Common use of Landlord Liability Clause in Contracts

Landlord Liability. 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 mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its interest in the Property, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completion.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the PropertyBuilding, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT Tenant agrees to look solely to such interest for the equity 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 then owned by LANDLORD 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 the land and improvements which constitute the Property; howevermonetary damages from Landlord’s assets other than Landlord’s interest in said Building, as aforesaid, but in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease 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 demised premises (constructive or in, TENANT’S discretion actual) by Landlord continuing after notice to terminate TENANT’S obligations Landlord thereof and a reasonable opportunity for Landlord to cure the same. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, effective immediatelythe 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 either case without no event shall the Landlord be responsible for any further damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations or liabilities 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, and to resort to such other and further remedies as may be available to it at law or in equityfor loss of profits or the like suffered from whatever cause; provided, provided however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT the foregoing shall not have in any way apply to or otherwise limit Landlord’s remedies with respect to any hold over of Tenant after the right to terminate the Lease so long as the cure was commenced within thirty (30) days and LANDLORD is diligently pursuing its completionexpiration or earlier termination of this Lease.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the PropertyOffice Area (including uncollected rent, such owner shall thereupon be released insurance and discharged from all covenants and obligations of the LANDLORD thereafter accruingcondemnation, but such covenants subject to the rights of any mortgagee and obligations shall be binding during the Lease term upon each new owner to Landlord’s right to use any insurance and condemnation proceeds for the duration purposes of such owner’s ownership. Notwithstanding any other provision hereofrepairing and restoring the Office Area), LANDLORD shall not have any personal liability hereunder. In the event of any breach or default by LANDLORD in any term or provision of this Lease, TENANT and Tenant agrees to look solely to such interest for the equity 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 then owned by LANDLORD 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 the land and improvements which constitute the Property; howevermonetary damages from Landlord’s assets other than Landlord’s interest in said Office Area, as aforesaid, but in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease 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 in, TENANT’S discretion actual) by Landlord continuing after notice to terminate TENANT’S obligations 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, effective immediatelythe 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 either case without no event shall Landlord be responsible for any further damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations or liabilities of Tenant under this Lease or act as any termination of this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completion.

Landlord Liability. All obligations 23.3.1 Anything in this Lease to the contrary notwithstanding, Tenant agrees that it shall look solely to the estate and property of LANDLORD hereunder will be construed as covenantsLandlord in the Premises (including insurance and condemnation proceeds) then held by Landlord, not conditions, and all such obligations will be binding upon LANDLORD only during subject to the period of its ownership and possession prior rights of the Property and not thereafter. The term “LANDLORD” shall mean only the ownerholder of any mortgage, deed of trust or other lien or encumbrance thereon, for the time being collection of any judgment (or other judicial process) requiring the Property, and payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the transfer terms, covenants and conditions of this Lease to be observed or performed by such owner Landlord, and no other assets of Landlord, its officers, directors, agents, representatives, employees, affiliates, shareholders or constituent partners shall be subject to levy, execution or any procedures for the satisfaction of Tenant’s remedies, it being the intention and agreement of the parties to this Lease that neither Landlord nor any of its officers, directors, agents, representatives, employees, affiliates, shareholders or constituent partners be personally liable for any deficiency or judgment against Landlord arising out of this Lease, the Premises or Tenant’s (or that of the persons and entities acting by or through Tenant) occupancy thereof. In addition, notwithstanding any other provision of this Lease (whether in the body hereof, or in any exhibit or addendum hereto), Landlord shall have no liability to Tenant, its officers, directors, agents, representatives, employees, affiliates, shareholders or constituent partners whatsoever for any loss of profits or consequential damages. 23.3.2 In the event of any sale or other conveyance or transfer of Landlord’s interest in the PropertyPremises, such owner the transferor shall thereupon be released and discharged from hereby is entirely free and relieved of all covenants and obligations of Landlord hereunder arising thereafter, and it shall be deemed and construed without further agreement between the LANDLORD thereafter accruingparties or their successors in interest, but or between the parties and the transferee at any such sale or conveyance or transfer that the transferee has assumed and agreed to carry out any and all covenants and obligations shall be binding during of Landlord hereunder, including, without limitation, obligations for all defaults and claims (if any) arising prior to the Lease term upon each new owner for the duration date of such owner’s ownership. Notwithstanding any other provision hereof, LANDLORD shall not have any personal liability hereunder. In the event of any breach or default by LANDLORD in any term or provision of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completiontransfer.

