Common use of Landlord’s Lease Undertakings Clause in Contracts

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (i) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to Tenant’s occupancy of the Premises (collectively, “Landlord’s Lease Undertakings”) shall be limited solely to an amount equal to the lesser of (x) Landlord’s equity interest in Building 1 and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholders; and (iii) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Properties, L.P., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord of Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy use of the Premises or the Building (collectively, “Landlord’s Lease UndertakingsUndertaking”) shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part (“Landlord’s Real Estate”) and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Landlord, OTR, an Ohio general partnership, Seagate Properties, L.P.Inc., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTR, not individually but solely on behalf of, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate for the enforcement of any actual or alleged breach by Landlord of claim against Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto thatLease: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (Ai) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the this Lease Documents or (Bii) any matter relating to Tenant’s occupancy of the Premises (collectively, “Landlord’s Lease Undertakings”) shall be limited to solely to an amount equal to the lesser of (x1) only to Landlord’s equity interest in Building 1 the Premises and (y2) the equity interest Landlord would have in Building 1 the Premises if Building 1 the Premises were encumbered by independent secured financing equal to eighty percent (80%) of the value of Building 1the Premises; (iib) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholders; and (iiic) except to the extent of Landlord’s interest in Building 1the Premises, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Properties, L.P., or against any of their its respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives, and (ivd) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord of Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy 's use of the Premises or the Building (collectively, “"Landlord’s 's Lease Undertakings”Undertaking") shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity 's interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part ("Landlord's Real Estate") and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx PropertiesLandlord, L.P.SEAGATE PROPERTIES, INC., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, members, managers, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease may be executed by certain officers of SEAGATE PROPERTIES, INC., not individually but solely on behalf of, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result authorized nominee and agent for, Landlord, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord's Real Estate for the enforcement of any actual or alleged breach by Landlord of claim against Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders or addenda hereto attached (collectively the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (Ai) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (Bii) any matter relating to Tenant’s 's occupancy of the Premises (collectively, “"Landlord’s 's Lease Undertakings”") shall be limited to solely to an amount equal to the lesser of (x) Landlord’s equity 's interest in the Building 1 and (y) the equity interest Landlord would have in the Building 1 if the Building 1 were encumbered by independent secured financing equal to eighty percent (80%) of the value of Building 1the Building; (iib) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersthe Landlord Parties (as defined below); and (iii) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Properties, L.P., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives, and (ivc) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord or the Landlord Parties of Landlord’s 's Lease Undertakings; and (d) no present or future officer, director, employee, trustee, mortgagee, ground lessor, member, retirant, beneficiary, internal investment contractor, manager, investment manager, agent, successor and assign of Landlord (collectively, the "Landlord Parties") shall have any personal liability or personal responsibility, directly or indirectly, with respect to any of Landlord's Lease Undertakings and recourse shall not be had against any such officer, director, shareholder, employee, trustee, mortgagee, ground lessor, member, retirant, beneficiary, internal investment contractor, investment manager, agent, successor and assign under or in connection with any Landlord's Lease Undertakings or any alleged breach thereof. Tenant hereby waives and releases any and all such personal liability and recourse against the Landlord or Landlord Parties. The limitations of liability provided in this Section 24.1 are in addition to, and not in limitation of, any limitation on liability applicable to Landlord provided by law or in any other contract, agreement or instrument.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendmentthe Lease, the Lease as amended hereby, or in any exhibits, riders Riders or addenda hereto attached (collectively collectively, the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy 's use of the Premises or the Building (collectively, “"Landlord’s 's Lease Undertakings”") shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity 's interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part ("Landlord's Real Estate") and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s 's interest in Building 1Landlord's Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord Landlord, Xxxxxxx Capital Management Corporation or Xxxxxxx Properties, L.P.Properties Ltd., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of Landlord while in form purporting to be the representations, warranties, covenants, undertakings and agreements of Landlord are nevertheless each and every one of them made and intended, not as personal representations, warranties, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding Landlord personally, but are made and intended for the purpose only of subjecting Landlord's interest in the Building, the Land and the Premises to the terms of the Lease, as amended hereby, and for no other purpose whatsoever, and in case of default hereunder by Landlord (iv) at or default through, under or by any of its beneficiaries, or agents or representatives or said beneficiaries), the Tenant shall look solely to the interests of Landlord in the Building and the Land; that this Amendment is executed and delivered by Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that neither the Landlord not any of Landlord's beneficiaries shall have any personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, and no time liability or duty shall rest upon Landlord be responsible to sequester the trust estate or liable to Tenant for the rents, issues and profits arising therefrom, or the proceeds arising from any lost profits, lost economic opportunities sale or any form of consequential damage as the result other disposition thereof; and that no personal liability or personal responsibility of any actual sort is assumed by, nor shall at any time be asserted or alleged breach enforceable against, said Landlord, American National Bank and Trust Company of Chicago, a national banking association, individually or personally, but only as Trustee under the provisions of a Trust Agreement known as its Trust No. 107101-01, or against any of the beneficiaries under said Trust Agreement, or their respective agents, on account of the Lease, as amended hereby, or on account of any representation, warranty, covenant, undertaking or agreement of Landlord contained in the Lease, as amended hereby, either express or implied, all such personal liability, if any, being expressly waived and released by Landlord of Landlord’s Lease UndertakingsTenant and by all persons claiming by, through or under Tenant.

