furnishings and equipment used in general administrative and executive office activities and functions. In no event shall Wherever in this Lease Tenant have the (a) releases Landlord from any claim or liability, (b) waives or limits any right of Tenant to levy execution assert any claim against Landlord or to seek recourse against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited agrees to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contraryindemnify Landlord against any matters, the obligations relevant release, waiver, limitation or indemnity shall run in favor of Landlord under this Agreement (including any actual and apply to Landlord, the constituent shareholders, partners or alleged breach or default by other owners of Landlord) do not constitute personal obligations of , and the individual partners, directors, officers, members or shareholders employees and agents of Landlord and each such constituent shareholder, partner or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreementowner. Notwithstanding anything to the contrary contained above in this Agreement to the contraryParagraph 28 or elsewhere in this Lease, in no the event that Landlord's interest in the Real Property, as the same may from time to time be encumbered, shall Landlord be in excess of Ten Million Dollars ($10,000,000.00), then such excess shall not be subject to any claims by Tenant or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, liability to Tenant arising out of or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to in connection with this Agreement for lost profits or consequential, speculative or punitive damagesLease.

LANDLORD'S LIABILITY. If Anything in this Lease to the contrary notwithstanding, covenants, undertakings and agreements herein made on the part of Landlord, are made and intended not for the purpose of binding Landlord defaults personally or the assets of Landlord but are made and intended to bind only Landlord's interest in the Premises and Building, as the same may, from time to time, be encumbered; no personal liability shall at any time be assumed by or asserted or enforceable against Landlord or any member, manager, officer, employee, agent, trustee, beneficiary, or individual partner of Landlord or of any member, manager, officer, employee, agent, trustee, beneficiary, or individual partner of Landlord, or any of their respective heirs, legal representatives, successors and assigns on account of this Lease or on account of any covenant, undertaking or agreement of Landlord in this Lease or any claim made against Landlord under this Agreement Lease; and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against agrees to look solely to the right, title and interest interests of Landlord in the Shopping Center includingPremises and the Building for the enforcement of any claims against Landlord arising hereunder. Any and all personal liability, but not limited toif any, beyond that which may be asserted under this Section 34 is hereby expressly waived and released by Tenant and by all persons claiming by, through, or under Tenant. In addition, in no event shall Landlord be in default of this Lease unless Tenant notifies Landlord of the rents, proceeds and profits derived therefrom as precise nature of the same may then be constituted and encumberedalleged breach by Landlord, and Landlord fails to cure such breach within fifteen (15) days after the date of Landlord's receipt of such notice or refusal of delivery (provided that if the alleged breach is of such a nature that it cannot reasonably be cured within such fifteen (15) day period, then Landlord shall not be liable for any deficiencyin default if Landlord commences a cure within such fifteen (15) day period and diligently thereafter prosecutes such cure to completion). In no event shall Tenant have the any right to levy execution against terminate this Lease by virtue of any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and shall be limited to Landlord's interest in the Building and the Real Property and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. If The liability of the Landlord defaults Parties to Tenant (or any person or entity claiming by, through or under Tenant) under the terms of this Agreement and if, as a consequence Lease or any matter relating to or arising out of such default, Tenant shall recover a money judgment against Landlord, such judgment the occupancy or use of the Premises and/or other areas of the Project shall be satisfied against limited to Tenant’s actual direct, but not consequential, damages therefor and shall be recoverable only from the right, title and interest of Landlord in the Shopping Center includingProject. Tenant agrees to look solely to Landlord’s interest in the Project for the recovery of any judgment against any Landlord Party. No Landlord Party shall be personally liable for any such judgment, but not award or deficiency after execution thereon and Tenant hereby waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. The limitations of liability contained in this Section 24(b) shall apply equally and inure to the benefit of the Landlord Parties, present and future advisors, beneficiaries, participants, representatives and their respective constituent partners, members, shareholders, trustees, heirs, successors and assigns. Under no circumstances shall any present or future general or limited topartner of Landlord (if Landlord is a partnership), member of Landlord (if Landlord is a limited liability company) or trustee or beneficiary (if Landlord or any partner or member of Landlord is a trust) have any liability for the rentsperformance of Landlord’s obligations under this Lease, proceeds nor shall negative capital account of any constituent partner or member in Landlord (or in a constituent member or partner of Landlord) nor any obligation of any constituent member or partner of Landlord (or in any other constituent member or partner of Landlord) to restore a negative capital account or to contribute or loan capital to Landlord (or to any constituent member or partner of Landlord), at any time be deemed to be the property or an asset of Landlord or such other constituent member or partner (and profits derived therefrom as the same may then be constituted and encumberedneither Tenant nor any of its successors or assigns shall have any right to collect, and enforce or proceed against or with respect to any such negative capital account of such a member’s or partner’s obligation to restore or contribute). Notwithstanding any contrary provision herein, no Landlord Party shall not be liable for any deficiencyinjury or damage to, or interference with, Tenant’s business, including loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, or for any form of special or consequential damage, in each case however occurring. In no event The foregoing shall be in addition to, and not in limitation of, any further limitation of liability that might otherwise apply. Notwithstanding the foregoing, none of the provisions of this Section 24(b) shall be deemed to release any insurance carrier that insures Landlord’s liability to Tenant have the right or to levy execution against third parties from any property obligation to make any payment to Tenant pursuant to any such insurance policy, it being agreed that any release of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon for any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided obligation to Tenant in is not intended to and does not release Landlord’s insurance carrier from the obligation of paying such loss on Landlord’s behalf. The provisions of this Agreement; (bSection 24(b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account survive the nature expiration or earlier termination of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesTerm.

LANDLORD'S LIABILITY. If 21. This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiency. In no event shall Tenant have loss or damage to person, property or business, unless due to the right to levy execution against any property negligence of Landlord other than nor shall Landlord be liable for any latent defect in the premises or the building. Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its rightdesignees as additional insureds. Evidence of the policies, title and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be canceled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant agrees to look solely to Landlord's estate and interest in the Shopping Center includingland and building, but not limited toor the lease of the building or of the land and building, and the rentsdemised premises, proceeds and profits derived therefrom. Upon for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event or any liability by Landlord, and no other property or assets of any default by Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect 5 to this Agreementlease, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court relationship of competent jurisdiction under applicable law taking into account the nature Landlord and tenant hereunder, or Tenant's use and occupancy of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners demised premises or any other persons or entities having any interest in Landlord, or any liability of their personal assets Landlord to Tenant (except for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesnegligence).

LANDLORD'S LIABILITY. If Landlord defaults under The term “Landlord,” as used in this Agreement and ifLease, as a consequence shall mean only the owner or owners, at the time in question, of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Building. Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than transfer and assign, in whole or in part, all its right, title rights and interest obligations under this Lease and in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefromProperty. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in In the event of any default by transfer, Landlord under as named in this AgreementLease (and in the case of any subsequent transfers, except then the grantor) shall be relieved from and after the date of such transfer of all liability in respect of Landlord’s obligations thereafter to be performed. Any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has a n interest, shall be delivered to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remediesgrantee. Notwithstanding anything The obligations contained in this Agreement Lease to be performed by Landlord shall, subject to the contraryabove, the be binding on Landlord’s successors and assigns, only during their respective periods of ownership. The obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of Landlord or the individual partners, shareholders, members, managers, directors, officers, members or shareholders of Landlord or and property managers. Tenant shall look solely to Landlord’s partnersthen existing interest in the Property, and Tenant shall to no other assets of Landlord, for satisfaction of any liability in respect of this Lease, and will not seek recourse against the individual partners, shareholders, members, managers, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlordproperty managers, or any of their personal assets for such satisfaction. No other properties or assets of Landlord shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any liability judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with respect to this Agreement. Notwithstanding anything contained in this Agreement to Lease, the contrary, in no event shall relationship of Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholdersand Tenant, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever Tenant’s use of the Premises. Landlord shall under no circumstances be liable pursuant for injury to this Agreement Tenant’s business or for lost profits any loss of income, incidental or consequentialconsequential damages, speculative or profit therefrom or for punitive damages, all of which are expressly waived by Tenant.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencydamage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant’s employees, invitees, licensees, customers or any other person in or about the Premises, the Buildings or the Property, whether such damage or injury is caused by or results from: (a) fire, steam, explosion, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Premises, the Buildings or the Property for which Landlord is not expressly obligated otherwise in this Lease; or (d) other tenants of the Property. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The provisions of this Section 18 shall not, however, exempt Landlord from liability for Landlord’s negligence or willful misconduct. In no event shall Landlord be liable to Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this AgreementLease for special, except to the extent offset rights are specifically provided to Tenant in this Agreement; incidental, treble, punitive or consequential damages. NOTWITHSTANDING ANYTHING IN THIS LEASE OR ANY APPLICABLE LAW TO THE CONTRARY, THE LIABILITY OF LANDLORD HEREUNDER (bINCLUDING ANY SUCCESSOR LANDLORD HEREUNDER) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contraryAND ANY RECOURSE BY TENANT AGAINST LANDLORD SHALL BE LIMITED SOLELY TO THE INTEREST OF LANDLORD IN THE PROPERTY, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partnersAND NEITHER LANDLORD, directorsNOR ANY OF ITS CONSTITUENT MEMBERS, officersNOR ANY OF THEIR RESPECTIVE AFFILIATES, members or shareholders of Landlord or Landlord’s partnersPARTNERS, and Tenant shall not seek recourse against the individual partnersDIRECTORS, directorsOFFICERS, officersEMPLOYEES, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in LandlordAGENTS OR SHAREHOLDERS SHALL HAVE ANY PERSONAL LIABILITY THEREFOR, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryAND TENANT, in no event shall Landlord or any Landlord’s officersFOR ITSELF AND ALL PERSONS CLAIMING BY, trusteesTHROUGH OR UNDER TENANT, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesEXPRESSLY WAIVES AND RELEASES LANDLORD AND SUCH RELATED PERSONS AND ENTITIES FROM ANY AND ALL PERSONAL LIABILITY.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Property and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Property, Tenant agrees to look solely to Landlord's equity interest in the Property for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, trustee, beneficiary, officer, director, member, shareholder, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directorstrustees or shareholders, officersbeneficiaries or members of Landlord, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders any of Landlord or against Landlord’s partners or any other said persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord This Lease shall not be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding or the Real Property, but not limited toas the case may be, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder thereafter accruing, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Lease. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, Real Property and the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, rents and proceeds thereof and Tenant shall not seek recourse against the individual partners, directors, officers, members look to or shareholders attach any other property or assets of Landlord or against Landlord’s partners the property or assets of any of the Parties (other persons or entities having any than their interest in the Building and the Real Property, if any) in seeking either to enforce Landlord, 's obligations under this Lease or any to satisfy a judgment for Landlord's failure to perform such obligations. Except as provided in subsection B of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryArticle 21 hereof, in no event shall Landlord or Tenant (or any Landlord’s of the officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. If 21. This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiency. In no event shall Tenant have loss or damage to person, property or business, unless due to the right to levy execution against any property negligence or willful misconduct of Landlord other than 21A nor shall Landlord be liable for any latent defect in the premises or the building. Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its rightdesignees as additional insureds. Evidence of the policies, title and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant agrees to look solely to Landlord's estate and interest in the Shopping Center includingland and building, but not limited toor the lease of the building or of the land and building, and the rentsdemised premises, proceeds and profits derived therefrom. Upon for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default liability by Landlord, and no other property or assets of Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to levy, execution or other enforcement procedure for the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this Agreement. Notwithstanding anything contained in this Agreement to lease, the contraryrelationship of landlord and tenant hereunder, in no event shall Landlord or Tenant's use and occupancy of the demised premises or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed liability of Landlord to Tenant (and their respective successors and assigns) ever be liable pursuant to this Agreement except for lost profits or consequential, speculative or punitive damagesnegligence).

