Common use of Landlord Liability Clause in Contracts

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area), and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease.

Landlord Liability. Tenant All obligations of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall neither assert nor seek to enforce any claim mean only the owner, for breach the time being of this Lease against any the Property, and in the event of Landlord’s assets other than Landlord’s the transfer by such owner of its interest in the Office Area (including uncollected rentProperty, insurance such owner shall thereupon be released and condemnationdischarged from all covenants and obligations of the LANDLORD thereafter accruing, but subject to such covenants and obligations shall be binding during the rights Lease term upon each new owner for the duration of such owner’s ownership. Notwithstanding any other provision hereof, LANDLORD shall not have any personal liability hereunder. In the event of any mortgagee and to Landlord’s right to use breach or default by LANDLORD in any insurance and condemnation proceeds for the purposes term or provision of repairing and restoring the Office Area)this Lease, and Tenant TENANT agrees to look solely to such the equity or interest for then owned by LANDLORD in the satisfaction land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any liability of Landlord under kind be sought or obtained against any LANDLORD which is now or hereafter a party to this Lease. In the event of LANDLORD’S material breach of the Lease or default thereunder and failure to cure such breach or default within thirty (30) days after receipt of written notice from TENANT, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent TENANT shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant have the right to terminate this Lease, or cancel this Lease or in, TENANT’S discretion to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval terminate TENANT’S obligations under this Lease, the sole recourse and remedy of Tenant effective immediately, in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent either case without any further obligations or approvalliabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in no event equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall Landlord be responsible for any damages of whatever nature in respect of not have the right to terminate the Lease so long as the cure was commenced within thirty (30) days and LANDLORD is diligently pursuing its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Leasecompletion.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area)Building, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office AreaBuilding, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises demised premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of the Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall the Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of the Tenant under this Lease or act as any termination of this Lease. In no event shall Landlord or Tenant ever be liable to the other party for any indirect or consequential damages, or for loss of profits or the like suffered from whatever cause; provided however, the foregoing shall not in any way apply to or otherwise limit Landlord’s remedies with respect to any hold over of Tenant after the expiration or earlier termination of this Lease.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rentBuilding and Land and any sale, insurance or condemnation proceeds thereof (provided that Tenant’s right to reach insurance and condemnation, but subject to the rights of any mortgagee and condemnation proceeds shall be subordinate to Landlord’s right to use any insurance and condemnation such proceeds for the purposes of repairing and restoring the Office AreaBuilding and the Project), and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office AreaBuilding or Land, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease (except as expressly set forth herein) or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area)Building, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest interest: is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, Building; as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises demised premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of the Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall the Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of the Tenant under this Lease or act as any termination of this Lease.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area)Project, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office AreaProject, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease (except as expressly set forth herein) or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord either party ever be liable for any indirect or consequential damages or loss of profits or the like. In Upon any sale or transfer of Landlord’s interest in the event that Premises, Landlord shall be determined freed of any liability or obligation thereafter arising under this Lease and, thereafter, Tenant shall look solely to have wrongfully withheld any consent the transferee landlord for satisfaction of such liability or approval obligation thereafter arising under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease.

Landlord Liability. Tenant In no event shall neither assert nor seek Landlord be in default hereunder unless it has failed to enforce cure such default within thirty (30) days after written notice (or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to proceed diligently to cure such default after written notice). It is expressly understood and agreed that any money judgment resulting from any default or other claim for breach of arising under this Lease against any shall be satisfied only out of Landlord’s assets other than Landlord’s interest in the Office Area Building, and no other real, personal or mixed property of Landlord (including uncollected rentthe term “Landlord” for purposes of this section only shall mean any and all partners, insurance both general and/or limited, officers, directors, shareholders, members and condemnationbeneficiaries, but if any, who comprise Landlord), wherever situated, shall be subject to levy on any judgment obtained against Landlord. Tenant hereby waives, the rights of extent waivable under law, any mortgagee and to Landlord’s right to use any insurance and condemnation proceeds for the purposes of repairing and restoring the Office Area), and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief satisfy a money judgment against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person except from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Areathe Building. If such interest is not sufficient for the payment of such judgment, Tenant will not institute any further action, suit, claim or demand, in law or in equity, against Landlord for or on the account of such deficiency. Notwithstanding anything herein contained to the contrary, Tenant hereby waives, to the extent waivable under law, any right to specific performance in the event of Landlord’s default referred to herein, and Tenant expressly agrees that except as provided in the immediately following sentence, Tenant’s remedy shall be limited to the monetary damages referred to in this Section. Notwithstanding the foregoing, in the event of failure by Landlord to give any consent, as aforesaid, but provided in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the Tenant’s sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approvalan action for specific performance at law, and but in no event shall Landlord be responsible in monetary damages for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Leaseconsent.