Landlord Liability. All obligations Except as provided in Section 11.2 and subject to Section 12.1, Landlord shall not be liable for any failure of LANDLORD hereunder will be construed as covenantsRepair and Service Obligations, not conditions, and all unless such obligations will be binding upon LANDLORD only during the period of its ownership and possession failure shall persist for an unreasonable time after written notice of the Property and need of such repairs or maintenance or of the interruption of services is given to Landlord by Tenant. Landlord shall not thereafter. The term “LANDLORD” shall mean only be liable for any injury to or interference with Tenant's business arising from the ownermaking of any repairs, for alterations, or improvements in or to any portion of the time being of Building, the Premises, or the Property, or to fixtures, appurtenances, and in equipment therein, or the event failure of the transfer by such owner of its interest in the Property, such owner shall thereupon be released Repair and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the Lease term upon each new owner for the duration of such owner’s ownershipService Obligations. Notwithstanding any other provision hereof, LANDLORD Landlord shall not have any personal liability hereunderfor any inconvenience, annoyance, or disturbance resulting from the 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. In Without limiting the event of any breach or default by LANDLORD in any term or provision generality of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; howeverSection 12, in no eventevent shall Landlord have any liability for consequential damages resulting from any act or omission of Landlord in respect of its Repair and Service Obligations, even if Landlord has been advised of the possibility of such consequential damages. In no event shall any third party be 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 deficiency judgment inconvenience, annoyance or any money judgment of any kind be sought or obtained against any LANDLORD which is now or hereafter a party disturbance to this LeaseTenant. In the event of LANDLORD’S material breach of the Lease or default thereunder At Tenant's request, Landlord shall perform its Repair and failure to cure such breach or default within thirty (30) days Service Obligations after receipt of written notice from TENANTTenant's normal business hours, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that Tenant shall pay all overtime and other costs incurred by Landlord in excess of the costs that would have been incurred by Landlord if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall not have the right to terminate the Lease so long as the cure was commenced within thirty (30) days Landlord had performed its Repair and LANDLORD is diligently pursuing its completion.Service Obligations during Tenant's normal business hours

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the PropertyProject, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT Tenant agrees to look solely to such interest for the equity 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 then owned by LANDLORD 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 the land and improvements which constitute the Property; howevermonetary damages from Landlord’s assets other than Landlord’s interest in said Project, as aforesaid, but in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease (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 inactual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall either party ever be liable for any indirect or consequential damages or loss of profits or the like. Upon any sale or transfer of Landlord’s interest in the Premises, TENANT’S discretion Landlord shall be freed of any liability or obligation thereafter arising under this Lease and, thereafter, Tenant shall look solely to terminate TENANT’S obligations the transferee landlord for satisfaction of such liability or obligation thereafter arising under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completion.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the Property, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT Tenant agrees to look solely to such interest for the equity 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 then owned by LANDLORD 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 the land and improvements which constitute the Property; howevermonetary damages from Landlord’s assets other than Landlord’s interest in said Building, as aforesaid, but in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease 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 demised premises (constructive or in, TENANT’S discretion actual) by Landlord continuing after notice to terminate TENANT’S obligations 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, effective immediatelythe 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 either case without no event shall the Landlord be responsible for any further damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations or liabilities of the Tenant under this Lease or act as any termination of this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completion.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the PropertyBuilding, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT Xxxxxx agrees to look solely to such interest for the equity 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 Xxxxxxxx’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Xxxxxxxx’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 Xxxxxxxx’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 then owned by LANDLORD 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 the land and improvements which constitute the Property; howevermonetary damages from Xxxxxxxx’s assets other than Landlord’s interest in said Building, as aforesaid, but in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease 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 leased premises (constructive or in, TENANT’S discretion actual) by Landlord continuing after notice to terminate TENANT’S obligations 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, effective immediatelythe 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 either case without no event shall Landlord be responsible for any further damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations or liabilities of Tenant under this Lease or act as any termination of this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completion.

