Common use of Landlord’s Liability Clause in Contracts

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.

Landlord’s Liability. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided in Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this lease, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default or breach by Landlord under with respect to any of the terms of the Lease to be observed and performed by Landlord (a) Tenant shall look solely to the estate and property (which is the subject of this Agreementlease) of Landlord or any successor in interest in the property and the Building, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any successor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies;(c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partner’s, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.

Landlord’s Liability. If This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiency. In no event shall Tenant have loss or damage to person, property or business, unless due to the right to levy execution against any property negligence of Landlord other than nor shall Landlord be liable for any latent defect in the premises or the building. Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its rightdesignees as additional insureds. Evidence of the policies, title and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant agrees to look solely to Landlord's estate and interest in the Shopping Center includingland and building, but not limited toor the lease of the building or of the land and building, and the rentsdemised premises, proceeds and profits derived therefrom. Upon for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default liability by Landlord, and no other property or assets of Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to levy, execution or other enforcement procedure for the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this Agreement. Notwithstanding anything contained in this Agreement to lease, the contraryrelationship of landlord and tenant hereunder, in no event shall Landlord or Tenant's use and occupancy of the demised premises or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed liability of Landlord to Tenant (and their respective successors and assigns) ever be liable pursuant to this Agreement except for lost profits or consequential, speculative or punitive damagesnegligence).

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No partner, employee or agent of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited to personally liable for the extent performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. Tenant agrees from time to time to look only to Landlord’s interest in the Property (including, without limitation, uncollected rent, property insurance, condemnation and sale proceeds prior to distribution thereof, but subject to the rights of any Mortgagee and to Landlord’s right to use any insurance and condemnation proceeds for the purposes of repairing and restoring the Building and the Property) for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults from time to time transfers its interest in the Building (or part thereof which includes the Premises), then from and after each such transfer, so long as such transferee shall have assumed all of Landlord’s obligations as under this Agreement and if, as a consequence of such defaultLease, Tenant shall recover a money judgment against look solely to the interests in the Building of each of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest performance of all of the obligations of Landlord in the Shopping Center includinghereunder (or under any related instrument). The obligations of Landlord shall not be binding on any direct or indirect partners (or members, trustees or beneficiaries) of Landlord or of any successor, individually, but not limited toonly upon Landlord’s or such successor’s interest described above. If Landlord shall refuse or fail to provide any consent or approval for any matter for which Landlord’s consent or approval is required under this Lease or is otherwise requested by Tenant, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for damages as a result thereof, and Tenant’s sole remedy to enforce any deficiency. In no event shall Tenant have the right to levy execution against any property alleged obligation of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any to provide such uncured default by Landlord, Tenant may exercise any of its rights provided at law consent or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder approval shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contraryan action for specific performance, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlordinjunction, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesdeclaratory relief.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against look only to Landlord, such judgment shall be satisfied against the right, title and interest of Landlord ’s estate in the Shopping Center including, but not limited to, Property (or the rents, proceeds and profits derived therefrom as thereof) for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property satisfaction of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited with respect to the extent this Agreement otherwise expressly limits Tenant’s rights any liability, default or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations obligation of Landlord under this Agreement (Lease or otherwise regarding Tenant’s leasing, use and occupancy of the Premises pursuant hereto, including without limitation for the collection of any actual monetary obligation, judgment or alleged breach or default other judicial process requiring the payment of money by Landlord) do not constitute personal obligations . Neither Landlord nor any of the individual partnersits members, directorsstockholders, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiariestrustees, joint venturersbeneficiaries or employees shall be personally liable hereunder, membersnor shall any of its or their property, stockholdersother than the Property, be subject to levy, execution or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever enforcement procedure for the satisfaction of Tenant’s said remedies. Landlord shall not under any circumstances be liable pursuant to this Agreement for any special, indirect or consequential damages of Tenant, including lost profits or consequentialrevenues. No owner of the Property shall be liable under this Lease except for breaches of Landlord’s obligations occurring while such party owns the Property. None of Tenant’s stockholders, speculative officers, directors, partners, trustees, beneficiaries or punitive employees shall be personally liable hereunder, nor shall any of their respective property be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant’s remedies. Except with respect to holdover as provided in this Lease or with respect to matters arising out of Tenant’s failure to comply with provisions of, or Claims under, Sections 6.7 and 7.6, Tenant shall not under any circumstances be liable for any special, indirect or consequential damages of Landlord. The parties acknowledge and agree that any remedy expressly described in this Lease does not constitute special, indirect, or consequential damages.