Landlord Liability. Notwithstanding anything to the contrary in this Lease, neither Landlord nor Landlord’s Affiliates shall be personally responsible or liable for any representation, warranty, covenant, undertaking or agreement contained in the Lease, and the sole right and remedy of the Tenant or any subsequent sublessee or assignee shall neither assert be satisfied only out of the current rents and revenues of the Premises, net of all current operating expenses, liabilities, reserves and debt service and that no real or personal property of Landlord, Xxxxxxxx’s Affiliates, or their successors or assigns shall be subject to levy on any judgment obtained against Landlord. Neither Tenant nor any subsequent sublessee or assignee shall seek to enforce obtain any claim for breach of this Lease judgment imposing personal liability against Landlord, Landlord’s Affiliates, or their successors or assigns nor execute upon any judgment or place any lien against any of Landlord’s assets property other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area), and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the likePremises. In the event Landlord fails or refuses to perform any of the provisions, covenants or conditions of this Lease on Landlord's part to be kept or performed, Tenant, prior to exercising any other right or remedy Tenant may have against Landlord on account of any such default, shall provide thirty (30) days written notice to Landlord of such default, specifying in reasonable detail the alleged nature of the default and specifically referencing each paragraph and subparagraph which Xxxxxx believes to be in default. Notwithstanding any other provision hereof, Xxxxxx agrees that if said default is of such a nature that the same can be rectified or cured by Landlord but cannot with reasonable diligence be rectified or cured within said thirty (30) day period, then such default shall be determined deemed to be rectified or cured if Landlord within said thirty (30) day period shall have wrongfully withheld any consent diligently commenced the rectification or approval under this Lease, the sole recourse curing thereof and remedy of Tenant in respect thereof shall be diligently continue thereafter to specifically enforce Landlord’s obligation cause such rectification or curing to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure proceed to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Leasecompletion.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area Building and Site (including uncollected rent, insurance and condemnation, but subject to the rights proceeds of any mortgagee and to Landlord’s right to use any insurance and condemnation proceeds for the purposes of repairing and restoring the Office Areaclaim or eminent domain proceeding in connection therewith), and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust trust of which any person from time to time holding Landlord’s interest is Trusteetrustee, nor any such Trustee, trustee nor any member, manager, partner, director or stockholder stockholder, nor Landlord’s managing agent agent, shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trusteetrustee, or of any such Trusteetrustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, agent to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office AreaProperty (and the proceeds of any insurance claim or eminent domain proceeding in connection therewith), as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises demised premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord either party hereto ever be liable for any indirect or consequential damages or loss of profits or the like. In , provided that the event that foregoing shall not limit or alter any procedural right or remedy of Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval Lease nor shall the same otherwise affect apply to the obligations of Tenant with respect to any holdover by Tenant after the expiration or earlier termination of this Lease or the obligations under this Lease or act as any termination of this Leasewith respect to Hazardous Materials.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including Building, and the uncollected rentrents, insurance issues and condemnationprofits therein, but and, subject to the rights of any mortgagee of Landlord and to Landlord’s right of Landlord to use any such proceeds or awards for reconstruction, the insurance proceeds and condemnation proceeds for the purposes of repairing and restoring the Office Area)taking awards therefor, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office AreaBuilding, as aforesaid, but but, except as may be specifically otherwise herein provided, in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises demised premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease. Tenant shall not be liable for any indirect or consequential damages or loss of profits or the like except as set forth in Section 16.18 in the case where Tenant holds over in the Premises after the expiration or earlier termination of this Lease, as the case may be.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area)Property, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office AreaBuilding, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises demised premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of the Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall the Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of the Tenant under this Lease or act as any termination of this Lease.