Landlord’s Lease Undertakings. Notwithstanding anything to the ------------------------------ contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy 's use of the Premises or the Building (collectively, “"Landlord’s 's Lease Undertakings”") shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity 's interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part ("Landlord's Real Estate") and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors directors, or shareholders; and (iiib) except to the extent of Landlord’s 's interest in Building 1Landlord's Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Landlord, Xxxxxxx PropertiesCapital Management LLC, L.P.Xxxxxxx-Xxxxxx Properties Ltd., Xxxxxxx-Xxxxxx Pennsylvania Management Inc., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord of Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to Tenant’s occupancy of the Premises (collectively, “"Landlord’s 's Lease Undertakings”") shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity 's interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part ("Landlord's Real Estate") and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s 's interest in Building 1Landlord's Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord Landlord, Heitxxx/XXX Advisory Corporation or Xxxxxxx Properties, L.P.Heitxxx Xxxperties Ltd., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. Notwithstanding the foregoing, Landlord agrees that for so long as Landlord or an affiliate of Landlord owns Landlord's Real Estate and Landlord's current beneficiary or an affiliate of Landlord's beneficiary owns the beneficial interest in Landlord, Landlord shall maintain an equity interest in Landlord's Real Estate of not less than Five Million Dollars ($5,000,000). It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of Landlord while in form purporting to be the representations, warranties, covenants, undertakings and agreements of Landlord are nevertheless each and every one of them made and intended, not as personal representations, warranties, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding Landlord personally, but are made and intended for the purpose only of subjecting Landlord's interest in the Building, the Land and the Premises to the terms of this lease and for no other purpose whatsoever, and in case of default hereunder by Landlord (iv) at or default through, under or by any of its beneficiaries, or agents or representatives of said beneficiaries), the Tenant shall look solely to the interests of Landlord in the Building and Land; that this lease is executed and delivered by Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that neither the Landlord nor any of Landlord's beneficiaries shall have any personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, and no time liability or duty shall rest upon Landlord be responsible to sequester the trust estate or liable to Tenant for the rents, issues and profits arising therefrom, or the proceeds arising from any lost profits, lost economic opportunities sale or any form of consequential damage as the result other disposition thereof; and that no personal liability or personal responsibility of any actual sort is assumed by, nor shall at any time be asserted or alleged breach enforceable against, and Landlord, American National Bank and Trust Company of Chicago, a national banking association, individually or personally, but only as Trustee under the provisions of a Trust Agreement dated December 6, 1988 and known as its Trust No. 107101-01, or against any of the beneficiaries under said Trust Agreement, or their respective agents, on account of this lease or on account of any representation, warranty, covenant, undertaking or agreement of Landlord in this lease contained, either express or implied, all such personal liability, if any, being expressly waived and released by Landlord of Landlord’s Lease UndertakingsTenant and by all persons claiming by, through or under Tenant.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (Ai) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (Bii) any matter relating to Tenant’s occupancy of the Premises (collectively, “Landlord’s Lease Undertakings”) shall be limited to solely to an amount equal to the lesser of (x) Landlord’s equity interest in Building 1 and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal to eighty percent (80%) of the value of Building 1Building; (iib) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersthe Landlord Parties (as defined below); and (iiic) except to no present or future officer, director, employee, trustee, mortgagee, ground lessor, member, retirant, beneficiary, internal investment contractor, manager, investment manager, agent, successor and assign of Landlord (collectively, the extent of Landlord’s interest in Building 1, no “Landlord Parties”) shall have any personal liability or personal responsibility of any sort responsibility, directly or indirectly, with respect to any of Landlord’s Lease Undertakings and recourse shall not be had against any such officer, director, shareholder, employee, trustee, mortgagee, ground lessor, member, retirant, beneficiary, internal investment contractor, investment manager, agent, successor and assign under or in connection with any Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Properties, L.P., or against any thereof. The limitations of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representativesliability provided in this Section 24.1 are in addition to, and (iv) at no time shall not in limitation of, any limitation on liability applicable to Landlord be responsible provided by Law or liable to Tenant for in any lost profitsother contract, lost economic opportunities agreement or any form of consequential damage as the result of any actual or alleged breach by Landlord of Landlord’s Lease Undertakingsinstrument.