Landlord Liability. All obligations 29.3.1 It is expressly understood and agreed by Tenant that none of LANDLORD hereunder will be construed as Landlord's covenants, not conditionsundertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partners, and all such obligations will any liability for damage or breach or nonperformance by Landlord shall be binding upon LANDLORD collectible only during the period out of its ownership and possession of Landlord's interest in the Property and not thereafter. The term “LANDLORD” shall mean only the ownerno personal liability is assumed by, for the nor at any time may be asserted against, Landlord or its partners or any of its or their officers, agents, employees, legal representatives, successors or assigns, if any, all such liability, if any, being of the Propertyexpressly waived and released by Tenant, and in any proceeding or in the event case of any judgment against Landlord, Tenant shall concurrently file a Praecipe to Limit Judgment Lien to reflect the transfer by exclusion from liability herein set forth . 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of such owner of its Landlord's interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession or otherwise, but any such owner person, whether or not named herein, shall thereupon have no liability hereunder after it ceases to hold such interest. 29.3.3 In the event of any sale or other conveyance or transfer of Landlord's interest in the Property, the transferor shall be released and discharged from hereby is entirely free and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the LANDLORD thereafter accruingparties or their successors in interest, but or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation of Landlord's liability in this Section 29) the transferee has assumed and agreed to carry out any and all covenants and obligations shall be binding during of Landlord hereunder, including, without limitation, obligations for all defaults and claims (if any) arising prior to the Lease term upon each new owner for the duration date of such owner’s ownership. Notwithstanding any other provision hereof, LANDLORD shall not have any personal liability hereunder. In the event of any breach or default by LANDLORD in any term or provision of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completiontransfer.

Landlord Liability. All obligations 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 LANDLORD hereunder will other tenants of the Property or of any other persons whomsoever, unless the same shall 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 tort claims against Landlord, Landlord shall not be liable to Tenant or to any other person for 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 covenantscreating 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, (b) for any tort liability of Landlord to Tenant, or (c) in any other 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 Property and Tenant agrees to look solely to Landlord's interest in the Property for the recovery of any judgment from the Landlord, it being intended that Landlord shall never be personally liable for any judgment or deficiency. Further, Landlord shall not conditionsbe liable to Tenant for any loss or damage to any Property Or person occasioned by theft, and all such obligations will 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 binding upon LANDLORD only during liable for any damage or inconvenience which may arise through (i) the period leasing of its ownership and possession 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 and not thereafter. The term “LANDLORD” shall mean only or Premises or to the owner, construction of leasehold improvements for the time being of the Property, and in the event of the transfer by such owner of its interest other tenants in the Property, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or alleged default by LANDLORD in any term or provision the obligation of Landlord under this Lease, TENANT agrees Tenant will deliver to look solely to the equity or interest then owned by LANDLORD in the land Landlord notice of such default and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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 Landlord will have thirty (30) days after following receipt of written such notice from TENANT, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediatelycute such alleged default or, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach the event the alleged default cannot reasonable be cured within thirty (30) daysa thirty-day period, TENANT shall not have the right to terminate the Lease so long as the commence action and proceed diligently to cure was commenced within thirty (30) days and LANDLORD is diligently pursuing its completionsuch alleged default.

Landlord Liability. All obligations of LANDLORD In no event shall Landlord be in default 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 mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its interest in the Property, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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 unless it has failed to cure such breach or default within thirty (30) days after receipt of written notice from TENANT, TENANT shall have the right to terminate this Lease, (or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall not have the right to terminate the Lease so long as the cure was commenced within 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 LANDLORD agreed that any money judgment resulting from any default or other claim arising under this Lease shall be satisfied only out of Landlord’s interest in the Building, and no other real, personal or mixed property of Landlord (the term “Landlord” for purposes of this section only shall mean any and all partners, both general and/or limited, officers, directors, shareholders, members and beneficiaries, if any, who comprise Landlord), wherever situated, shall be subject to levy on any judgment obtained against Landlord. Tenant hereby waives, the extent waivable under law, any right to satisfy a money judgment against Landlord except from Landlord’s interest in the Building. If such interest is diligently pursuing its completionnot 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 provided in this Lease, Tenant’s sole remedy shall be an action for specific performance at law, but in no event shall Landlord be responsible in monetary damages for failure to give such consent.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the PropertyBuilding, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT Tenant agrees to look solely to such interest for the equity 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 then owned by LANDLORD 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 the land and improvements which constitute the Property; howevermonetary damages from Landlord’s assets other than Landlord’s interest in said Building, as aforesaid, but in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease 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 demised premises (constructive or in, TENANT’S discretion actual) by Landlord continuing after notice to terminate TENANT’S obligations Landlord thereof and a reasonable opportunity for Landlord to cure the same. In the event that Landlord shall be determined to have wrongfully withheld any consent or approval under this Lease, effective immediatelythe 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 either case without no event shall the Landlord be responsible for any further damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations or liabilities of the Tenant under this Lease or act as any termination of this Lease, and to resort to such other and further remedies as may . In no event shall Landlord ever be available to it at law liable for any indirect or consequential damages or loss of profits or the like in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completionconnection with this Lease.