Landlord Liability. No owner of the Demised Premises, whether or not named herein, shall have liability hereunder after it ceases to hold title to the Demised Premises except for accrued liabilities. Neither Landlord nor Tenant nor any officer, director, shareholder, partner or principal of Landlord or Tenant, whether disclosed or undisclosed, shall be under any personal liability with respect to any of the provisions of this Lease. In the event Landlord is in breach or default with respect to Landlord's obligations or otherwise under this Lease, Tenant shall neither assert nor seek look solely to enforce any claim for breach the equity of this Lease against any of Landlord’s assets other than Landlord’s interest Landlord in the Office Area Building for the satisfaction of Tenant's remedies, which includes, without limitation, (including uncollected rent, insurance a) net proceeds of sale actually received by Landlord and condemnation, but subject to the rights of any mortgagee and to Landlord’s right to use any (b) insurance and condemnation proceeds actually received by Landlord (net of costs of collection and any transfer of such proceeds to any Lender) which have not been used to restore the Building. It is expressly understood and agreed that Landlord's liability under the terms, covenants, conditions, warranties and obligations of this Lease shall in no event exceed the loss of Landlord's equity interest in the Building (which equity interest shall be deemed to be the greater of (y) Landlord's actual equity interest in the Building or (z) twenty percent (20%) of the then fair market value of the Building) . However, if Tenant has received a final judgment, not subject to appeal, for the purposes damages against Landlord as a result of repairing and restoring the Office Area), and Tenant agrees to look solely to such interest for the satisfaction of any liability of an uncured default by Landlord under this Lease, it being specifically agreed that neither which judgment exceeds Landlord's equity in the Building, nor any successor holder and Landlord fails to pay said amount within sixty (60) days from the date of Landlord’s interest hereunderthe final judgment, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that then Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant will have the right to terminate or cancel this Lease or deduct the unpaid amount of such judgment against the Base Rent and Additional Rent to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant become due under this Lease or act as any termination of this Leaseuntil fully credited.

Landlord Liability. In no event shall Landlord be liable to Tenant either for (i) any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whomsoever, unless the same shall neither assert nor seek have directly resulted from the gross negligence or willful misconduct of the Landlord, its employees, agents or contractors, or (ii) any consequential damages regardless of causation. With respect to enforce tort claims against Landlord, Landlord shall not be liable to Tenant or to any claim other person for breach any act or omission of Landlord or of its agents or employees, negligent or otherwise, except for actual damages or costs incurred as a direct result of and caused directly by the willful misconduct or gross negligence of Landlord (or of Landlord's agents or employees) in circumstances in which Landlord is deemed to be liable at law for such acts or omissions. Nothing contained in the immediately preceding sentence shall ever be construed as creating liability in excess of that existing at law or, in any event, increasing the liability of Landlord, under any theory or cause of action, however denominated, from that existing at law. Further, the liability of Landlord to Tenant for (a) any default by Landlord under the terms of this Lease against Lease, (b) for any tort liability of Landlord’s assets Landlord to Tenant, or (c) in any other than Landlord’s circumstance in which Landlord is judicially determined to have some liability to Tenant, for whatever reason, shall, in each such instance, be limited to the interest of Landlord in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area), Property and Tenant agrees to look solely to such Landlord's interest in the Property for the satisfaction recovery of any liability judgment from the Landlord, it being intended that Landlord shall never be personally liable for any judgment or deficiency. Further, Landlord shall not be liable to Tenant for any loss or damage to any Property Or person occasioned by theft, fire, act of God, windstorm, flood or other natural disasters, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority or by any other causes, except if specifically provided for in this Lease. Nor shall Landlord be liable for any damage or inconvenience which may arise through (i) the leasing of other space within the Property to whomsoever Landlord chooses for whatever use is allowed by Landlord, so long as the use is legal, or (ii) repair or alteration of any part of the Property or Premises or to the construction of leasehold improvements for other tenants in the Property. In the event of any alleged default in the obligation of Landlord under this Lease, it being specifically agreed that neither LandlordTenant will deliver to Landlord notice of such default and Landlord will have thirty (30) days following receipt of such notice to cute such alleged default or, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever in the event the alleged default cannot reasonable be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successorscured within a thirty-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agentday period, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof commence action and a reasonable opportunity for Landlord proceed diligently to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Leasealleged default.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area)Building, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office AreaBuilding, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises demised premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of the Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall the Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of the Tenant under this Lease or act as any termination of this Lease. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of 200 Xxxxxxxxx Xxxxxx – Advent Technologies profits or the like in connection with this Lease.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including Building and the uncollected rentrents, insurance issues and condemnationprofits therein, but and, subject to the rights of any mortgagee and of Landlord which is unrelated to Landlord’s right , and of Landlord to use any such proceeds or awards for reconstruction, the insurance proceeds and condemnation proceeds for the purposes of repairing and restoring the Office Area)taking awards therefor, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said the Office AreaBuilding and the uncollected rents, issues and profits therein, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except (i) in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same, and (ii) as set forth in Section 14.3 of this Lease. In no event shall Landlord either party ever be liable for any indirect or consequential damages or loss of profits or the like. In , except that the event that Landlord foregoing limitation of liability shall be determined inapplicable to have wrongfully withheld any consent or approval Tenant’s obligations and liabilities under this Lease, the sole recourse and remedy Section 16.18 of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease(subject to the limitations set forth in Section 16.18(B)).