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and ifLandlord’s officers, as a consequence of such defaultdirectors, Tenant shareholders, members, agents and employees shall recover a money judgment against Landlordnot be liable to Tenant, such judgment shall be satisfied against the rightTenant’s agents, title and interest of Landlord in the Shopping Center employees, shareholders, officers, directors or third parties for any injury to person or damage to property for any reason whatsoever, including, but not limited to, failure to repair, defect in, or failure of, equipment, pipes, wiring, broken glass, backing up of drains, or by gas, water, snow, ice, hail, rain, electricity or oil leaking, escaping or flowing into the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this AgreementDemised Premises, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited due to the extent this Agreement otherwise expressly limits Tenant’s rights negligence or remedieswrongful acts of Landlord, its agents, contractors or employees. Notwithstanding anything contained in this Agreement herein or any rule of law or statute to the contrary, it is expressly understood and agreed that to the obligations extent that Landlord shall at any time have any liability to Tenant under, pursuant to or in connection with this Lease, Tenant, and any officer, director, stockholder, partner, associate, principal, or party claiming through or on behalf of Landlord under this Agreement Tenant shall look solely to the Demised Premises (including and the proceeds therefrom) for the satisfaction of any actual judgment (or alleged breach or default other judicial order) requiring the payment of money by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant they shall not seek recourse to obtain or enforce any personal or money or other judgment against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any officer, member, director, stockholder, partner, associate, employee, agent or principal (disclosed or undisclosed) of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained Landlord, except against Landlord’s interest in this Agreement to the contraryDemised Premises (and the proceeds therefrom), and in no event shall Landlord or such other party have any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, personal liability or monetary or other principals obligation of any kind under or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Lease beyond such interest in the Demised Premises. If Tenant shall at any time claim that Landlord unreasonably withheld its consent to any act to which Landlord has agreed hereunder not to unreasonably withhold its consent, Landlord’s sole obligation or liability to Tenant therefor shall be to consent thereto if Tenant prevails against Landlord in an action for lost profits injunction or consequentialdeclaratory judgment brought in a court of competent jurisdiction, speculative and Tenant hereby waives and relinquishes any and all claims for damages or punitive other money compensation by reason thereof. Notwithstanding the foregoing, any dispute between the parties relating to the withholding or delay of consent by Landlord may be determined, at Tenant’s option, under the Expedited Procedures provisions of the Commercial Arbitration Rules of the American Arbitration Association. In any such proceeding, the arbitrator shall have no right to award monetary damages, provided, however, that in the event that the arbitrator determines that Landlord unreasonably withheld its consent, then Landlord shall reimburse Tenant for Tenant’s reasonable attorney’s fees incurred in connection with such arbitration. If the arbitrator rules in favor of Landlord, then Tenant shall reimburse Landlord for Landlord’s reasonable attorney’s fees incurred in connection with such arbitration.

LANDLORD'S LIABILITY. If 21. This lease and the obligations of Tenant hereunder shall, except as otherwise set forth herein in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiency. In no event shall Tenant have loss or damage to person, property or business, unless due to the right to levy execution against any property negligence or willful misconduct of Landlord other than nor shall Landlord be liable for any latent defect in the premises or the building. Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its rightdesignees as additional insureds. Evidence of the policies, title and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant agrees to look solely to Landlord's estate and interest in the Shopping Center includingland and building, but not limited toor the lease of the building or of the land and building, and the rentsdemised premises, including rentals, refinancing proceeds, condemnation awards and insurance proceeds and profits derived therefrom. Upon for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default liability by Landlord, and no other property or assets of Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to levy, execution or other enforcement procedure for the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this Agreement. Notwithstanding anything contained in this Agreement to lease, the contraryrelationship of landlord and tenant herein hereunder, in no event shall Landlord or Tenant's use and occupancy of the demised premises or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed liability of Landlord to Tenant (and their respective successors and assigns) ever be liable pursuant to this Agreement except for lost profits or consequential, speculative or punitive damagesnegligence).

LANDLORD'S LIABILITY. If Landlord defaults shall be in default under this Agreement Lease if Landlord fails to perform any of its obligations hereunder without cure for a period of twenty (20) days after written notice thereof is provided to Landlord and ifto any holder of a mortgage or deed of trust covering the Premises; provided, as a consequence of such defaulthowever, Tenant shall recover a money judgment against Landlordthat if more than twenty (20) days are reasonably required to cure, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for deemed in default if Landlord commences such cure within the twenty (20) day period and thereafter diligently prosecutes such cure to completion. If Tenant claims that Landlord has breached any deficiencyobligation and failed to cure such breach within the time frames set forth herein, then Tenant shall give any holder of a mortgage or deed of trust covering the Premises notice specifying the breach and permit such holder of a mortgage or deed of trust covering the Premises a reasonable opportunity (not less than sixty (60) days) to cure the breach. In no event shall Tenant have the right to levy execution against any property terminate this Lease as a result of Landlord other than its right, title Landlord’s default and interest in the Shopping Center including, but not Tenant’s remedies shall be limited to, the rents, proceeds and profits derived therefromto damages and/or injunction. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in In the event of any default sale or other transfer of the Premises by Landlord, of which Landlord shall make a good faith effort to give notice to Tenant, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale or transfer; and the purchaser or transferee, as of such sale, shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser or transferee, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Agreement, except to Lease. It is specifically understood and agreed that the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court liability of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies Landlord hereunder shall be limited solely to the extent Shopping Center; that no partner of Landlord (whether a general partner or a limited partner), nor any officer, director, agent or employee of Landlord shall be personally liable with respect to any claim arising out of or related to this Agreement otherwise expressly limits Tenant’s rights or remediesLease. Notwithstanding anything contained set forth in this Agreement Lease to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, it is agreed that in no event shall Landlord or and/or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or of the other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever Landlord Parties be liable pursuant for any punitive and/or consequential damages relating in any way to the terms and conditions of this Agreement for lost profits or consequential, speculative or punitive damagesLease.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, It is expressly agreed that the Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable entitled to assert a damage claim against Landlord seeking loss of income, lost profits, lost customers or other consequential damages for any deficiencytype of claim. In no the event Landlord breaches this Lease and does not cure the breach within 30 days after receipt of written notice from Tenant, (or to commence to cure default if the default can not be reasonably cured within 30 days) then Tenant’s sole remedy shall Tenant have be the right to levy execution terminate this Lease and to seek damages against Landlord for damages which shall be limited to the actual cost to Tenant of obtaining substantially similar premises which shall not exceed three (3) times the amount of the monthly Base Rent. Tenant waives the right to seek all other types of damages. Notwithstanding any property of Landlord other than its rightprovision contained in this Lease or elsewhere now or hereafter to the contrary, title Xxxxxx agrees and acknowledges that Tenant shall look solely and only to Landlord’s interest in the Shopping Center including, but not limited to, leasehold in the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, unit leased to Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default or breach by Landlord under this Agreement, except with respect to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breachterms and provisions of this Lease on the part of the Landlord to be performed or observed; and (c) Tenant’s rights and remedies hereunder no other assets whatsoever of Landlord shall be limited subject to liability, levy, execution, or other judicial process or award for the extent this Agreement otherwise expressly limits Tenantsatisfaction of Xxxxxx’s rights claim(s) of any kind or remediessort whatsoever. Notwithstanding anything In the event of a sale or conveyance by Landlord of the building or a foreclosure by any creditor of Landlord, the same shall operate to release Landlord from any liability upon any of the covenants or conditions, express or implied, herein contained in this Agreement to the contrary, the obligations favor of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersTenant, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement solely look to the contrary, in no event shall Landlord or new owner for any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to claims under this Agreement for lost profits or consequential, speculative or punitive damagesLease.