Landlord Liability. All obligations Landlord shall not be liable for any failure of LANDLORD hereunder will be construed as covenantsRepair and Service Obligations, not conditions, and all unless such obligations will be binding upon LANDLORD only during the period of its ownership and possession failure shall persist for an unreasonable time after written notice of the Property and need of such repairs or maintenance or of the interruption of services is given to Landlord by Tenant. Landlord shall not thereafter. The term “LANDLORD” shall mean only be liable for any injury to or interference with Tenant’s business arising from the ownermaking of any repairs, for alterations, or improvements in or to any portion of the time being of Building, the Premises, or the Property, or to fixtures, appurtenances, and in the event of the transfer by such owner of its interest in the Property, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the Lease term upon each new owner for the duration of such owner’s ownershipequipment therein. Notwithstanding any other provision hereof, LANDLORD Landlord shall not have any personal liability hereunderfor any inconvenience, annoyance, or disturbance resulting from the performance by Landlord of its Repair and Service Obligations. In Without limiting the event of any breach or default by LANDLORD in any term or provision generality of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; howeverSection 12, in no eventevent shall Landlord have any liability for consequential damages resulting from any act or omission of Landlord in respect of its 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 minimize any deficiency judgment inconvenience, annoyance or disturbance to Tenant and shall repair any money judgment of any kind be sought or obtained against any LANDLORD which is now or hereafter a party to this Lease[*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. In the event of LANDLORD’S material breach of the Lease or default thereunder 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 repair work. At Tenant’s request, Landlord shall perform its Repair and failure to cure such breach or default within thirty (30) days Service Obligations after receipt of written notice from TENANT, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equityTenant’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 been incurred by Landlord if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall not have the right to terminate the Lease so long as the cure was commenced within thirty (30) days Landlord had performed its Repair and LANDLORD is diligently pursuing its completionService Obligations during Tenant’s normal business hours.

Landlord Liability. All obligations of LANDLORD hereunder will Notwithstanding anything to the contrary in this Lease, neither Landlord nor Landlord’s Affiliates shall be construed as covenantspersonally responsible or liable for any representation, not conditionswarranty, covenant, undertaking or agreement contained in the Lease, and all such obligations will be binding upon LANDLORD only during the period of its ownership sole right and possession remedy of the Property and not thereafter. The term “LANDLORD” Tenant or any subsequent sublessee or assignee shall mean be satisfied only the owner, for the time being out of the Property, current rents and in the event revenues of the transfer by such owner Premises, net of its 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 obtain any 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 property other than Landlord’s interest in the Property, such owner shall thereupon be released and discharged from all covenants and obligations Premises. In the event Landlord fails or refuses to perform any of the LANDLORD thereafter accruingprovisions, but 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 covenants and obligations default, shall be binding during the Lease term upon each new owner for the duration provide thirty (30) days written notice to Landlord of such owner’s ownershipdefault, 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, LANDLORD shall Xxxxxx agrees that if said default is of such a nature that the same can be rectified or cured by Landlord but cannot have any personal liability hereunder. In the event of any breach with reasonable diligence be rectified or default by LANDLORD in any term or provision of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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 cured within said thirty (30) days after receipt of written notice from TENANTday period, TENANT then such default shall have the right be deemed to terminate this Lease, be rectified or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that cured if LANDLORD’S breach cannot be cured Landlord within said thirty (30) days, TENANT day period shall not have diligently commenced the right rectification or curing thereof and shall diligently continue thereafter to terminate the Lease so long as the cure was commenced within thirty (30) days and LANDLORD is diligently pursuing its cause such rectification or curing to proceed to completion.

