Landlord Not Liable for Money Damages. Whenever in this Lease Landlord’s consent or approval is required and this Lease provides that Landlord’s consent or approval shall not be unreasonably withheld and Landlord shall refuse such consent or approval, or in any instance in which Landlord shall delay its consent or approval, Tenant shall in no event be entitled to make, nor shall Tenant make, any claim, and Tenant hereby waives any claim, for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord unreasonably withheld or unreasonably delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, for specific performance, injunction or declaratory judgment or for a determination as to whether Landlord reasonably withheld its consent pursuant to the Simplified Procedure for Court Determination of Disputes as set forth in the CPLR Section 3031 et seq. (or any successor thereto) in the Commonwealth of Virginia and the decisions shall be final and conclusive on the parties.
Landlord Not Liable for Money Damages. Whenever in this Lease Landlord’s consent or approval is required and this Lease provides that Landlord’s consent or approval will not be unreasonably withheld and Landlord will refuse such consent or approval, or in any instance in which Landlord will delay its consent or approval, Tenant will in no event be entitled to make, nor will Tenant make, any claim, and Tenant hereby waives any claim, for money damages (nor will Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord unreasonably withheld or unreasonably delayed its consent or approval, unless Tenant’s claim is based upon an assertion that Landlord acted in bad faith. Tenant’s sole remedy will be an action or proceeding to enforce any such provision, for specific performance, injunction, or declaratory judgment or for a determination as to whether Landlord reasonably withheld its consent, and the decisions will be final and conclusive on the parties.
Landlord Not Liable for Money Damages. Whenever in this Lease Landlord’s consent or approval is required and this Lease provides that Landlord’s consent or approval shall not be unreasonably withheld and Landlord shall refuse such consent or approval, or in any instance in which Landlord shall delay its consent or approval, Tenant shall in no event be entitled to make, nor shall Tenant make, any claim, and Tenant hereby waives any claim, for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord unreasonably withheld or unreasonably delayed its consent or approval, unless Tenant’s claim is based upon an assertion that Landlord acted in bad faith. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, for specific performance, injunction or declaratory judgment or for a determination as to whether Landlord reasonably withheld its consent and the decisions shall be final and conclusive on the parties. SURRENDER AT END OF TERM Surrender at End of Term. On the last day of the Term or upon any earlier termination of this Lease, or upon a re-entry by Landlord upon the Premises pursuant to Article 24 hereof, Tenant shall well and truly surrender and deliver up to Landlord the Premises and the Project in good order, condition and repair, reasonable wear and tear and damage by casualty or condemnation excepted, free and clear of all lettings, occupancies, liens and encumbrances other than those, if any, existing at the date hereof, created by or consented to by Landlord, Residential Leases the term of which extends beyond the Expiration Date, or which lettings and occupancies by their express terms and conditions extend beyond the Expiration Date, and which Landlord shall have consented and agreed, in writing, may extend beyond the Expiration Date, without any payment or allowance whatever by Landlord. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Premises on any such termination date.