LANDLORD'S LIABILITY. Tenant agrees to look only to Landlord’s equity interest in the Building for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults under this Agreement from time to time transfers its interest in the Building (or part thereof which includes the Premises), then from and if, as a consequence of after each such default, transfer Tenant shall recover a money judgment against look solely to the interests in the Building of each of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest performance of all of the obligations of Landlord hereunder (or under any related instrument), so long as such transferee has assumed in the Shopping Center includingwriting all obligations of Landlord. The obligations of Landlord shall not be binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any successor, individually, but only upon Landlord’s or such successor’s interest described above. The obligations of Tenant shall not limited tobe binding on any partners, shareholders, members, managers, directors, officers, trustees, or beneficiaries of Tenant, individually, but only upon Tenant or any successor or assign of Tenant. Except for the rentsnegligence or willful misconduct of Landlord or any of the Indemnitees (as such term is defined in Section 5.4.1), proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable to Tenant and Tenant hereby waives all claims against Landlord for any deficiencyinjury or damage to any person or property whatsoever. In no event shall Landlord ever be liable for any indirect or consequential damages. It is expressly agreed by Landlord and Tenant have that business interruption costs and expenses are indirect and consequential damages under the right to levy execution against any terms of this Lease and no other property assets of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to the extent this Agreement otherwise expressly limits Tenant’s rights levy, execution or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets enforcement procedures for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained judgment or decree in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesfavor of Tenant.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default by such a transfer Landlord shall automatically be released from all liability under this Agreement, except Lease to the extent offset rights are specifically provided the same is assumed by the transferee or arises after the date of such transfer; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any lender holding a mortgage or deed of trust encumbering all or part of the Project, Landlord’s liability to Tenant for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature of the breach; Landlord, its partners, employees and (c) Tenant’s rights and remedies hereunder agents shall be limited to the extent amount of any insurance proceeds available plus the greater of the following amounts: (i) Landlord’s equity interest in the Project and any rents or other monies generated by the Project and (b) $1,500,000.00. No other property or assets of Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee, officer, director, member or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the “Parties”), shall be liable for the performance of Landlord’s obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord’s obligations under this Lease shall not exceed and shall be limited to Landlord’s interest in the Building and the Real Property and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever representatives of Landlord be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. Xxxxxx agrees from time to time to look only to Landlord’s interest in the Building and the proceeds therefrom (which shall include, without limitation, rents and insurance and sales proceeds) for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates 22 delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults from time to time transfers its interest in the Building (or part thereof which includes the Premises), then from and after each such transfer, and the transferee’s written assumption of Landlord’s obligations under this Agreement and if, as a consequence of such defaultLease, Tenant shall recover a money judgment against look solely to the interests in the Building of each of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest performance of all of the obligations of Landlord in the Shopping Center includinghereunder (or under any related instrument) thereafter accruing. The obligations of Landlord shall not be binding on any direct or indirect partners (or members, trustees or beneficiaries) of Landlord or of any successor, individually, but not limited toonly upon Landlord’s or such successor’s interest described above. If Landlord shall refuse or fail to provide any consent or approval for any matter for which Xxxxxxxx’s consent or approval is required under this Lease or is otherwise requested by Tenant, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for damages as a result thereof, and Xxxxxx’s sole remedy to enforce any deficiency. In no event shall Tenant have the right to levy execution against any property alleged obligation of Landlord to provide such consent or approval shall be an action for specific performance, injunction, or declaratory relief; provided that this sentence shall not prevent Tenant from pursuing a claim, if made in good faith in accordance with the terms and conditions of this Lease, for direct damages (and not for any other than its rightdamages, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law as indirect or in equity; provided, however: (aconsequential damages) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined caused by a court refusal by Landlord to provide such consent or approval where Landlord was obligated to provide such consent or approval under the terms and conditions of competent jurisdiction under applicable law taking into account the nature this Lease and such refusal was made in bad faith disregard of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the such obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesLease.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein from and after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of Its Interest in the Building or the Real Property, as the case may be, and in the event of any such sale. conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and II shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers or· Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the “Parties’), shall be liable for the performance of Landlord’s obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord’s obligations under this Lease shall not exceed and shall be limited to Landlord’s interest in the Building and the Real Property and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s Obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: either party (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. If In the event of a ground lease, sale, transfer or conveyance by Landlord defaults under this Agreement of either or both of Building 4 and/or Building 5, the same shall operate to release Landlord from any future liability for any of the obligations, covenants or conditions, express or implied, herein contained with respect to the Building or Buildings so ground leased, sold, transferred or conveyed, provided the purchaser, ground lessee or transferee assumes Landlord’s obligations and if, as a consequence of covenants hereunder. In such defaultevent, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against agrees to look solely to the right, title and responsibility of the successor in interest of Landlord in the Shopping Center includingand to this Lease. Landlord and Landlord’s officers, but not limited todirectors, the rents, proceeds shareholders and profits derived therefrom as the same may then be constituted and encumbered, and Landlord agents shall not be liable for have absolutely no personal liability with respect to any deficiency. In no event shall Tenant have the right to levy execution against provision of this Lease or any property of Landlord other than its right, title and interest obligation or liability arising from this Lease or in connection with this Lease in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured event of a breach or default by Landlord, Tenant may exercise Landlord on any of its rights provided obligations. In the event of a breach or default by Landlord on any of its obligations with respect to the Building 4 Leased Premises, Tenant shall look solely to the equity of the Landlord in the Building 4 Leased Premises, and any insurance and sale proceeds with respect to the same, at law the time of the breach or in equity; provideddefault for the satisfaction of any remedies of Tenant, howeverand shall have no recourse against any other assets of Landlord or against any assets of any officer, director, shareholder or agent of Landlord. In the event of: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by LandlordLandlord on any of its obligations with respect to the Building 5 Leased Premises or (b) do not constitute any claim for liability for any personal obligations injury or death suffered by the Tenant, its officers, employees, agents and guests who occupy or occupied the Building 5 Leased Premises arising from the vapor intrusion by halogenated volatile organic compounds detected in soil gas monitoring at the Building 5 Leased Premises, Tenant shall look solely to the equity of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersin the Building 5 Leased Premises, and Tenant any insurance and sale proceeds with respect to the same, at the time of the breach or default or claim, as the case may be, for the satisfaction of any remedies of Tenant, and shall not seek have no recourse against the individual partners, directors, officers, members or shareholders any other assets of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any officer, director, shareholder or agent of Landlord. Such exculpation of liability with respect to shall be absolute and without any exception whatsoever. [The remainder of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagespage left blank intentionally.]

LANDLORD'S LIABILITY. If In no event shall Landlord's liability for any breach of this lease exceed the amount of rental then remaining unpaid for the then current term (exclusive of any renewal periods which have not then actually commenced). This provision is not intended to be a measure or agreed amount of Landlord's liability with respect to any particular breach, and shall not be utilized by any court or otherwise for the purpose of determining any liability of Landlord defaults under this Agreement and ifhereunder, except only as a consequence of such default, maximum amount not to be exceeded in any event. 22. Mechanic's and Other Liens. Tenant shall recover a money judgment have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the premises on which any lien is or can be validly and legally asserted against Landlordits leasehold interest in the premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, such judgment shall be satisfied cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Shopping Center includingpremises or under the terms of this lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the premises or any building or other improvement of which the premises are a part to be placed upon the premises or any building or improvement thereon during the term hereof, but not limited toand in case of the filing of any such lien Tenant will promptly pay same. If any such lien shall remain in force and effect thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the rents, proceeds right and profits derived therefrom as privilege at Landlord's option of paying and discharging the same may then be constituted and encumberedor any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall not be liable for any deficiencyrepaid to Landlord immediately on rendition of a xxxx therefor. In no event Notwithstanding the foregoing, Tenant shall Tenant have the right to levy execution contest any such lien in good faith and with all due diligence so long as any such contest, or action taken in connection therewith, protects the interest of Landlord and Landlord's mortgagee in the premises and Landlord and any such mortgagee are, by the expiration of said thirty (30) day period, furnished such protection, and indemnification against any property of Landlord other than its rightloss, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon cost or expense related to any such uncured default by Landlord, Tenant may exercise lien and the contest thereof as are satisfactory to Landlord and any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagessuch mortgagee.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Consent -------------------- shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Premises, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, such Landlord (and any such subsequent landlord) shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder from and after the date of such sale, conveyance, assignment or transfer. Neither the trustees, beneficiaries, partners, directors, officers or employees of Landlord (collectively, the "Parties") shall be liable for the performance of Landlord's obligations under this Consent, nor shall the Parties be liable for the performance of Landlord's obligations under the Sublease pursuant to any deficiencyattornment by Subtenant to Landlord. Tenant and Subtenant, as the case may be, shall look solely to Landlord to enforce Landlord's obligations hereunder and thereunder and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord's obligations under this Consent and the Sublease shall be limited to Landlord's interest in the Building and Tenant and Subtenant shall not look to any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Consent or under the Sublease pursuant to any such attornment or to satisfy a judgement for Landlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits indirect or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and ifThe TENANT shall not have any claim of any nature against the LANDLORD nor shall the TENANT be entitled to withhold or delay payment of rental or other amounts due to the LANDLORD for any accident, injury, loss or damage: because the Premises or any portion thereof is in a defective condition or in a state of disrepair or any particular repair not being affected in a proper manner or at all by the LANDLORD, except if the LANDLORD, after written notification from the TENANT, refuses or delays unduly in effecting such repairs to the Premises for which the LANDLORD is responsible; arising out of any cause either wholly or partly outside the LANDLORD’S control; caused through any negligence on the part of the TENANT, its guests, agents, servants or employees; arising out of any act or omission of whatever nature by any other occupier of the Premises. The TENANT hereby indemnifies the LANDLORD against any claim made against the LANDLORD by anybody for any loss or damage suffered in the Premises, or as a consequence result of such defaultany act or omission of the TENANT. _________________________________ Full signature by the tenant as acknowledgment and acceptance of this clause, Tenant shall recover and awareness of the risk Court proceedings The parties agree, in terms of section 45 of the Magistrate’s Courts Act of 1944, to the jurisdiction of the Magistrate’s Court in respect of any actions or proceedings which may be arise out of this agreement, or any breach or alleged breach. The TENANT agrees that, should the LANDLORD institute proceedings either in the Magistrate’s Court or in the High Court, then the TENANT is liable for all costs which are incurred by the LANDLORD on the attorney and client scale, including collection commission. Should the LANDLORD institute legal action against the TENANT as above, a money judgment against Landlordcertificate signed by a director, such judgment secretary or agent of the LANDLORD indicating the amount due to the LANDLORD, shall be satisfied against sufficient and prima facie proof of the rightamount reflected thereon, title and interest for purposes of Landlord summary judgment or any other legal proceedings whatsoever. Damage to or destruction of the Premises If the Premises is damaged by fire or otherwise in such a manner that it is still able to be lived in, then this agreement will not be cancelled and, provided that such damage was not caused by the TENANT or otherwise as a result of this lease, the rental payable will be abated pro rata having regard to the extent to which the TENANT may not enjoy beneficial occupation of the Premises. Should the Premises be structurally destroyed or structurally damaged to such an extent as to render it unlivable, then this lease will immediately terminate. Furthermore, should any other portion or portions of surrounding buildings or land be so destroyed or damaged as to render it necessary in the Shopping Center including, but not limited tobona fide opinion of the LANDLORD for the whole of the Premises to be rebuilt, the rentsLANDLORD is entitled forthwith to cancel this lease simultaneously with the cancellation of all the other tenancies of the building, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyif any. In no the event of the LANDLORD deciding to let the Premises upon its restoration, the TENANT shall Tenant have the right of first refusal to levy execution against any property of Landlord other than its right, title let the Premises at a rental to be agreed to between the LANDLORD and interest in the Shopping Center including, but not limited toTENANT. If the damage or destruction is caused by the TENANT or by anyone or thing allowed on the Premises by the TENANT, the rents, proceeds and profits derived therefrom. Upon any such uncured default lease will continue unless otherwise agreed by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersLANDLORD, and Tenant shall the TENANT will have to pay the full rental (even where the TENANT is not seek recourse against occupying the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesPremises).