Landlord Liability. 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 No owner of the Property and Demised Premises, whether or not thereafter------------------ named herein, shall have liability hereunder after it ceases to hold title to the Demised Premises. The term “LANDLORD” shall mean only the ownerNeither Landlord nor any officer, for the time being director, shareholder, partner or principal of the PropertyLandlord, and in the event of the transfer by such owner of its interest in the Propertywhether disclosed or undisclosed, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the Lease term upon each new owner for the duration of such owner’s ownership. Notwithstanding any other provision hereof, LANDLORD shall not have under any personal liability hereunder. In with respect to any of the event provisions of any breach or default by LANDLORD in any term or provision of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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 Landlord is in breach or default within thirty (30) days after receipt of written notice from TENANT, TENANT shall have the right with respect to terminate this Lease, Landlord's obligations or in, TENANT’S discretion to terminate TENANT’S obligations otherwise under this Lease, effective immediatelyTenant shall look solely to the equity of Landlord in the Building for the satisfaction of Tenant's remedies. 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. Landlord hereby warrants to Tenant that, as of the Lease Date, the Demised Premises are not subject to a Mortgage and that Landlord will not, prior to the occurrence of Substantial Completion, grant a Mortgage encumbering the Demised Premises. Nothing in this Section 26 will create or imply any restriction on the right of Landlord to grant Mortgages after the occurrence of Substantial Completion. 26.1 If Landlord fails to observe and perform its obligations under Section 17 of this Lease with respect to the design, construction and delivery of the Demised Premises and the attainment of Substantial Completion of the Demised Premises, and such failure becomes a Landlord Event of Default, Tenant shall have the right, in either case without addition to the rights otherwise available to Tenant as a result of the occurrence of a Landlord Event of Default, to file an action against Landlord in any further court in the state of Illinois having jurisdiction seeking to compel specific performance by Landlord of such obligations. Any judgment obtained by Tenant enforcing specific performance of such obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; providedenforced against Landlord without regard for the limitations otherwise applicable under Section 26. Any judgment for damages, however, that even if LANDLORD’S breach cannot arising out of the same cause of action, will continue to be cured within thirty (30) days, TENANT subject to the limitations imposed by Section 26. This Section 26.1 shall not have automatically terminate upon the right to terminate occurrence of Substantial Completion of the Lease so long as the cure was commenced within thirty (30) days and LANDLORD is diligently pursuing its completionDemised Premises in accordance with Section 17.

Landlord Liability. All obligations For purposes of LANDLORD hereunder will Section 26 of this Lease, Landlords equity interest in the Building shall be construed deemed to be no less than twenty percent (20%) of the fair market value of the Building determined as covenantsof the date on which Tenant initiates the applicable action to enforce its rights under this Lease. EXHIBIT D RULES AND REGULATIONS These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants of the Building in order to insure the safety, care and cleanliness of the Building and the preservation of order therein. 1. The sidewalks shall not conditionsbe obstructed or used for any purpose other than ingress and egress. No tenant and no employees of any tenant shall go upon the roof of the Building without the consent of Landlord. 2. No awnings or other projections shall be attached to the outside walls of the Building without the consent of Landlord, which consent shall not be unreasonably withhold. 3. The plumbing fixtures shall not be used for any purpose other than those for which they were constructed, and all such obligations will no sweepings, rubbish, rags or other substances, including Hazardous Substances, shall be binding upon LANDLORD only during thrown therein. 4. No tenant shall cause or permit any objectionable or offensive odors to be emitted from the period of its ownership and possession of the Property and not thereafterDemised Premises. 5. The term “LANDLORD” Demised Premises shall mean only not be used for lodging or sleeping or for any immoral or illegal purposes. 6. No tenant shall make, or permit to be made any unseemly or disturbing noises, sounds or vibrations or disturb or interfere with tenants of this or neighboring buildings or premises or those having business with them. 7. Each tenant must, upon the ownertermination of this tenancy, for return to the time being Landlord all keys of the Propertystores, offices, and rooms, either furnished to, or otherwise procured by, such tenant, and in the event of the transfer loss of any keys so furnished, such tenant shall pay to the Landlord the cost of replacing the same or of changing the lock or locks opened by such owner of its interest lost key if Landlord shall deem it necessary to make such change. 8. Canvassing, soliciting and peddling in the PropertyBuilding and the Project are prohibited and each tenant shall cooperate to prevent such activity. 9. Landlord will direct electricians as to where and how telephone or telegraph wires are to be introduced. No boring or cutting for wires or stringing of wires will be allowed without written consent of Landlord. The location of telephones, such owner call boxes and other office equipment affixed to the Demised Premises shall thereupon be released subject to the approval of Landlord. 10. Parking spaces associated with the Building are intended for the exclusive use of passenger automobiles. Except for intermittent deliveries, no vehicles other than passenger automobiles may be parked in a parking space without the express written permission of Landlord. Trucks and discharged from all covenants and obligations tractor trailers may only be parked at designated areas of the LANDLORD thereafter accruing, but such covenants Building. Trucks and obligations shall be binding during the Lease term upon each new owner for the duration of such owner’s ownership. Notwithstanding any other provision hereof, LANDLORD tractor trailers shall not have any personal liability hereunder. In the event of any breach or default by LANDLORD in any term or provision of this Lease, TENANT agrees to look solely block access to the equity or interest then owned by LANDLORD Building. 11. No tenant shall use any area within the Project for storage purposes other than the interior of the Demised Premises. EXHIBIT E CERTIFICATE OF AUTHORITY CORPORATION The undersigned, Secretary of BCS Technologies, Inc., a Delaware corporation ("Tenant"), hereby certifies as follows to Industrial Developments International (Georgia), L.P., a Georgia limited Partnership ("Landlord"), in connection with Tenant's proposed least of promises in Building B, at Northpark 75, Xxxx County, Georgia (the "Premises"): 1. Tenant is duly organized, validly existing and in good standing under the laws of the State of Delaware, and duly qualified to do business in the land State of Georgia. 2. That the following named persons, acting individually, are each authorized and improvements which constitute the Property; howeverempowered to negotiate and execute, in no eventon behalf of Tenant, shall any deficiency judgment or any money judgment of any 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 lease of the Lease or default thereunder Premises and failure to cure such breach or default within thirty that the signature opposite the name of each individual is an authentic signature; Xxxxx Xxxxxxxxx President /s/ Xxxxx Xxxxxxxx ------------------------ ------------------------ ------------------------- (30name) days after receipt (title) (signature) ________________________ ________________________ ________________________ (name) (title) (signature) ________________________ ________________________ ________________________ (name) (title) (signature) 3. That the foregoing authority was conferred upon the person(s) named above by the Board of written notice from TENANTDirectors of Tenant at a duly convened meeting held February 19, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completion1999.