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area)Building, and Tenant Xxxxxx agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding LandlordXxxxxxxx’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor LandlordXxxxxxxx’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or LandlordXxxxxxxx’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from LandlordXxxxxxxx’s assets other than Landlord-81- Xxxxxxxx’s interest in said Office AreaBuilding, as aforesaid. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. Notwithstanding anything to the contrary in the Lease contained, but except for Xxxxxxxx’s right to recover damages in accordance with Section 16.18, neither Tenant nor Tenant’s agents or employees (or any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives and the like, disclosed or undisclosed, thereof) shall be liable to Landlord for indirect or incidental damages, or lost profits of Landlord. In no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except as otherwise expressly provided in Section 7.6 of the Lease, or in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect , or consequential damages or loss of profits or the likeexcept as otherwise expressly set forth in this Lease. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of the Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall the Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of the Tenant under this Lease or act as any termination of this Lease.

Landlord Liability. It is expressly understood and agreed by Tenant shall neither assert nor seek to enforce that ------------------ none of Landlord's covenants, understandings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord, and any claim liability for damage or breach of this Lease against any non-performance by Landlord shall be collectible only out of Landlord’s assets other than Landlord’s 's interest in the Office Area (including uncollected rent, insurance buildings and condemnation, but subject to the rights of any mortgagee land and to Landlord’s right to use any insurance and condemnation proceeds for the purposes of repairing and restoring the Office Area), and Tenant agrees to look solely to such interest for the satisfaction of any no personal liability of Landlord under this Lease, it being specifically agreed that neither Landlordis assumed by, nor at any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever may be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief asserted against Landlord or Landlord’s successors-in-interesthis heirs, or to take any other action which shall not involve the personal liability of Landlordlegal representatives, or of any successor holder of Landlord’s interest hereunderall such liabilities, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trusteeif any, or of any such Trusteebeing expressly waived and released by Xxxxxx. Provided, or of any managerhowever, member, partner, director or stockholder of if Xxxxxx obtains a final judgement against Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or based upon breach by Landlord of its covenants his covenants, warranties, undertakings or any warranties or promises hereunder, except agreements contained in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of if Landlord does not satisfy such judgement within thirty (30) days after entry thereof, Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approvalmay, successively if necessary (and in no event shall addition to all other rights and remedies provided at law or in equity or elsewhere herein) set off the amount of such judgement against the rent or any other amounts payable to Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall by Tenant hereunder next due under the same otherwise affect the obligations of Tenant under this Lease or act as any termination provisions of this Lease. Anything herein to the contrary notwithstanding, the waiver of Landlords personal liability set forth in this Paragraph 39 shall not apply to any liabilities of Landlord arising pursuant to Paragraph 35, Hazardous Waste, or for over-payment of any rent by Tenant. It is further expressly understood and agreed by Xxxxxx that Landlord reserves the right, at any time during the Lease Term, to transfer title to the demised premises free from any Right of First Refusal set forth in Paragraph 37 to a Limited Liability Company or other limited liability entity providing Landlord retains a controlling interest in said company or entity.