Landlord’s Lease Undertakings. Notwithstanding anything to the ----------------------------- contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to Tenant’s occupancy otherwise arising out of Tenant"s use of the Premises or the Building (collectively, “Landlord’s "Landlord"s Lease Undertakings”Undertaking") shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity Landlord"s interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part ("Landlord"s Real Estate") and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Landlord"s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Landlord, OTR, an Ohio general partnership, Seagate Properties, L.P.Inc., Seagate Realty Advisors, or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTR and/or Seagate Realty Advisors, not individually but solely on behalf of, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the assets of State Teachers Retirement Board of Ohio for the enforcement of any actual or alleged breach by Landlord of claim against Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy 's use of the Premises or the Building (collectively, “"Landlord’s 's Lease Undertakings”Undertaking") shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity 's interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part ("Landlord's Real Estate") and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Landlord, OTR," an Ohio general partnership, Seagate Properties, L.P.Inc., Seagate Realty Advisors, or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTR and/or Seagate Realty Advisors, not individually but solely on behalf of, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the assets of State Teachers Retirement Board of Ohio for the enforcement of any actual or alleged breach by Landlord of claim against Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the ----------------------------- contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy 's use of the Premises or the Building (collectively, “"Landlord’s 's Lease Undertakings”Undertaking") shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity 's interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part ("Landlord's Real Estate") and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Landlord, OTR, an Ohio general partnership, Seagate Properties, L.P.Inc., Seagate Realty Advisors, or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTR and/or Seagate Realty Advisors, not individually but solely on behalf of, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the assets of State Teachers Retirement Board of Ohio for the enforcement of any actual or alleged breach by Landlord of claim against Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy use of the Premises or the Building (collectively, “Landlord’s Lease UndertakingsUndertaking”) shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part (“Landlord’s Real Estate”) and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Landlord, OTR, an Ohio general partnership, Seagate Properties, L.P.Inc., Seagate Realty Advisors, or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTR and/or Seagate Realty Advisors, not individually but solely on behalf of, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result authorized nominee and agent for, The State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate for the enforcement of any actual or alleged breach by Landlord of claim against Landlord’s Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders or addenda hereto attached (collectively the “Lease Documents”)Lease, it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (Ai) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the this Lease Documents or (Bii) any matter relating to Tenant’s 's occupancy of the Premises (collectively, “Landlord’s Lease Undertakings”"LANDLORD'S LEASE UNDERTAKINGS") shall be limited to solely to an amount equal to the lesser of (x1) only to Landlord’s equity 's interest in Building 1 the Project and (y2) the equity interest Landlord would have in Building 1 the Project if Building 1 the Project were encumbered by independent secured financing equal to eighty percent (80%) of the value of Building 1the Project; (iib) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholders; and (iiic) except to the extent of Landlord’s 's interest in Building 1the Project, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx PropertiesLandlord, L.P.State of California Public Employees' Retirement System, CWP Capital Management, LLC, Commonwealth Pacific, LLC or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives, and (ivd) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord of Landlord’s 's Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy use of the Premises or the Building (collectively, “Landlord’s Lease Undertakings”) shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part (“Landlord’s Real Estate”) and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholders; and (iiib) except to the extent of Landlord’s interest in Building 1Landlord’s Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Landlord, Xxxxxxx PropertiesServices, L.P.Inc., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. Landlord represents and warrants to Tenant that (i) fee title to the Project and Premises is vested in Landlord, and, as of the date of this Lease, is subject to no defects or encumbrances that would prevent or interfere with the Agreed Use; (ii) by executing this Lease and by allowing Tenant to use the Premises for the Agreed Use, Landlord is not violating and will not be violating any restrictive covenant or agreement contained in any other lease or contract affecting Landlord or the Premises; (iii) except as disclosed to Tenant in writing prior to Tenant’s execution of this Lease, there is no active litigation with respect to the Project involving other existing or prior tenants, adjacent landowners or governmental agencies and (iv) at no time shall Landlord be responsible or liable has the authority to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach enter into this Lease and its execution and delivery by Landlord of Landlord’s Lease Undertakingshas been duly authorized.