Landlord Liability. 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 No owner of the Property and Demised Premises, whether or not thereafternamed herein, shall have liability hereunder after it ceases to hold title to the Demised Premises except for accrued liabilities. The term “LANDLORD” shall mean only the ownerNeither Landlord nor Tenant nor any officer, for the time being director, shareholder, partner or principal of the PropertyLandlord or Tenant, and in the event of the transfer by such owner of its interest in the Propertywhether disclosed or undisclosed, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the Lease term upon each new owner for the duration of such owner’s ownership. Notwithstanding any other provision hereof, LANDLORD shall not have under any personal liability hereunder. In with respect to any of the event provisions of any breach or default by LANDLORD in any term or provision of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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 Landlord is in breach or default with respect to Landlord's obligations or otherwise under this Lease, Tenant shall look solely to the equity of Landlord in the Building for the satisfaction of Tenant's remedies, which includes, without limitation, (a) net proceeds of sale actually received by Landlord and (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 damages against Landlord as a result of an uncured default by Landlord under this Lease, which judgment exceeds Landlord's equity in the Building, and Landlord fails to pay said amount within thirty sixty (3060) days after receipt from the date of written notice from TENANTthe final judgment, TENANT shall then Tenant will have the right to terminate this Lease, or in, TENANT’S discretion deduct the unpaid amount of such judgment against the Base Rent and Additional Rent to terminate TENANT’S obligations become due under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completionuntil fully credited.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the PropertyBuilding, such owner shall thereupon be released and discharged from all covenants the uncollected rents, issues and obligations of profits therein, and, subject to the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 rights of any breach mortgagee of Landlord and of Landlord to use such proceeds or default by LANDLORD in any term or provision of this Leaseawards for reconstruction, TENANT the insurance proceeds and taking awards therefor, Tenant agrees to look solely to such interest for the equity 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 then owned by LANDLORD 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 the land and improvements which constitute the Property; howevermonetary damages from Landlord’s assets other than Landlord’s interest in said Building, as aforesaid, but, except as may be specifically otherwise herein provided, in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease 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 demised premises (constructive or in, TENANT’S discretion actual) by Landlord continuing after notice to terminate TENANT’S obligations 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, effective immediatelythe 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 either 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 without any further obligations where Tenant holds over in the Premises after the expiration or liabilities under earlier termination of this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completioncase may be.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the PropertyBuilding, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT Tenant agrees to look solely to such interest for the equity 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 then owned by LANDLORD 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 the land and improvements which constitute the Propertymonetary damages from Landlord’s assets other than Landlord’s interest in said Building; howeveras aforesaid, but in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease 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 demised premises (constructive or in, TENANT’S discretion actual) by Landlord continuing after notice to terminate TENANT’S obligations 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, effective immediatelythe 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 either case without no event shall the Landlord be responsible for any further damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations or liabilities of the Tenant under this Lease or act as any termination of this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completion.