Landlord Liability. Tenant Landlord shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area), and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever not be personally liable for any failure of Repair and Service Obligations, unless such liabilityfailure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance or of the interruption of services is given to Landlord by Tenant. This paragraph Landlord shall not limit be liable for any right that Tenant might otherwise have injury to obtain injunctive relief against Landlord or Landlord’s successors-in-interestinterference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building, the Premises, or the Property, or to take any other action which fixtures, appurtenances, and equipment therein. Landlord shall not involve the personal have any liability of Landlordfor any inconvenience, annoyance, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person disturbance resulting from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach performance by Landlord of its covenants or any warranties or promises hereunderRepair and Service Obligations. Without limiting the generality of this Section 12, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible have any liability for consequential damages resulting from any damages act or omission of whatever nature Landlord in respect of its failure Repair and Service Obligations, even if Landlord has been advised of the possibility of such consequential damages. Landlord, its agents, employees or contractors, shall conduct its and their activities on the Premises in a reasonable manner and shall make reasonable efforts to give minimize any inconvenience, annoyance or disturbance to Tenant and shall repair any [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] uninsured physical damage caused in doing such consent or approval nor repair work. At Tenant's request, Landlord shall perform its Repair and Service Obligations after Tenant's normal business hours; provided, however, that Tenant shall pay all overtime and other costs incurred by Landlord in excess of the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Leasecosts that would have been incurred by Landlord if Landlord had performed its Repair and Service Obligations during Tenant's normal business hours.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area)Building, and Tenant Xxxxxx agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding LandlordXxxxxxxx’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor LandlordXxxxxxxx’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or LandlordXxxxxxxx’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from LandlordXxxxxxxx’s assets other than Landlord’s interest in said Office AreaBuilding, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises leased premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease.

Landlord Liability. Tenant Landlord shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including uncollected rent, insurance and condemnation, 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 Office Area), and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever not be personally liable for any failure of Repair and Service Obligations, unless such liabilityfailure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance or of the interruption of services is given to Landlord by Tenant. This paragraph Landlord shall not limit be liable for any right that Tenant might otherwise have injury to obtain injunctive relief against Landlord or Landlordinterference with Tenant’s successors-in-interestbusiness arising from the making of any repairs, alterations, or improvements in or to any portion of the Building, the Premises, or the Property, or to take any other action which fixtures, appurtenances, and equipment therein. Landlord shall not involve the personal have any liability of Landlordfor any inconvenience, annoyance, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person disturbance resulting from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach performance by Landlord of its covenants or any warranties or promises hereunderRepair and Service Obligations. Without limiting the generality of this Section 12, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible have any liability for consequential damages resulting from any damages act or omission of whatever nature Landlord in respect of its failure Repair and Service Obligations, even if Landlord has been advised of the possibility of such consequential damages. Landlord, its agents, employees or contractors, shall conduct its and their activities on the Premises in a reasonable manner and shall make reasonable efforts to give minimize any inconvenience, annoyance or disturbance to Tenant and shall repair any [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] uninsured physical damage caused in doing such consent or approval nor repair work. At Tenant’s request, Landlord shall perform its Repair and Service Obligations after Tenant’s normal business hours; provided, however, that Tenant shall pay all overtime and other costs incurred by Landlord in excess of the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Leasecosts that would have been incurred by Landlord if Landlord had performed its Repair and Service Obligations during Tenant’s normal business hours.