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any amendment (including this Amendment) thereto or any exhibits, riders or addenda thereto or hereto attached (collectively the “Lease Documents”"LEASE DOCUMENTS"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord Landlord, CalPERS, GIP, GIM, GIC or against any of its respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives (collectively, the "LANDLORD PARTIES") (and the liability of Landlord to Tenant, its successors and assigns) with respect to (Ai) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (Bii) any matter relating to Tenant’s 's occupancy of the Premises (collectively, “Landlord’s Lease Undertakings”"LANDLORD'S LEASE UNDERTAKINGS") shall be limited to solely to an amount equal to the lesser of (x) Landlord’s equity 's interest in Building 1 the Project and (y) the equity interest Landlord would have in Building 1 the Project if Building 1 the Project were encumbered by independent secured financing equal to eighty fifty percent (8050%) of the value of Building 1the Project; (iib) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersthe Landlord Parties; and (iii) except to the extent of Landlord’s interest in Building 1, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Properties, L.P., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives, and (ivc) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord of Landlord’s 's Lease Undertakings.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “"Lease Documents”"), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy 's use of the Premises or the Building (collectively, “"Landlord’s 's Lease Undertakings”") shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity 's interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part ("Landlord's Real Estate") and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or its officers, directors or shareholdersbeneficiaries; and (iiib) except to the extent of Landlord’s 's interest in Building 1Landlord's Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord Landlord, Xxxxxxx Capital Management Corporation or Xxxxxxx Properties, L.P.Properties Ltd., or against any of their respective directors, officers, shareholders, members, employees, agents, constituent partners, beneficiaries, trustees or representatives. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of Landlord while in form purporting to be the representations, warranties, covenants, undertakings and agreements of Landlord are nevertheless each and every one of them made and intended, not as personal representations, warranties, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding Landlord personally, but are made and intended for the purpose only of subjecting Landlord's interest in the Building, the Land and the Premises to the terms of this lease and for no other purpose whatsoever, and in case of default hereunder by Landlord (iv) at or default through, under or by any of its beneficiaries, or agents or representatives of said beneficiaries), the Tenant shall look solely to the interest of Landlord in the Building and Land; that this lease is executed and delivered by Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that neither the Landlord nor any of Landlord's beneficiaries shall have any personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, and no time liability or duty shall rest upon Landlord be responsible to sequester the trust estate or liable to Tenant for the rents, issues and profits arising therefrom, or the proceeds arising from any lost profits, lost economic opportunities sale or any form of consequential damage as the result other disposition thereof; and that no personal liability or personal responsibility of any actual sort is assumed by, nor shall at any time be asserted or alleged breach enforceable against, said Landlord, American National Bank and Trust Company of Chicago, a national banking association, individually or personally, but only as Trustee under the provisions of a Trust Agreement dated December 5, 1985 and known as its Trust No. 66078, or against any of the beneficiaries under said Trust Agreement, or their respective agents, on account of this lease or on account of any representation, warranty, covenant, undertaking or agreement of Landlord in this lease contained, either express or implied, all such personal liability, if any, being expressly waived and released by Landlord of Landlord’s Lease UndertakingsTenant and by all persons claiming by, through or under Tenant.

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Amendment, the Lease or in any exhibits, riders Riders or addenda hereto attached (collectively the “Lease Documents”“), it is expressly understood and agreed by and between the parties hereto that: (ia) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (A) any actual or the alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or (B) any matter relating to otherwise arising out of Tenant’s occupancy use of the Premises or the Property (collectively, “Landlord’s Lease Undertakings”) shall be limited solely extend only to an amount equal to the lesser of (x) Landlord’s equity interest in Building 1 the real estate of which the Premises demised under the Lease Documents are a part (“Landlord’s Real Estate”) and (y) the equity interest Landlord would have in Building 1 if Building 1 were encumbered by independent secured financing equal not to eighty percent (80%) of the value of Building 1; (ii) Tenant shall have no recourse against any other assets of Landlord or any of its members and their respective directors, officers, directors managers, employees, agents, constituent partners, members, beneficiaries, trustees or shareholdersrepresentatives; and (iiib) except to the extent of Landlord’s interest in Building 1Landlord’s Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord or Xxxxxxx Properties, L.P., or against any of its members and their respective directors, officers, shareholders, membersmanagers, employees, agents, constituent partners, members, beneficiaries, trustees or representatives, and (iv) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord of Landlord’s Lease Undertakings.