Landlord’s Liability. If Landlord’s obligations hereunder shall be binding upon Landlord defaults under this Agreement only for the period of time that Landlord is in ownership of the Building, and ifupon termination of that ownership, Tenant, except as a consequence to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of such defaultthe Building for the satisfaction of each and every obligation of Landlord hereunder. Upon request and without charge, Tenant shall recover attorn to any successor to Landlord’s interest in this Lease. Landlord may transfer its interest in the Building without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a money judgment against violation on Landlord’s part of any of the terms of this Lease. Landlord shall have no personal liability under any of the terms, such judgment conditions, or covenants of this Lease. Tenant and Tenant Agents shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center including, but not limited to, Building and/or the rents, rents and/or net proceeds and profits derived actually received therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy, or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

Landlord’s Liability. If (a) Except as provided in Articles 40(b) and 40(c) below, Landlord defaults shall have no personal liability with respect to any of the provisions of this Lease. Except as provided in Articles 40(b) and 40(c) below, if Landlord is in default with respect to its obligations under this Agreement and if, as a consequence of such defaultLease, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against look solely to the right, title and interest equity of Landlord in and to the Shopping Center includingBuilding and the Land described in EXHIBIT "A" hereto for satisfaction of Tenant's remedies, but not limited toif any. Except as provided in Articles 40(b) and 40(c) below, it is expressly understood and agreed that Landlord's liability under the rents, proceeds terms of this Lease shall in no event exceed the amount of its interest in and profits derived therefrom as the same may then be constituted to said Land and encumbered, and Landlord shall not be liable for any deficiencyBuilding. In no event shall Tenant have the right to levy execution against any property partner of Landlord other than its rightnor any joint venturer in Landlord, title nor any officer, director or shareholder of Landlord or any such partner or joint venturer of Landlord be personally liable with respect to any of the provisions of this Lease. (b) If a court issues a final and unappealable order, ordering Landlord to pay Tenant a money judgement because of Landlord's default, then except in those instances listed in Article 40(c) below, Tenant's sole remedy to satisfy the judgment shall be from: (i) Landlord's interest in the Shopping Center including, Building and Land including the rental income (but only rental income not limited applied to Operating Expenses or debt service on the Building) and proceeds from sale accruing or received after the date the judgement becomes final and unappealable; and (ii) any insurance or condemnation proceeds received because of damage or condemnation to, or of, the rentsBuilding or Land that become available after the judgement becomes final and unappealable and are not applied to restore the Building or Land. (c) Notwithstanding the foregoing, proceeds Landlord will have personal liability when and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided below: (i) Landlord has failed to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined apply insurance or condemnation proceeds as required by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited Lease, but only to the extent this Agreement otherwise expressly limits Tenant’s rights of such misappropriation of proceeds; (ii) Landlord misappropriated the funds of Tenant or remediesescrow funds, but only to the extent of such misappropriation of proceeds; or (iii) Landlord has failed to carry insurance required by Article 17(b), but only to the extent of insurance proceeds that would have been available after the date the judgement becomes final and unappealable but for such failure. Notwithstanding anything contained Nothing in this Agreement Article 40 shall be interpreted to the contrarymean that Tenant cannot be awarded specific performance, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, an injunction or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesequitable relief.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence (a) Tenant agrees to look solely to Landlord’s equity interest in the Property at the time of such default, Tenant shall recover a money recovery for recovery of any judgment against Landlord, such judgment and agrees that neither Landlord, its partners, members or their officers, agents and employees nor any successor of Landlord, its partners, members or their officers, agents and employees shall be satisfied personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or any successor of Landlord, or to take any action not involving the right, title and interest personal liability of Landlord or any successor of Landlord to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Shopping Center includingProperty. (b) In no event shall Landlord ever be liable to Tenant for any loss of business or any other indirect or consequential damages suffered by Tenant from whatever cause. (c) Where provision is made in this Lease for Landlord’s consent, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumberedTenant shall request such consent, and Landlord shall fail or refuse to give such consent, Tenant shall not be liable entitled to any damages for any deficiency. In no event withholding by Landlord of its consent, it being intended that Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent Furthermore, whenever Tenant have the right requests Landlord’s consent or approval (whether or not provided for herein), Tenant shall pay to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise on demand, as Additional Rent, any of its rights provided at law reasonable expenses incurred by Landlord (including without limitation reasonable attorneys’ fees and costs, if any) in connection therewith. (d) Any repairs or in equity; provided, however: (a) Tenant shall have no right restoration required or permitted to offset or xxxxx rent in the event of any default be made by Landlord under this AgreementLease may be made during normal business hours, and Landlord shall have no liability for damages to Tenant for inconvenience, annoyance or interruption of business arising therefrom, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default caused by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members ’s negligence or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.willful misconduct,