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the “Parties”), shall be liable for the performance of Landlord’s obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord’s obligations under this Lease shall not exceed and shall be limited to Landlord’s interest in the Building and the Real Property and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding or the Real Property, but not limited toas the case may be, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord thereafter accruing hereunder, and it shall be deemed and construed without further agreement between the parties or the successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Lease. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, Real Property and Tenant shall not seek recourse against the individual partners, directors, officers, members look to or shareholders attach any other property or assets of Landlord or against Landlord’s partners the property or any other persons or entities having any interest in Landlord, or assets of any of their personal assets the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for satisfaction of any liability with respect Landlord's failure to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesperform such obligations.

LANDLORD'S LIABILITY. If 21. This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiencyloss or damage to person, property or business, unless due to the negligence of Landlord, its agents, employees or invitees nor shall Landlord be liable for any latent defect in the premises or the building. In no event Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York. with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its designees as additional insureds. Evidence of the policies, and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant have the right agrees to levy execution against any property of Landlord other than its right, title look solely to Landlord's estate and interest in the Shopping Center includingland and building, but not limited toor the lease of the building or of the land and building, and the rentsdemised premises, proceeds and profits derived therefrom. Upon for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default liability by Landlord. and no other property or assets of Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to levy, execution or other enforcement procedure for the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this Agreementlease. Notwithstanding anything contained in this Agreement to the contraryrelationship of landlord and tenant hereunder, in no event shall Landlord or Tenant's use and occupancy of the demised premises or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed liability of Landlord to Tenant (and their respective successors and assigns) ever be liable pursuant to this Agreement except for lost profits or consequential, speculative or punitive damagesnegligence).

LANDLORD'S LIABILITY. If The term "Landlord," as used in this Lease, shall mean only the owner or owners of the Property at the time in question. Notwithstanding any other term or provision of this Lease, (a) the liability of Landlord defaults for its obligations under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Lease is limited solely to Landlord, such judgment shall be satisfied against the right, title and 's interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then from time to time be constituted and encumberedencumbered (or the amount of any proceeds from the sale of the Property), and Landlord no personal liability shall not at any time be liable for any deficiency. In no event shall Tenant have the right to levy execution asserted or enforceable against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders assets of Landlord or against Landlord’s 's stockholders, directors, officers or partners or any other persons or entities having any interest in Landlord, or on account of any of their personal assets for satisfaction of any liability with respect to Landlord's obligations or actions under this Agreement. Notwithstanding anything contained in this Agreement to the contraryLease, and (b) in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to Tenant for any punitive or consequential damages or damages for loss of business by Tenant. In addition, from and after the date of Landlord's conveyance of title to the Property, Landlord shall be relieved of all liability with respect to Landlord's obligations to be performed under this Agreement Lease after the date of such conveyance. If Tenant provides Landlord with any security for lost profits Tenant's performance of its obligations hereunder, and Landlord transfers such security to the grantee or consequentialtransferee of Landlord's interest in the Property, speculative Landlord shall be released from any further responsibility or punitive damagesliability for such security. Upon any conveyance of title to the Property, the grantee or transferee, by accepting such conveyance, shall be deemed to have assumed Landlord's obligations to be performed under this Lease from and after the date of transfer, subject to the limitations on liabilities set forth in this Section 50.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon transfer, Landlord shall automatically be released from all further liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's Security Deposit to Tenant or transfer Tenant's Security Deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any such uncured default by Landlordlender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant may exercise agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of its rights provided at law or in equity; provided, however: money by Landlord arising out of (a) Tenant shall have no right Landlord's failure to offset or xxxxx rent in the event of any default by Landlord perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreementassets. Notwithstanding anything contained in this Agreement to the contrary, in In no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits or consequential, speculative consequential or punitive damages.

LANDLORD'S LIABILITY. If 21. This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiency. In no event shall Tenant have loss or damage to person, property or business, unless due to the right to levy execution against any property negligence of Landlord other than its right, title and interest nor shall Landlord be liable for any latent defect in the Shopping Center includingpremises or the building. Tenant, but during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its designees as additional insureds. Evidence of the policies, and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not limited tobe canceled for the coverage changed, without thirty (30) days' prior written notice to the rentsLandlord. Tenant agrees to look solely to Landlord's estate and interests in the land and building, proceeds or the lease of the building or of the land and profits derived therefrom. Upon building, and the demised premises, for the satisfaction any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default liability by Landlord, and no other property or assets of Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to levy, execution or other enforcement procedure for the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this Agreement. Notwithstanding anything contained in this Agreement to lease, the contraryrelationship of landlord and tenant hereunder, in no event shall Landlord or Tenant's use and occupancy of the demised premises or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed liability of Landlord to Tenant (and their respective successors and assigns) ever be liable pursuant to this Agreement except for lost profits or consequential, speculative or punitive damagesnegligence).

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease from and after such transfer; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's Security Deposit to Tenant or transfer Tenant's Security Deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project (including insurance proceeds and condemnation awards) for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's Security Deposit to Tenant or transfer Tenant's Security Deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord defaults under The term “Landlord” as used in this Agreement and ifLease, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against far as the right, title covenants and interest agreements of Landlord in this Lease are concerned, shall be construed to mean only the Shopping Center including, but not limited to, holder or holders of Landlord’s interest in this Lease at the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencytime in question. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by transfer or transfers of Landlord’s interest, other than a transfer for security prior to foreclosure thereof, the Landlord under this Agreementherein named (and in case of any subsequent transfer, except the then transferor) shall be automatically freed and relieved, from and after the date of such transfer, from all duties and obligations as to the extent offset rights performance of any covenants or agreements on the part of Landlord to be performed or observed after such transfer. Any funds in which Tenant has an interest and which are specifically provided in the hands of such Landlord at the time of such transfer shall be turned over to the transferee, and any amount then due and payable to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited paid to Tenant by the extent then transferor. It is the intent of this Agreement otherwise expressly limits Tenant’s rights Section that the provisions of this Lease shall be binding upon Landlord, its successors and assigns only during and in respect of their respective successive periods of ownership. In any event, and notwithstanding any other provision of this Lease, neither Landlord (including any successor Landlord) nor any officer, director, agent, partner, member trustee, beneficiary, or remedies. Notwithstanding anything employee thereof shall be liable in an individual or personal capacity for the performance or nonperformance of any agreement, covenant, or obligation of Landlord contained in this Agreement Lease, and Tenant shall look solely to the contrary, interest of Landlord from time to time in the obligations Premises as the sole asset for payment and satisfaction of all liabilities of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesLease.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and shall be limited to Landlord's interest in the Building and the Real Property (and any refinancing or any sale proceeds) and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. If Landlord defaults under THE DECLARATION OF TRUST OF LANDLORD, DATED APRIL 2, 1999, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (THE "DECLARATION"), IS DULY FILED IN THE OFFICE OF THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "HRES1 PROPERTIES TRUST" REFERS TO THE TRUSTEES UNDER THE DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF LANDLORD SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF, OR CLAIM AGAINST, LANDLORD. ALL PERSONS DEALING WITH LANDLORD, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF LANDLORD, FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Agreement and if, as a consequence Lease against any of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and 's assets other than Landlord's interest of Landlord in the Shopping Center including, but not limited to, Leased Property and in the rents, proceeds issues and profits derived therefrom as the same may then be constituted and encumberedthereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiencysuch liability. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits any indirect or consequential, speculative or punitive consequential damages.

LANDLORD'S LIABILITY. 13.401 TENANT'S RIGHT IN RESPECT OF LANDLORD DEFAULT. Tenant is granted no contractual right of termination by this Lease, except to the extent and only to the extent set forth in Sections 5.4, 7.1, 8.2 and 12.2 above and Rider H-2 attached hereto. IN THE EVENT THAT LANDLORD COMMITS A DEFAULT HEREUNDER, TENANT MAY PURSUE ANY REMEDIES AVAILABLE TO TENANT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, LANDLORD'S LIABILITY HEREUNDER SHALL BE LIMITED AS PROVIDED IN SECTION 13.402 HEREOF. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against only out of the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then be constituted and encumbered, encumbered and Landlord shall not be liable for any and deficiency. If Landlord is found to be in default hereunder by reason of its failure to give a consent that it is required to give hereunder, Tenant's sole remedy will be an action for specific performance or injunction. The foregoing sentence shall in no event be construed as mandatorily requiring Landlord to give consents under this Lease. In no event shall Landlord be liable to Tenant for consequential or special damages by reason of a failure to perform (or a default) by Landlord hereunder or otherwise. In no event shall Tenant have the any right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center includingProperty as hereinbefore expressly provided. NOTWITHSTANDING THE FOREGOING, but not limited toHOWEVER, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: TENANT SHALL ALSO HAVE THE RIGHT TO SATISFY A JUDGMENT AGAINST LANDLORD OUT OF (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this AgreementTHE PROCEEDS COLLECTED BY LANDLORD OR WHICH LANDLORD HAS THE RIGHT TO COLLECT FROM ANY INSURER WITH RESPECT TO DAMAGE OR DESTRUCTION OF ALL OR ANY PART OF THE PROJECT; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breachTHE PROCEEDS OF ANY SALE OF ALL OR ANY PART OF LANDLORD'S RIGHT, TITLE AND INTEREST IN ALL OR ANY PART OF THE PROJECT; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contraryTHE PROCEEDS OF ANY LOAN SECURED IN WHOLE OR IN PART BY THE PROJECT OR ALL OR ANY PART OF LANDLORD'S RIGHT, the obligations of Landlord under this Agreement TITLE OR INTEREST IN THE PROJECT; AND (including any actual or alleged breach or default by Landlordd) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesANY AND ALL RENTS COLLECTED BY LANDLORD OR WHICH LANDLORD HAS THE RIGHT TO COLLECT WITH RESPECT TO ALL OR ANY PART OF THE PROJECT.

