Common use of LESSOR'S LIABILITY Clause in Contracts

LESSOR'S LIABILITY. 5.2.1 Notwithstanding any provision to the contrary in this Lease, the Parties agree and acknowledge that HSBCITS has entered into this Lease only in its capacity as the trustee of the REIT and not in its personal capacity and all references to the “Lessor” in this Lease shall be construed accordingly. Accordingly, notwithstanding any provision to the contrary in this Lease, HSBCITS has assumed all obligations under this Lease only in its capacity as the trustee of the REIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Lease is given by HSBCITS in its capacity as trustee of the REIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Lease is limited to the assets of or held on trust for the REIT over which HSBCITS in its capacity as trustee of the REIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the REIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Lease shall only be in connection with the matters relating to the REIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. 5.2.2 Notwithstanding any provision to the contrary in this Lease, it is hereby acknowledged and agreed that the obligations of the Lessor under this Lease will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Lease. 5.2.3 For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Lease shall be brought against HSBCITS in its capacity as trustee of the REIT and not in its personal capacity. 5.2.4 This Clause 5 .2 shall survive the termination or rescission of this Lease. 5.2.5 The provisions of this Clause 5.2 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Lease as if expressly set out in such notice, certificate or document.

LESSOR'S LIABILITY. 5.2.1 (a) Notwithstanding any provision to the contrary in this LeaseAgreement, the Parties agree and acknowledge that HSBCITS HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Lease Agreement only in its capacity as the trustee of the REIT AREIT and not in its personal capacity and all references to the “Lessor” in this Lease Agreement shall be construed accordingly. Accordingly, notwithstanding any provision to the contrary in this LeaseAgreement, HSBCITS has assumed all obligations under this Lease Agreement only in its capacity as the trustee of the REIT AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Lease Agreement is given by HSBCITS in its capacity as trustee of the REIT AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Lease Agreement is limited to the assets of or held on trust for the REIT AREIT over which HSBCITS in its capacity as trustee of the REIT AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the REITAREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Lease Agreement shall only be in connection with the matters relating to the REIT AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. 5.2.2 (b) Notwithstanding any provision to the contrary in this LeaseAgreement, it is hereby acknowledged and agreed that the obligations of the Lessor under this Lease Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this LeaseAgreement. 5.2.3 (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Lease Agreement shall be brought against HSBCITS in its capacity as trustee of the REIT AREIT and not in its personal capacity. 5.2.4 (d) This Clause 5 .2 28 shall survive the termination or rescission of this LeaseAgreement. 5.2.5 (e) The provisions of this Clause 5.2 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Lease Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. 5.2.1 (a) Lessor represents that it is the owner of the real estate upon which the Demised Premises is located. In the event of the voluntary transfer of such ownership or right to a successor-in-interest of Lessor, Lessor shall be freed and relieved of all liability and obligations hereunder which shall thereafter accrue, (and, as to any unapplied portion of Lessee's security deposit, Lessor shall be relieved of all liability therefore upon transfer of such portion to their successor in interest) and Lessee shall look solely to such successor in interest for the performance of the covenants and obligations of the Lessor hereunder which shall thereafter accrue. Notwithstanding the foregoing, no mortgagee or ground lessor which shall succeed to the interest of Lessor hereunder (either in terms of ownership or possessory rights) shall unless there exists at the time of transfer, a continuing event of Lessor's default for which the transferee has agreed in writing to be responsible: (i) Be liable for any provision previous act or omission of a prior lessor; (ii) Be subject to any rental offsets or defenses against a prior lessor; (iii) Be bound by any amendment of this Lease made without its written consent or by payment of Lessee of rent in advance in excess of one month's rent; or (iv) Be liable for any security not actually received by him. Subject to the foregoing, the provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of Lessor. Notwithstanding anything to the contrary contained in this Lease, the Parties agree and acknowledge that HSBCITS has entered into this Lease only any liability of Lessor, their agents, partners or employees, arising out of or in its capacity as the trustee respect of the REIT and not in its personal capacity and all references to the “Lessor” in this Lease shall be construed accordingly. Accordingly, notwithstanding any provision to the contrary in this Lease, HSBCITS has assumed all the Demised Premises or the Building, shall be limited to Lessor's estate or other title or interest in the Demised Premises, and, if Lessor shall default in the performance of Lessor's obligations under this Lease only or otherwise, Lessee shall look solely to the equity of Lessor in its capacity as their interest in the trustee of the REIT and not Demised Premises. (b) Notwithstanding anything contained in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Lease is given to the contrary, Lessor shall have no liability to Lessee for consequential, compensatory or punitive damages of any nature whatsoever. Any claim by HSBCITS in its capacity as trustee of Lessee against Lessor for the REIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Lease is damages shall be limited to the assets of or held on trust for the REIT over which HSBCITS in its capacity as trustee of the REIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held minimum rent paid by HSBCITS as the trustee of any trust (other than for the REIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Lease shall only be in connection with the matters relating to the REIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. 5.2.2 Notwithstanding any provision to the contrary in this Lease, it is hereby acknowledged and agreed that the obligations of the Lessor under this Lease will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Lease. 5.2.3 For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere Lessee during such breach if so awarded pursuant to this Lease shall be brought against HSBCITS in its capacity as trustee of the REIT and not in its personal capacityParagraph 37 hereof. 5.2.4 This Clause 5 .2 shall survive the termination or rescission of this Lease. 5.2.5 The provisions of this Clause 5.2 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Lease as if expressly set out in such notice, certificate or document.