Landlord Liability. Tenant All obligations of Landlord hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon Landlord only during the period of its ownership and possession of the Building and not thereafter. The term "Landlord," under this Lease, shall neither assert nor seek to enforce mean only the owner, for the time being, of the Building. If Landlord shall sell, assign or transfer all or any claim for breach part of this Lease against any of Landlord’s assets other than Landlord’s its interest in the Office Area (including uncollected rentPremises or in this Lease to a successor in interest which expressly assumes the obligations of Landlord hereunder, insurance then the selling, assigning or transferring Landlord shall thereupon be released and condemnationdischarged from all covenants and obligations hereunder, but subject and Tenant shall look solely to such successor in interest for the rights performance of all of Landlord's obligations hereunder. Tenant's obligations under this Lease shall in no manner be affected by Landlord's assignment or transfer hereunder, and Tenant shall thereafter attorn and look solely to such successor in interest as the landlord hereunder, provided Landlord gives Tenant prompt written notice of any mortgagee and to Landlord’s right to use change in ownership by assignment, transfer or otherwise during the Lease Term. Notwithstanding any insurance and condemnation proceeds for other provision hereof, Landlord shall not have any personal liability hereunder. In the purposes event of repairing and restoring the Office Area)any breach or default by Landlord in any term or provision of this Lease, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s 's interest in said Office Areathe Land and the Building; however, as aforesaid, but in no event shall Tenant have the right to terminate any deficiency judgment or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result money judgment of any default by Landlord kind be sought or breach by Landlord of its covenants or any warranties or promises hereunder, except in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, the sole recourse and remedy of Tenant in respect thereof shall be to specifically enforce obtained against Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease.

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest Except as provided in the Office Area (including uncollected rent, insurance Section 11.2 and condemnation, 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 Office Area)Section 12.1, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever not be personally liable for any failure of Repair and Service Obligations, unless such liabilityfailure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance or of the interruption of services is given to Landlord by Tenant. This paragraph Landlord shall not limit be liable for any right that Tenant might otherwise have injury to obtain injunctive relief against Landlord or Landlord’s successors-in-interestinterference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building, the Premises, or the Property, or to take any other action which fixtures, appurtenances, and equipment therein, or the failure of Repair and Service Obligations. Landlord shall not involve have any liability for any inconvenience, annoyance, or disturbance resulting from the personal liability performance by Landlord of its Repair and Service Obligations, except that Landlord shall be liable for actual physical damage to Tenant's alterations, furniture, fixtures, equipment and other property resulting from the gross negligence or intentional misconduct of Landlord, or its agents, employees or contractors. Without limiting the generality of any successor holder of Landlord’s interest hereunderthis Section 12, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event shall Tenant Landlord have the right to terminate any liability for consequential damages resulting from any act or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result omission of any default by Landlord or breach by Landlord in respect of its covenants or any warranties or promises hereunderRepair and Service Obligations, except in even if Landlord has been advised of the case possibility of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the samesuch consequential damages. In no event shall Landlord ever any third party be liable for deemed to be a third party beneficiary of this release. Landlord, its agents, employees or contractors, shall conduct its and their activities on the Premises as allowed in this Section in a reasonable manner and shall make reasonable efforts to minimize any indirect inconvenience, annoyance or consequential damages or loss of profits or the likedisturbance to Tenant. In the event that At Tenant's request, Landlord shall be determined to perform its Repair and Service Obligations after Tenant's normal business hours, provided, however, that Tenant shall pay all overtime and other costs incurred by Landlord in excess of the costs that would have wrongfully withheld any consent or approval under this Lease, the sole recourse been incurred by Landlord if Landlord had performed its Repair and remedy of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease.Service Obligations during Tenant's normal business hours

Landlord Liability. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Office Area (including Tower and the uncollected rentrents, insurance issues and condemnationprofits therein, but and, subject to the rights of any mortgagee and of Landlord which is unrelated to Landlord’s right , and of Landlord to use any such proceeds or awards for reconstruction, the insurance proceeds and condemnation proceeds for the purposes of repairing and restoring the Office Area)taking awards therefor, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust trust of which any person from time to time holding Landlord’s interest is Trusteetrustee, nor any such Trusteetrustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trusteetrustee, or of any such Trusteetrustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said the Office AreaTower and the uncollected rents, issues and profits therein, as aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except (i) in the case of a wrongful eviction of Tenant from the Premises (constructive or actual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same, and (ii) as set forth in Section 14.3 of this Lease. In no event shall Landlord either party ever be liable for any indirect or consequential damages or loss of profits or the like. In , except that the event that Landlord foregoing limitation of liability shall be determined inapplicable to have wrongfully withheld any consent or approval Tenant’s obligations and liabilities under this Lease, the sole recourse and remedy Section 16.18 of Tenant in respect thereof shall be to specifically enforce Landlord’s obligation to grant such consent or approval, and in no event shall Landlord be responsible for any damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations of Tenant under this Lease or act as any termination of this Lease(subject to the limitations set forth in Section 16.18(B)).