Landlord Liability. All obligations It is expressly understood and agreed by Tenant that ------------------ none of LANDLORD hereunder will be construed as Landlord's covenants, not conditionsunderstandings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord, and all such obligations will any liability for damage or breach of non-performance by Landlord shall be binding upon LANDLORD collectible only during the period out of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord's interest in the Property, such owner shall thereupon be released buildings and discharged from all covenants land and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the Lease term upon each new owner for the duration of such owner’s ownership. Notwithstanding any other provision hereof, LANDLORD shall not have any no personal liability hereunderis assumed by, nor at any time may be asserted against Landlord or his heirs, or legal representatives, all such liabilities, if any, being expressly waived and released by Xxxxxx. In the event Provided, however, if Xxxxxx obtains a final judgement against Landlord based upon breach by Landlord of any breach his covenants, warranties, undertakings or default by LANDLORD agreements contained in any term or provision of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; however, in no event, shall any deficiency judgment or any money judgment of any 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 if Landlord does not satisfy such breach or default judgement within thirty (30) days after receipt of written notice from TENANTentry thereof, TENANT shall have the right Tenant may, successively if necessary (and in addition to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, all other rights and to resort to such other and further remedies as may be available to it provided at law or in equity; providedequity or elsewhere herein) set off the amount of such judgement against the rent or any other amounts payable to Landlord by Tenant hereunder next due under the provisions of this Lease. Anything herein to the contrary notwithstanding, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT the waiver of Landlords personal liability set forth in this Paragraph 39 shall not have 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 to terminate right, at any time during the Lease so long as Term, to transfer title to the cure was commenced within thirty (30) days and LANDLORD is diligently pursuing its completiondemised 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. All obligations of LANDLORD Landlord hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD Landlord only during the period of its ownership and possession of the Property Building and not thereafter. The term “LANDLORD” "Landlord," under this Lease, shall mean only the owner, for the time being being, of the PropertyBuilding. If Landlord shall sell, and in the event of the assign or transfer by such owner all or any part of its interest in the PropertyPremises or in this Lease to a successor in interest which expressly assumes the obligations of Landlord hereunder, such owner then the selling, assigning or transferring Landlord shall thereupon be released and discharged from all covenants and obligations hereunder, and Tenant shall look solely to such successor in interest for the 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 thereafter accruinglandlord hereunder, but such covenants and obligations shall be binding provided Landlord gives Tenant prompt written notice of any change in ownership by assignment, transfer or otherwise during the Lease term upon each new owner for the duration of such owner’s ownershipTerm. Notwithstanding any other provision hereof, LANDLORD Landlord shall not have any personal liability hereunder. In the event of any breach or default by LANDLORD Landlord in any term or provision of this Lease, TENANT Tenant agrees to look solely to the equity or Landlord's interest then owned by LANDLORD in the land Land and improvements which constitute the PropertyBuilding; however, in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completionLandlord.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the Property, such owner shall thereupon be released Building and discharged from all covenants Site (and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 proceeds of any breach insurance claim or default by LANDLORD eminent domain proceeding in any term or provision of this Leaseconnection therewith), TENANT and Tenant agrees to look solely to such interest for the equity 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 then owned by LANDLORD 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 Landlord’s managing agent to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Property (and the land and improvements which constitute the Property; howeverproceeds of any insurance claim or eminent domain proceeding in connection therewith), as aforesaid, but in no event, event shall any deficiency judgment or any money judgment of any 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, TENANT shall Tenant have the right to terminate or cancel this LeaseLease 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 demised premises (constructive or inactual) by Landlord continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. In no event shall either party hereto ever be liable for any indirect or consequential damages or loss of profits or the like, TENANT’S discretion provided that the foregoing shall not limit or alter any procedural right or remedy of Landlord under this Lease nor shall the same apply to terminate TENANT’S 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, effective immediately, in either case without any further obligations or liabilities under this Lease, and Lease with respect to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completionHazardous Materials.