LESSOR'S LIABILITY. 5.2.1 Notwithstanding The term "Lessor" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Premises, and in the event of any provision transfer of such title or interest, the Lessor 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 Lessor's obligations thereafter to the contrary in be performed by Lessor under this Lease, provided that any funds held by Lessor or the Parties agree and acknowledge that HSBCITS has entered into this Lease only in its capacity as then transferor at the trustee time of such transfer under the REIT and not in its personal capacity and all references to the “Lessor” in provisions of this Lease shall be construed accordingly. Accordingly, notwithstanding any provision delivered to the contrary transferee and that such transferee assumes in this Lease, HSBCITS has assumed all obligations under this Lease only in its capacity as the trustee of the REIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Lease is given by HSBCITS in its capacity as trustee of the REIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Lease is limited to the assets of or held on trust for the REIT over which HSBCITS in its capacity as trustee of the REIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the REIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Lease shall only be in connection with the matters relating to the REIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. 5.2.2 Notwithstanding any provision to the contrary in this Lease, it is hereby acknowledged and agreed that full the obligations of the "Lessor" under this Lease which are to be performed from and after the effective date of the transfer. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership. Notwithstanding any provision of this Lease to the contrary, Lessee agrees that it shall look solely to the estate and property of the Lessor in the Premises (including, but not limited to, any proceeds derived from the sale of the Premises or any portion of the Premises), subject to the prior rights of any mortgagee or holder of a deed of trust encumbering the Premises or any portion thereof and subject to the Lessor's rights under a leasehold interest in the Premises or any part thereof, if any, for the collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by Lessor, and no other asset of Lessor shall be subject to any levy, execution or other process for the satisfaction of Lessee's remedies under this Lease. No officer, director, administrator, employee, agent, or attorney of Lessor shall be personally liable for any default of Lessor under this Lease will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Lease. 5.2.3 For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Lease shall be brought against HSBCITS in its capacity as trustee of the REIT and not in its personal capacity. 5.2.4 This Clause 5 .2 shall survive the termination or rescission of this Lease. 5.2.5 The provisions of this Clause 5.2 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Lease as if expressly set out in such notice, certificate or document.