LANDLORD'S LIABILITY. If Landlord defaults under this and Tenant represent and -------------------- acknowledge each to the other that in any interaction between Tenant and any representative of Landlord (including but not limited to, any partner, general or limited, of Landlord or any employee of Landlord) relating directly or indirectly to the within Lease Agreement and if, said representative was acting not in his or her individual capacity but solely as a consequence representative of such defaultthe Landlord. Accordingly, Tenant agrees that if Landlord, through the actions of any of its representatives, shall breach any of the provisions hereof, Tenant shall recover a money judgment against not institute any claim or suit naming any partner, general and limited, of Landlord, such nor any employee of Landlord, on account of said breach by Landlord, of any of the provisions hereof. If Landlord shall breach any of the provisions hereof, Landlord's liability shall in no event exceed Landlord's interest in the premises as of the date of Landlord's breach, and Tenant expressly agrees that any judgment shall or award which it may obtain against Landlord to be recoverable and satisfied against solely out of the right, title and interest of Landlord in and to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumberedPremises, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in rights against the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directorsgeneral and limited, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or rights of lien or levy against any other property of their personal Landlord (or of any person or entity comprising Landlord), nor shall any other property or assets of Landlord be subject to levy, execution or other enforcement proceedings for the collection of any such sums or satisfaction of any liability with respect such judgment or award. In the event that Tenant wrongfully seeks to this Agreement. Notwithstanding anything contained in this Agreement to the contraryassert a claim or lawsuit against any partner, in no event shall Landlord or any general and limited, of Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals against any of Landlord's employees, Landlord shall be entitled to recover, as against Tenant, Landlord's reasonable attorney's fees and court costs incurred in obtaining the dismissal of said claim or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable lawsuit pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesSection.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease from and after the date of such transfer provided such transferee assumes in writing all of Landlord’s obligations hereunder; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s Security Deposit to Tenant or transfer Tenant’s Security Deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord’s equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or wilful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Landlord defaults are concerned shall be limited to mean and include only a ground lessee if the named Landlord herein is holding the premises under this Agreement and if, a ground lease for so long as a consequence the named Landlord is the holder of such defaultground lease interest or the owner or owners of the fee simple of the Premises; and in the event of transfer or transfers of either the ground leasehold interest to any other person or the transfer of title to the fee premises to any person, the Landlord herein named (and in the case of subsequent transfers or conveyances the then grantor or assignor), shall be automatically freed and relieved from and after the date of such transfer or conveyance or assignment of all liability as respects the performance of any covenant or obligation on the part of the Landlord contained in this Lease thereafter to be performed, it being the intention of the parties that the covenants and obligations to be observed and performed by the Landlord shall be binding upon the Landlord only during and in respect of its period of ownership of either a leasehold interest, or a fee interest as the case may be. Anything in this Lease to the contrary notwithstanding, Tenant shall recover a money judgment against Landlordagrees that Tenant shall, such judgment shall be satisfied against . subject to prior rights of any mortgagee of the rightPremises, title look solely to the estate and interest property of Landlord in the Shopping Center including, but not limited to, Premises and any available rents and proceeds therefrom for the rents, proceeds and profits derived therefrom as collection of any judgment (or other judicial process) requiring the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property payment of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent landlord in the event of any default or breach by Landlord under this Agreement, except with respect to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breach; terms, covenants and (c) Tenant’s rights and remedies hereunder shall conditions of this Lease to be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default observed and/or performed by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders and no other assets of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders any principal of Landlord shall be subject to levy, execution or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets procedures for the satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any LandlordTenant’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesremedies.

LANDLORD'S LIABILITY. If Landlord defaults under Notwithstanding anything to the contrary provided in this Agreement Lease, it is specifically understood and if, as a consequence of such default, Tenant shall recover a money judgment against Landlordagreed, such judgment shall be satisfied against agreement being a primary consideration for the right, title and interest execution of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default this Lease by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: that (a) there shall be absolutely no personal liability on the part of Landlord, any Lender or their respective successors or assigns or the trustees, members, partners, shareholders, officers, directors, employees and agents of Landlord, any Lender or their respective successors or assigns, to Tenant shall have no right or any other party with respect to offset any of the terms, covenants and conditions of this Lease, (b) Tenant waives all claims, demands and causes of action against the trustees, members, partners, shareholders, officers, directors, employees and agents of Landlord, any Lender and their respective successors or xxxxx rent assigns in the event of any default breach by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breach; terms, covenants and conditions of this Lease to be performed by Landlord, and (c) TenantTenant shall look solely to Landlord’s rights and remedies hereunder shall be limited to interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement Premises (including without limitation rents, issues, profits, proceeds (i.e., insurance and condemnation) and other income Landlord receives from the Premises) for the satisfaction of each and every remedy of Tenant in the event of any actual or alleged breach or default by Landlord) do not constitute personal obligations Landlord of any of the individual partnersterms, directors, officers, members or shareholders covenants and conditions of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in this Lease to be performed by Landlord, or any other matter in connection with this Lease or the Premises, such exculpation of their personal assets for satisfaction liability to be absolute and without any exception whatsoever. Certain identified information marked with [***] has been excluded from this exhibit because it is not material and is of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (type that the registrant treats as private and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesconfidential.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and ifThe term "Landlord" as used herein shall mean only the owner or owners. at the time in question, as of the fee title or a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and lessee's interest in a ground lease of the Shopping Center includingOffice Building Project and except as expressly provided in paragraph 15, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default transfer of such title or interest, Landlord herein named (and in case of any subsequent transfers then the grantor) shall be relieved from and after the date of such transfer of all liability as respects Landlord's obligations thereafter to be performed, provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The obligations contained in this Lease to be performed by Landlord under this Agreementshall, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court subject as aforesaid, be binding on Landlord's successors and assigns, only during their respective periods of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remediesownership. Notwithstanding anything contained in this Agreement Lease to the contrary, the obligations of Landlord under this Agreement Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members officers or shareholders of Landlord or Landlord’s 's partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members officers or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord's partners, or any of their personal assets for satisfaction of any liability with respect to this AgreementLease. Notwithstanding anything contained Landlord's total liability under this Lease shall be limited to Landlord's ownership interest in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesOffice Building Project.

LANDLORD'S LIABILITY. If Any agreement, obligation or liability made, entered into or incurred by or on behalf of Landlord defaults under binds only its property and no shareholder, partner, officer, agent or employee of the Landlord assumes or shall be held to any liability therefor. Tenant agrees that Landlord shall have no personal liability with respect to any of the provisions of this Agreement Lease and if, as a consequence of such default, Tenant shall recover look solely to the estate and property of Landlord in the land and buildings comprising the property of which the Premises forms a part for the satisfaction of Tenant's remedies, including, without limitation, the collection of any judgment or the enforcement of any other judicial process requiring the payment or expenditure of money by Landlord, subject, however, to the prior rights of any holder of any mortgage or deed of trust covering all or part of the property, and no other assets of Landlord shall be subject to levy, execution or other judicial process for the satisfaction of Tenant's claim and, in the event Tenant obtains a judgment against Landlord, such the judgment docket shall be satisfied so noted. Tenant shall not in any event be permitted to recover any speculative, indirect, consequential, incidental damages or punitive damages against Landlord. This Section shall inure to the rightbenefit of Landlord's successors and assigns and their respective principals. Notwithstanding any provision herein or in any future law or judicial holding to the contrary, title and interest in consideration of Landlord the Landlord's agreement to any provisions set forth in the Shopping Center including, but not limited to, Guaranty of this Lease which may limit the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not Guarantor's liability to an amount less than that for which Tenant would be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by a default, the maximum liability of the Landlord under this Agreement, except Lease is limited to and shall in no event ever exceed the extent offset rights are specifically provided to Tenant in this Agreement; (bmaximum amount for which the Guarantor(s) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction would be then liable under applicable law taking into account the nature provisions of the breach; Guaranty, and (c) Tenant’s rights and remedies hereunder any judgment against Landlord shall be expressly limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesforegoing amount.

LANDLORD'S LIABILITY. If Tenant agrees that Landlord defaults under shall have no personal liability with respect to any of the provisions of this Agreement Lease and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against look solely to the right, title estate and interest property of Landlord in the Shopping Center land and buildings comprising the Property of which the Premises forms a part, Landlord's interest in rents related to the Building, Landlord's interest in insurance and condemnation proceeds related to the Building, Landlord's net interest in sale and refinancing proceeds related to the Building received, and Landlord's interest in operating and reserve accounts related to the Building for the satisfaction of Tenant's remedies, including, but not limited towithout limitation, the rents, proceeds and profits derived therefrom as collection of any judgement or the same may then be constituted and encumbered, and Landlord shall not be liable for enforcement of any deficiency. In no event shall Tenant have other judicial process requiring the right to levy execution against any property payment or expenditure of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default money by Landlord, Tenant may exercise any of its rights provided at law or in equity; providedsubject, however: (a) Tenant , to the prior rights of any holder of any Mortgage covering all or part of the Property, and no other assets of Landlord shall have no right be subject to offset levy, execution or xxxxx rent other judicial process for the satisfaction of Tenant's claim and, in the event of any default by Landlord under this AgreementTenant obtains a judgement against Landlord, except the judgement docket shall be so noted. This Section shall inure to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court benefit of competent jurisdiction under applicable law taking into account the nature of the breach; Landlord's successors and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (assigns and their respective successors principals. The name X.X. Xxxx Real Estate Investment Trust (the "Trust") is the designation of the trustees for the time being under a Declaration of Trust dated July 31, 1962, as amended and assignsrestated from time to time, a copy of which, together with all amendments thereto, is filed with the Maryland State Department of Assessments and Taxation, and in accordance with such Declaration of Trust, notice is hereby given (i) ever that all persons dealing with the Trust must look solely to the trust property for the enforcement of any claims against the Trust, (ii) that any agreement, obligation or liability made, entered into or incurred by or on behalf of X.X. Xxxx Real Estate Investment Trust binds only its trust property, and (iii) that no shareholder, trustee, officer or agent of the Trust assumes or shall be liable pursuant held to this Agreement for lost profits or consequential, speculative or punitive damagesany liability therefor.