Landlord Liability. All obligations Landlord shall not be liable for any failure of LANDLORD hereunder will be construed as covenantsRepair and Service Obligations, not conditions, and all unless such obligations will be binding upon LANDLORD only during the period of its ownership and possession failure shall persist for an unreasonable time after written notice of the Property and need of such repairs or maintenance or of the interruption of services is given to Landlord by Tenant. Landlord shall not thereafter. The term “LANDLORD” shall mean only be liable for any injury to or interference with Tenant's business arising from the ownermaking of any repairs, for alterations, or improvements in or to any portion of the time being of Building, the Premises, or the Property, or to fixtures, appurtenances, and in the event of the transfer by such owner of its interest in the Property, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the Lease term upon each new owner for the duration of such owner’s ownershipequipment therein. Notwithstanding any other provision hereof, LANDLORD Landlord shall not have any personal liability hereunderfor any inconvenience, annoyance, or disturbance resulting from the performance by Landlord of its Repair and Service Obligations. In Without limiting the event of any breach or default by LANDLORD in any term or provision generality of this Lease, TENANT agrees to look solely to the equity or interest then owned by LANDLORD in the land and improvements which constitute the Property; howeverSection 12, in no eventevent shall Landlord have any liability for consequential damages resulting from any act or omission of Landlord in respect of its 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 minimize any deficiency judgment inconvenience, annoyance or disturbance to Tenant and shall repair any money judgment of any kind be sought or obtained against any LANDLORD which is now or hereafter a party to this Lease[*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. In the event of LANDLORD’S material breach of the Lease or default thereunder 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 repair work. At Tenant's request, Landlord shall perform its Repair and failure to cure such breach or default within thirty (30) days Service Obligations after receipt of written notice from TENANT, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations under this Lease, effective immediately, in either case without any further obligations or liabilities under this Lease, and to resort to such other and further remedies as may be available to it at law or in equityTenant'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 been incurred by Landlord if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall not have the right to terminate the Lease so long as the cure was commenced within thirty (30) days Landlord had performed its Repair and LANDLORD is diligently pursuing its completionService Obligations during Tenant's normal business hours.

Landlord Liability. All obligations Tenant shall neither assert nor seek to enforce any claim for breach of LANDLORD hereunder will be construed as covenants, not conditions, and all such obligations will be binding upon LANDLORD only during the period this Lease against any of its ownership and possession of the Property and not thereafter. The term “LANDLORD” shall mean only the owner, for the time being of the Property, and in the event of the transfer by such owner of its Landlord’s assets other than Landlord’s interest in the PropertyBuilding, such owner shall thereupon be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the 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 breach or default by LANDLORD in any term or provision of this Lease, TENANT Xxxxxx agrees to look solely to such interest for the equity 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 Xxxxxxxx’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Xxxxxxxx’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 Xxxxxxxx’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 then owned by LANDLORD 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 Xxxxxxxx’s assets other than -81- Xxxxxxxx’s interest in said Building, 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 land and improvements which constitute the Property; howeverLease contained, except for Xxxxxxxx’s right to recover damages in no eventaccordance with Section 16.18, shall any deficiency judgment neither Tenant nor Tenant’s agents or employees (or any money judgment 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 kind be sought default by Landlord or obtained against breach by Landlord of its covenants or any LANDLORD which is now warranties or hereafter promises hereunder, except as otherwise expressly provided in Section 7.6 of the Lease, or in the case of a party 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, or except as otherwise expressly set forth in this Lease. In the event of LANDLORD’S material breach of the Lease that Landlord shall be determined to have wrongfully withheld any consent or default thereunder and failure to cure such breach or default within thirty (30) days after receipt of written notice from TENANT, TENANT shall have the right to terminate this Lease, or in, TENANT’S discretion to terminate TENANT’S obligations approval under this Lease, effective immediatelythe 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 either case without no event shall the Landlord be responsible for any further damages of whatever nature in respect of its failure to give such consent or approval nor shall the same otherwise affect the obligations or liabilities of the Tenant under this Lease or act as any termination of this Lease, and to resort to such other and further remedies as may be available to it at law or in equity; provided, however, that if LANDLORD’S breach cannot be cured within thirty (30) days, TENANT shall 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 completion.