LESSOR'S LIABILITY. 5.2.1 Notwithstanding The term "LESSOR" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Premises, and in the event of any provision transfer of such title or interest, the Lessor 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 Lessor's obligations thereafter to the contrary in be performed by Lessor under this Lease, provided that any funds held by Lessor or the Parties agree and acknowledge that HSBCITS has entered into this Lease only in its capacity as then transferor at the trustee time of such transfer under the REIT and not in its personal capacity and all references to the “Lessor” in provisions of this Lease shall be construed accordingly. Accordingly, notwithstanding any provision delivered to the contrary transferee and that such transferee assumes in this Lease, HSBCITS has assumed all obligations under this Lease only in its capacity as the trustee of the REIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Lease is given by HSBCITS in its capacity as trustee of the REIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Lease is limited to the assets of or held on trust for the REIT over which HSBCITS in its capacity as trustee of the REIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the REIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Lease shall only be in connection with the matters relating to the REIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. 5.2.2 Notwithstanding any provision to the contrary in this Lease, it is hereby acknowledged and agreed that full the obligations of the "Lessor" under this Lease which are to be performed from and after the effective date of the transfer. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership. Notwithstanding any provision of this Lease to the contrary, Lessee agrees that it shall look solely to the estate and property of the Lessor in the Premises (including, but not limited to, any proceeds derived from the sale of the Premises or any portion of the Premises), subject to the prior rights of any mortgagee or holder of a deed of trust encumbering the Premises or any portion thereof and subject to the Lessor's rights under a leasehold interest in the Premises or any part thereof, if any, for the collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by Lessor, and no other asset of Lessor shall be subject to any levy, execution or other process for the satisfaction of Lessee's remedies under this Lease. No officer, director, administrator, employee, agent, or attorney of Lessor shall be personally liable for any default of Lessor under this Lease will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Lease. 5.2.3 For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Lease shall be brought against HSBCITS in its capacity as trustee of the REIT and not in its personal capacity. 5.2.4 This Clause 5 .2 shall survive the termination or rescission of this Lease. 5.2.5 The provisions of this Clause 5.2 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Lease as if expressly set out in such notice, certificate or document.

LESSOR'S LIABILITY. 5.2.1 Notwithstanding The term "Lessor" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in an underlying lease of the Premises, and in the event of any provision transfer of such title or interest, the Lessor 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 Lessor's obligations thereafter to the contrary in be performed by Lessor under this Lease, provided that any funds held by Lessor or the Parties agree and acknowledge that HSBCITS has entered into this Lease only in its capacity as then transferor at the trustee time of such transfer under the REIT and not in its personal capacity and all references to the “Lessor” in provisions of this Lease shall be construed accordingly. Accordingly, notwithstanding any provision delivered to the contrary transferee and that such transferee assumes in this Lease, HSBCITS has assumed all full the obligations of the "Lessor" under this Lease only in its capacity as which are to be performed from and after the trustee effective date of the REIT and not transfer. The obligations contained in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Lease is given to be performed by HSBCITS in its capacity Lessor shall, subject as trustee aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of the REIT and not in its personal capacity and ownership. Notwithstanding any power and/or right conferred on any receiver, attorney, agent and/or delegate under provision of this Lease is limited to the assets of or held on trust for the REIT over which HSBCITS in its capacity as trustee of the REIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the REIT). Any obligationcontrary, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor Lessor's liability under this Lease shall only be in connection with the matters relating limited to the REIT lesser of Five Million Dollars ($5,000,000) and shall Lessor's interest in the Project (including, but not extend limited to, insurance and condemnation proceeds and any proceeds derived from the sale of the Project or any portion of the Project), subject to the obligations of HSBCITS in respect prior rights of any mortgagee or holder of a deed of trust encumbering the Project or any portion thereof and subject to any lessor's rights under a leasehold interest in the Project or any part thereof, if any, for the collection of any judgment (or other trust judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or real estate investment trust performed by Lessor, and no other asset of which it is trustee. 5.2.2 Notwithstanding Lessor shall be subject to any provision to levy, execution or other process for the contrary in satisfaction of Lessee's remedies under this Lease. No officer, it is hereby acknowledged and agreed that the obligations director, administrator, employee, agent, or attorney of the Lessor shall be personally liable for any default of Lessor under this Lease will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Lease. 5.2.3 For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Lease shall be brought against HSBCITS in its capacity as trustee of the REIT and not in its personal capacity. 5.2.4 This Clause 5 .2 shall survive the termination or rescission of this Lease. 5.2.5 The provisions of this Clause 5.2 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Lease as if expressly set out in such notice, certificate or document.