LANDLORD'S LIABILITY. If Landlord defaults shall be in default under this Agreement and ifRider and, if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against only out of the right, title title, and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then be constituted encumbered and encumbered, and neither Landlord nor any person or entity comprising Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord nor any person or entity comprising Landlord other than its right, title and interest in the Shopping Center includingProperty as herein expressly provided. In addition, but not limited to, no sum payable to Tenant as the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event result of any breach or default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder Rider shall be limited to deducted from or offset against any rent or other sums payable under the extent this Agreement otherwise expressly limits Tenant’s rights Lease, and no such beach or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of default by Landlord under this Agreement Rider shall be the subject of a defense or counterclaim in any action or proceeding brought by Landlord to enforce its rights under the Lease or excuse Tenant from the performance of any of its obligations under the Lease or relieve Tenant of any of its liabilities thereunder. FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (including any actual or alleged breach or default by Landlordthis “Amendment”) do not constitute personal obligations is made as of the individual partners8th day of Oct., directors2010 (the “Effective Date”), officersby and between XX XXXXXXX-SALEM LLC, members or shareholders of Landlord or a Delaware limited liability company with offices at 000 Xxxx 00xx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000 (“Landlord’s partners”), and Tenant shall not seek recourse against the individual partnersBE AEROSPACE, directorsINC., officersa Delaware corporation having an office at 000 Xxxx Xxxxxx, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in LandlordXxxxx 0000, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryXxxxxxx-Xxxxx, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed Xxxxx Xxxxxxxx 00000 (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages“Tenant”).

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Property and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer, and upon the transferee’s assumption of the same (as evidenced by a written agreement between Landlord and such transferee), Landlord shall automatically be released from all liability under this Lease arising after the date of the transfer; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Property, Tenant agrees to look solely to Landlord’s equity interest in the Property for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, trustee, beneficiary, officer, director, member, shareholder, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directorstrustees or shareholders, officersbeneficiaries or members of Landlord, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against any of said persons or their assets. The provision contained in the individual partnersforegoing sentence is not intended to, directorsand shall not, officerslimit any right Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, members or shareholders to take any action not involving the personal liability of Landlord (original or against successor) to respond in monetary damages from Landlord’s partners or any assets other persons or entities having any than Landlord’s interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.Property

LANDLORD'S LIABILITY. If The liability of the Landlord defaults Parties to Tenant (or any person or entity claiming by, through or under Tenant) under the terms of this Agreement and if, as a consequence Lease or any matter relating to or arising out of such default, Tenant shall recover a money judgment against Landlord, such judgment the occupancy or use of the Premises and/or other areas of the Project shall be satisfied against limited to Tenant’s actual direct, but not consequential, damages therefor and shall be recoverable only from the right, title and interest of Landlord in the Shopping Center includingProject, but not including rents and issue of the Building, as well as any insurance proceeds which Landlord receives (following payment of any outstanding liens and/or mortgages, whether attributable to sales or insurance proceeds or otherwise). Tenant agrees to look solely to such interest in the Project for the recovery of any judgment against any Landlord Party. No Landlord Party shall be personally liable for any such judgment, award or deficiency after execution thereon and Tenant hereby waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. 39 Second & Spring Avalara, Inc. The limitations of liability contained in this Section 26(b) shall apply equally and inure to the benefit of the Landlord Parties, present and future advisors, beneficiaries, participants, representatives and their respective constituent partners, members, shareholders, trustees, heirs, successors and assigns. Under no circumstances shall any present or future general or limited topartner of Landlord (if Landlord is a partnership), member of Landlord (if Landlord is a limited liability company) or trustee or beneficiary (if Landlord or any partner or member of Landlord is a trust) have any liability for the rentsperformance of Landlord’s obligations under this Lease, proceeds nor shall negative capital account of any constituent partner or member in Landlord (or in a constituent member or partner of Landlord) nor any obligation of any constituent member or partner of Landlord (or in any other constituent member or partner of Landlord) to restore a negative capital account or to contribute or loan capital to Landlord (or to any constituent member or partner of Landlord), at any time be deemed to be the property or an asset of Landlord or such other constituent member or partner (and profits derived therefrom as the same may then be constituted and encumberedneither Tenant nor any of its successors or assigns shall have any right to collect, and enforce or proceed against or with respect to any such negative capital account of such a member’s or partner’s obligation to restore or contribute). Notwithstanding any contrary provision herein, no Landlord Party shall not be liable for any deficiencyinjury or damage to, or interference with, Tenant’s business, including loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, or for any form of special or consequential damage, in each case however occurring. In no event The foregoing shall be in addition to, and not in limitation of, any further limitation of liability that might otherwise apply. Notwithstanding the foregoing, none of the provisions of this Section 26(b) shall be deemed to release any insurance carrier that insures Landlord’s liability to Tenant have the right or to levy execution against third parties from any property obligation to make any payment to Tenant pursuant to any such insurance policy, it being agreed that any release of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon for any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided obligation to Tenant in is not intended to and does not release Landlord’s insurance carrier from the obligation of paying such loss on Landlord’s behalf. The provisions of this Agreement; (bSection 26(b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account survive the nature expiration or earlier termination of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesTerm.

LANDLORD'S LIABILITY. If Sale of Building. The term "Landlord", as used in this Lease, shall mean only the owner or owners of the Real Property at the time in question. Notwithstanding any other provision of this Lease, the liability of Landlord defaults for its obligations under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Lease is limited solely to Landlord, such judgment shall be satisfied against the right, title and 's interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Real Property as the same may then from time to time be constituted and encumbered, and no personal liability shall at any time be asserted or enforceable against any other assets of Landlord or against Landlord's stockholders, directors, officers or partners on account of any of Landlord's obligations or actions under this Lease. In addition, in the event of any conveyance of title to the Real Property, then from and after the date of such conveyance, Landlord shall be relieved of all liability with respect to Landlord's obligations to be performed under this Lease after the date of such conveyance. Upon any conveyance of title to the Real Property, the grantee or transferee, by accepting such conveyance, shall be deemed to have assumed Landlord's obligations to be performed under this Lease from and after tile date of transfer, subject to the limitations on liability set forth above in this Paragraph 28. If Tenant provides Landlord with any security for Tenant's performance of its obligations hereunder, and Landlord transfers such security to the grantee or transferee of Landlord's interest in the Real Property, Landlord shall be released from any further responsibility or liability for such security. Notwithstanding any other provision of this Lease, Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its rightconsequential damages, title and interest in the Shopping Center including, but not limited towithout limitation, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequentialloss of business, speculative nor shall Landlord be liable for loss of or punitive damages.damage

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord’s equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this AgreementLease, except to the extent offset rights are specifically provided to Tenant in this Agreement; or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees, and agents. No partner, employee, or agent of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited to personally liable for the extent performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If No Landlord defaults under this Agreement shall be liable for any obligation or liability based on or arising out of any event or condition occurring during the period that such Landlord was not the owner of the Building or a landlord’s interest therein. Upon request and if, as a consequence of such defaultwithout charge, Tenant shall recover attorn to any successor to Landxxxx’x xnterest in this Lease provided such transferee assumes the obligations of Landlord hereunder that arise from and after the date of the transfer. Landlord may transfer its interest in the Building without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a money judgment against violation on Landlord’s part of any of the terms of this Lease. Upon any sale of the Building, such judgment Landlord shall be satisfied against relieved of all responsibility for the rightPremises and shall be released from any liability thereafter accruing under this Lease provided such transferee assumes the obligations of Landlord hereunder that arise from and after the date of the transfer. No officer, title director, member, or employee of Landlord shall have any personal liability under any of the terms, conditions, or covenants of this Lease. Tenant and interest Tenant Agents shall look solely to the equity of Landlord in the Shopping Center includingBuilding and/or the net sales, but not limited to, insurance and/or condemnation proceeds actually received therefrom for the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy, or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon transfer, Landlord shall automatically be released from all further liability under this Lease which first accrues after the assignment; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's Security Deposit to Tenant or transfer Tenant's Security Deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any such uncured default by Landlordlender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant may exercise agrees to look solely to Landlord's equity interest in the Project and the income therefrom, for the collection of any judgment requiring the payment of its rights provided at law or in equity; provided, however: money by Landlord arising out of (a) Tenant shall have no right Landlord's failure to offset or xxxxx rent in the event of any default by Landlord perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreementassets. Notwithstanding anything contained in this Agreement to the contrary, in In no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits or consequential, speculative consequential or punitive damages.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease related to all matters following the date of such transfer; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of all prospective obligations of Landlord hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s Security Deposit to Tenant or transfer Tenant’s Security Deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Building, Tenant agrees to look solely to Landlord’s equity interest in the Building (including rents, proceeds from the sale of any interest therein, insurance proceeds and condemnation proceeds) for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If The term "Landlord," as used in this Lease, shall mean only the owner or owners of the Property at the time in question. In the event of any conveyance of title to the Property, then from and after the date of such conveyance, the transferor Landlord defaults shall be relieved of all liability with respect to Landlord's obligations to be performed under this Agreement and if, as a consequence Lease after the date of such defaultconveyance. Notwithstanding any other term or provision of this Lease, Tenant shall recover the liability of Landlord for its obligations under this Lease is limited solely to Landlord's interest in the Property as the same may from time to time be encumbered, or the net proceeds of sale of the Property in the event liability is asserted against a money judgment against Landlordprior Landlord with respect to an obligation of such Landlord that relates to a period, and was breached, prior to such judgment shall be satisfied against sale, and to the rightfullest extent permitted by law, title and interest the proceeds of any liability insurance of Landlord in the Shopping Center includingevent Tenant obtains a judgment against Landlord for a Claim that is insurable under ordinary commercial general liability insurance policies and such judgment may be covered by such insurance. Notwithstanding any other term or provision of this Lease, but not limited to, the rents, proceeds and profits derived therefrom as the same may then no personal liability shall at any time be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution asserted or enforceable against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders assets of Landlord or against Landlord’s partners 's partners, property managers, agents or any other persons members or entities having any interest in Landlordits or their respective partners, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryshareholders, in no event shall Landlord or any Landlord’s officers, trusteesmembers, directors, partnersofficers or managers on account of any of Landlord's obligations or actions under this Lease. In no event, beneficiarieshowever, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever shall Landlord be liable pursuant to this Agreement Tenant for lost profits any punitive or consequential, speculative consequential damages or punitive damagesdamages for loss of business by Tenant.

LANDLORD'S LIABILITY. If The obligations of Landlord defaults under this Agreement and ifLease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder first arising thereafter, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors nor officers of Landlord, if Landlord is a consequence corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such defaultpartners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall recover a money judgment look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord, such judgment 's obligations under this Lease shall not exceed and shall be satisfied against the right, title and interest of Landlord in the Shopping Center includinglimited to Tenant's actual direct, but not limited toconsequential, damages therefor and shall only be recoverable from Landlord's interest in the rents, proceeds Building and profits derived therefrom as the same may then be constituted Real Property and encumbered, and Landlord Tenant shall not be liable look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for any deficiencyLandlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, (or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequentialconsequential damages, speculative or punitive damagesexcept as provided in Article 21 herein.

LANDLORD'S LIABILITY. If The Landlord defaults under this Agreement is not responsible for any loss, expense or damage of any kind to any person or property, unless it occurs as a result of negligence of the Landlord. The Tenant must pay for any damages suffered and ifmoney spent by the Landlord relating to any claim arising from any act or neglect of the Tenant. The Tenant is responsible for all of his or her own acts, the acts of his or her own family, employees, guests, and invitees. If, as a consequence result of such defaultlabor trouble, Tenant shall recover a money judgment against lack of supply, Tenant’s act or neglect, government orders, rules or regulations, or any other causes not fully within the Landlord, such judgment shall be satisfied against ’s reasonable control; the right, title and interest of Landlord is delayed or unable to keep promises as set forth in the Shopping Center includingLease, but not limited tosupply any services which the Landlord is to supply under this Lease, make any repairs or change in the Premises, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable ended nor shall the Tenant’s obligations be affected by the Landlord’s inability to perform. The tenant is strongly encouraged to procure renter’s insurance. FIRE, ACCIDENT, DEFECTS, & DAMAGE: Tenant must give prompt notice of fire, accident damage or dangerous or defective condition. If the premises cannot be used because of fire or other casualty, Tenant is not required to pay rent for any deficiencythe time the Premises is unusable. In no event If part of the premises cannot be used, Tenant must pay rent for the usable part. Landlord shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature decide which part of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to premises is usable. Landlord need only repair the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations damaged structural parts of the individual partnersPremises. Landlord is not required to repair or replace any equipment, directorsfixtures, officersfurnishings or decorations unless originally installed by the Landlord. Landlord is not responsible for delays due to settling insurance claims, members or shareholders of Landlord or Landlord’s partnersobtaining estimates, labor and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners supply problems or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to cause not fully under the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, control. If the fire or other principals casualty is caused by an act or representativesneglect of Tenant or guest of tenant, disclosed then the cost of all repairs will be added to rent. Landlord has the right to demolish or undisclosed (rebuild the building if there is substantial damage by fire or other casualty. Even if the Premises are not damaged, Landlord may cancel this Lease within 30 days after the fire or casualty by giving tenant notice of the Landlord’s intention. The Lease will end 30 days after the Landlord’s cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the cancellation date in the notice and their respective successors and assigns) ever be liable pursuant pay all rent due. If the Lease is cancelled, the Landlord is not required to this Agreement for lost profits repair the Premises or consequential, speculative or punitive damagesthe Building.

LANDLORD'S LIABILITY. If The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of Landlord defaults are concerned, shall be limited to mean and include only the owner or owners, at the time in question, of the fee title of the Premises and Project or the lessees under this Agreement and ifground leases of the land or master leases of the Building, as a consequence if any. Landlord’s obligations hereunder shall be binding upon Landlord only for the period of time that Landlord is in ownership of such defaulttitle,, and upon termination of that ownership through a transfer, assignment or other conveyance of any such title, Tenant, except as to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest and in case of any subsequent transfer or conveyance, the then-grantee (the “Transferee”) in ownership of the Building for the satisfaction of each and every obligation of Landlord hereunder after the date of such transfer. Without further agreement, the Transferee shall be deemed to have assumed and agreed to observe and perform any and all obligations of Landlord hereunder during its ownership of such title. Within fifteen (15) days of a written request from the Transferee and the presentation of a commercially reasonable attornment document, and without charge, Tenant shall recover attorn to the Transferee and, at the option of any Mortgagees, to such Mortgagees subject to the terms of a money judgment against LandlordSubordination Agreement in effect at such time. Landlord shall have no personal liability under any of the terms, such judgment conditions or covenants of this Lease and Tenant shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center including, but not limited to, Building and/or the rents, proceeds and profits derived therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

LANDLORD'S LIABILITY. If The term “Landlord,” as used in this Lease, shall mean only the owner or owners of the Building at the time in question. In the event of any conveyance of title to the Building, then from and after the date of such conveyance, the transferor Landlord defaults shall be relieved of all liability with respect to Landlord’s obligations to be performed under this Agreement and if, as a consequence Lease after the date of such defaultconveyance. Notwithstanding any other term or provision of this Lease, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest liability of Landlord for Landlord’s breach of its obligations under this Lease is limited solely to (a) Landlord’s interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Project as the same may then from time to time be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) any Rent prepaid by Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and Landlord, (c) proceeds received by Landlord from Landlord’s all risk insurance policy covering the Building following a fire or other casualty to the Premises or the Building, if Landlord materially misappropriates such proceeds, and either (i) such proceeds are not used for repair or restoration in accordance with the provisions of Section 12 of this Lease, or (ii) this Lease is not terminated in accordance with the provisions of Section 12 of this Lease, (d) Awards received by Landlord from Condemnation, if Landlord materially misappropriates such Award, and either (iii) the Award is not used for restoration in accordance with the provisions of Section 13 of this Lease, or (iv) this Lease is not terminated in accordance with the provisions of Section 13 of this Lease, and (e) subject to the provisions of Sections 4 and 37 and 38 of this Lease, Tenant’s rights Security Deposit or letter of credit given by Tenant to Landlord; and remedies hereunder no personal liability shall at any time be limited to the extent this Agreement otherwise expressly limits Tenant’s rights asserted or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including enforceable against any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders other assets of Landlord or against Landlord’s partners or any other persons members or entities having any interest in Landlordits or their respective partners, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryshareholders, in no event shall Landlord or any Landlord’s officers, trusteesmembers, directors, partners, beneficiaries, joint venturers, members, stockholders, officers or other principals managers on account of any of Landlord’s obligations or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to actions under this Agreement for lost profits or consequential, speculative or punitive damagesLease.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all future liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or wilful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. If Landlord's obligations hereunder shall be binding upon Landlord defaults only for the period of time that Landlord is in ownership of the Building; and, upon termination of that ownership, Tenant, except as to any obligations which have then due and owing, shall look solely to Landlord's successor in interest in the Building for the satisfaction of each and every obligation of Landlord hereunder. Landlord shall have no personal liability under any of the terms, conditions or covenants of this Agreement Lease and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center includingBuilding of which the Premises form a part for the satisfaction of any claim, but not limited toremedy or cause of action accruing to Tenant as a result of the breach of any action of this Lease by Landlord. In addition to the foregoing, the rents, proceeds and profits derived therefrom as the same may then no recourse shall be constituted and encumbered, and Landlord shall not be liable had for any deficiency. In no event shall Tenant have the right to levy execution obligation of Landlord or Brandywine Realty Trust, or for any claim based on Landlord's obligations under this Lease against any property past, present of future trustee, shareholder, officer, director, agent or employee of Landlord or Brandywine Realty Trust, whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other than liability being expressly waived and released by Tenant with respect to the above-named individuals and entities. Any provisions in this Lease which purport to release Landlord of its right, title and obligations under this Lease upon any transfer of Landlord's interest in the Shopping Center Project, shall only release Landlord for said obligations accruing on and after such transfer. Any provisions in this Lease which purport to limit Tenant's recourse against Landlord to Landlord's interest in the Project shall include any and all proceeds derived from such interest, including, but not limited towithout limitation, the rentsany sales, proceeds rental and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesinsurance proceeds.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against look only to Landlord's estate, such judgment shall be satisfied against the right, title interest and interest of Landlord property in the Shopping Center includingProperty (including for these purposes, but not limited toif applicable, the rentsLetter of Credit described in Section 24.01(b) or cash proceeds thereof) for the satisfaction of Tenant's remedies hereunder or, proceeds and profits derived therefrom as for the same may then be constituted and encumbered, and collection of a judgment (or other judicial process) requiring the payment of money by Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreementhereunder, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have and no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights other property or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations assets of Landlord under this Agreement (including any actual or alleged breach or default by of Landlord) do not constitute personal obligations of the individual 's partners, officers, directors, officersshareholders or principals, members disclosed or shareholders of Landlord undisclosed, shall be subject to levy, execution or Landlord’s partners, and Tenant shall not seek recourse against other enforcement procedure for the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this AgreementLease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Premises. Notwithstanding anything contained Landlord's estate, interest and property in this Agreement the Property shall include (from and after the date of such default, act or omission by Landlord) all rents received by Landlord with respect to the contrary, in no event shall Landlord Property (or any Landlord’s officersportion thereof), trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, the consideration or proceeds of any sale or other principals conveyance of Landlord's estate, interest and property in the Property (or representativesany portion thereof), disclosed the proceeds of a financing or undisclosed refinancing received by Landlord from the grant of any mortgage interest in Landlord's estate, interest and property in the Property (or any portion thereof), and their respective successors any insurance proceeds or Awards relating to the Property, to the extent not previously applied to the restoration of the Property. For the purposes of this Section 29.01, the terms "consideration" and assigns) ever be liable pursuant to this Agreement for lost profits "proceeds" of a sale, conveyance or consequentialfinancing shall not include the amount of indebtedness, speculative theretofore secured by a third-party mortgage lien against the Property, repaid by such consideration or punitive damages.proceeds. ARTICLE THIRTY Intentionally Omitted ARTICLE THIRTY-ONE

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Office Park and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Office Park, Tenant agrees to look solely to Landlord's equity interest in the Office Park for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, trustee, beneficiary, officer, director, member, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directorstrustees or beneficiaries or members of Landlord, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders any of Landlord or against Landlord’s partners or any other said persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

LANDLORD'S LIABILITY. Tenant agrees to look only to Landlord’s interest in the Land and Building for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults under this Agreement from time to time transfers its interest in the Land and ifBuilding (or part thereof which includes the Premises), as a consequence of then from and after each such default, transfer Tenant shall recover a money judgment against look solely to the interests in the Land and Building of each of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest performance of all of the obligations of Landlord in hereunder (or under any related instrument, so long as such transferee has assumed the Shopping Center includingobligations of Landlord hereunder). The obligations of Landlord shall not be binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any successor, individually, but only upon Landlord’s or such successor’s interest described above. The obligations of Tenant shall not limited tobe binding on any partners, shareholders, members, managers, directors, officers, trustees, or beneficiaries of Tenant, individually, but only upon Tenant or any successor or assign of Tenant. Except for the rentsnegligence or willful misconduct of Landlord or any of the Indemnitees (as such term is defined in Section 5.5.1), proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable to Tenant and Tenant hereby waives all claims against Landlord for any deficiencyinjury or damage to any person or property whatsoever. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights Except as provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryLease, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) Tenant ever be liable pursuant for any indirect or consequential damages. It is expressly agreed by Landlord and Tenant that business interruption costs and expenses are indirect and consequential damages under the terms of this Lease and no other property assets of Landlord shall be subject to this Agreement levy, execution or other enforcement procedures for lost profits satisfaction of any judgment or consequential, speculative or punitive damagesdecree in favor of Tenant.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent Xxxxxx agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Xxxxxx hereby agrees to look solely to Xxxxxxxx’s transferee for the performance of Xxxxxxxx’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Xxxxxx’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Xxxxxx agrees to look solely to Landlord’s equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreementassets. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.​

LANDLORD'S LIABILITY. If the Building shall be sold, leased or otherwise transferred, Landlord defaults shall be relieved of all future obligations and liabilities hereunder arising from and after the date of the transfer and the transferee shall be deemed to have assumed and agreed to perform all such obligations and liabilities of Landlord under this Agreement and if, as a consequence Lease. In the event of such defaultsale, Tenant lease or transfer, Landlord shall recover a money judgment against also be relieved of all existing obligations and liabilities hereunder provided that the transferee assumes in writing such obligations. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such judgment shall be satisfied against the rightpartners), title and interest if Landlord is a partnership, Confidential Treatment Requested by Compass, Inc. Pursuant to 17 C.F.R. Section 200.83 nor ally member of Landlord, if Landlord in the Shopping Center including, but not is a limited toliability company (collectively, the rents“Parties”), proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencythe performance of Landlord’s obligations under this Lease. In no event Tenant shall Tenant have the right look solely to levy execution Landlord to enforce Landlord’s obligations hereunder and shall not seek ally damages against any property of the Parties. The liability of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by for Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord ’s obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant Lease shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersinterest in the Building and the Real Property (including, without limitation, any insurance, condemnation and sales or refinance proceeds thereof) and Tenant shall not seek recourse against the individual partners, directors, officers, members look to any other property or shareholders assets of Landlord or against the property or assets of any of the Parties in seeking either to enforce Landlord’s partners obligations under this Lease or any other persons or entities having any interest in to satisfy a judgment for Landlord, or any of their personal assets for satisfaction of ’s failure to perform such obligations. Neither Landlord nor Tenant shall have any liability with respect to for any consequential or punitive damages under this Agreement. Notwithstanding anything contained in this Agreement to the contraryLease, in no event shall Landlord or any Landlordexcept for Tenant’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable liability pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesSubsection 19B hereof.

LANDLORD'S LIABILITY. 13.401 TENANT'S RIGHTS IN RESPECT OF LANDLORD DEFAULT. Tenant is granted no contractual right of termination by this Lease, except to the extent and only to the extent set forth in Sections 5.4, 7.1, 8.2 and 12.2 above and Rider H-2 attached hereto. In the event that Landlord commits a default hereunder, Tenant may pursue any remedies available to Tenant at law or in equity; provided, however, Landlord's liability hereunder shall be limited as provided in Section 13.402 hereof. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such 18 19 judgment shall be satisfied against only out of the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then be constituted and encumbered, encumbered and Landlord shall not be liable for any deficiency. If Landlord is found to be in default hereunder by reason of its failure to give a consent that it is required to give hereunder, Tenant's sole remedy will be an action for specific performance or injunction. The foregoing sentence shall in no event be construed as mandatorily requiring Landlord to give consents under this Lease. In no event shall Landlord be liable to Tenant for consequential or special damages by reason of a failure to perform (or a default) by Landlord hereunder or otherwise. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Property as hereinbefore expressly provided. Notwithstanding the foregoing, however, Tenant shall also have the right to satisfy a judgment against Landlord out of (a) the proceeds collected by Landlord or which Landlord has the right to collect from any insurer with respect to damage or destruction of all or any part of the Project; (b) the proceeds of any sale of all or any part of Landlord's right, title and interest in all or any part of the Shopping Center including, but not limited to, Project; (c) the rents, proceeds and profits derived therefrom. Upon of any such uncured default by Landlord, Tenant may exercise any of its rights provided at law loan secured in whole or in equity; providedpart by the project or all or any part of Landlord's right, however: (a) Tenant shall have no right to offset title or xxxxx rent interest in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breachProject; and (cd) Tenant’s rights any and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default all rents collected by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against which Landlord has the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability right to collect with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord all or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagespart of the Project.

LANDLORD'S LIABILITY. If No Landlord defaults under this Agreement shall be liable for any obligation or liability based on or arising out of any event or condition occurring during the period that such Landlord was not the owner of the Building or a landlord’s interest therein. Upon request and if, as a consequence of such defaultwithout charge, Tenant shall recover attorn to any successor to Landlord’s interest in this Lease provided such transferee assumes the obligations of Landlord hereunder that arise from and after the date of the transfer. Landlord may transfer its interest in the Building without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a money judgment against violation on Landlord’s part of any of the terms of this Lease. Upon any sale of the Building, such judgment Landlord shall be satisfied against relieved of all responsibility for the rightPremises and shall be released from any liability thereafter accruing under this Lease provided such transferee assumes the obligations of Landlord hereunder that arise from and after the date of the transfer. Landlord shall have no personal liability under any of the terms, title conditions, or covenants of this Lease. Tenant and interest Tenant Agents shall look solely to the equity of Landlord in the Shopping Center including, but not limited to, Building and/or the rents, net proceeds and profits derived actually received therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy, or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

LANDLORD'S LIABILITY. If Anything in this Lease to the contrary notwithstanding, the covenants, undertakings and agreements herein made on the part of Landlord defaults under this Agreement are made and ifintended not as personal covenants, as a consequence undertakings and agreements for the purpose of such default, Tenant shall recover a money judgment against binding Landlord personally or the assets of Landlord, such judgment shall be satisfied against but are made and intended for the right, title and purpose of binding only Landlord’s interest of Landlord in the Shopping Center includingLeased Premises and University Village, but not limited to, the rents, proceeds and profits derived therefrom as the same may then from time to time be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have consideration of the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlordbenefits accruing hereunder, Tenant may exercise any of its rights provided at law or in equity; providedand all successors and assigns, however: (a) Tenant shall have no right to offset or xxxxx rent covenant and agree that in the event of any actual or alleged failure, breach or default hereunder by Landlord under this AgreementLandlord, except to the extent offset rights are specifically provided to sole and exclusive remedy of Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to against the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersinterest in the Leased Premises and University Village, and Tenant shall not seek recourse against the individual partners, directors, officers, members no general or shareholders limited partner of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction director, officer, agent or employee of any liability with respect to this Agreementcorporation which is the Landlord or a general or limited partner of Landlord, shall be sued or named as a party in any such suit or action and no judgment shall be taken against any such general or limited partner of Landlord. Notwithstanding anything contained in this Agreement to the contrary, in no event shall In case Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, successor owner of University Village shall convey or other principals or representatives, disclosed or undisclosed otherwise dispose of any portion thereof in which the Leased Premises are located to another party (and their respective successors nothing herein shall be construed to restrict or prevent such conveyance or disposition), such other party shall thereupon be and assigns) ever become landlord hereunder and shall be deemed to have fully assumed and be liable pursuant for all obligations of this Lease to this Agreement for lost profits be performed by Landlord, including the return of any Security Deposit. Tenant shall attorn to such other party, and Landlord or consequentialsuch successor owner shall, speculative or punitive damagesfrom and after the date of conveyance, be free of all liabilities and obligations hereunder.

LANDLORD'S LIABILITY. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided in Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be MULTI-TENANT - MODIFIED NET Eight-L 1993 -19- Initials_____/_____ performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this lease, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default or breach by Landlord under with respect to any of the terms of the Lease to be observed and performed by Landlord (a) Tenant shall look solely to the estate and property (which is the subject of this Agreementlease) of Landlord or any successor in interest in the property and the Industrial Center and all proceeds therefrom, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any successor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies;(c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partner’s, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.