Landlord’s Liability. Tenant agrees to look only to Landlord’s interest in the Land and Building and the proceeds therefrom for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults under this Agreement from time to time transfers its interest in the Land and ifBuilding (or part thereof which includes the Premises), as a consequence of then from and after each such default, transfer Tenant shall recover a money judgment against look solely to the interests in the Land and Building of each of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest satisfaction of any claim relating to non-performance of all of the obligations of Landlord in the Shopping Center includinghereunder (or under any related instrument). The obligations of Landlord shall not be binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any successor, individually, but not limited toonly upon Landlord’s or such successor’s interest described above. Except for the negligence or willful misconduct of Landlord or any of the Indemnitees (as such term is defined in Section 5.5.1), the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable to Tenant and Tenant hereby waives all claims against Landlord for any deficiencyinjury or damage to any person or property whatsoever. In no event shall Landlord ever be liable for any indirect or consequential damages. It is expressly agreed by Landlord and Tenant have that business interruption costs and expenses are indirect and consequential damages under the right to levy execution against any terms of this Lease and no other property assets of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to the extent this Agreement otherwise expressly limits Tenant’s rights levy, execution or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets enforcement procedures for satisfaction of any liability with respect to this Agreementjudgment or decree in favor of Tenant. Notwithstanding anything contained to the contrary in this Agreement to the contraryLease, in no event Tenant shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever not be liable pursuant to Landlord under this Agreement Lease for lost profits indirect or consequential, speculative or punitive consequential damages except under Section 5.2 and provided further that the parties acknowledge that damages set forth in Article VII shall be deemed direct damages and shall not be construed to be consequential damages.

Landlord’s Liability. If 13.4.1. It is understood and agreed that the obligations, covenants or liabilities of Landlord defaults under contained in this Agreement Lease shall be binding upon Landlord and if, as a consequence Landlord's successors only with respect to breaches occurring during Landlord's and Landlord's successors' respective ownership of such defaultLandlord's interest hereunder. Further, Tenant shall recover a money judgment against specifically agrees to look solely to Landlord, such judgment shall be satisfied against the right, title and 's then equity interest of Landlord in the Shopping Center includingBuilding at the time owned, but not limited toor in which Landlord holds an interest as ground lessee, the rentsfor recovery of any judgment from Landlord; it being specifically agreed that Landlord (original or successor and their respective officers, proceeds and profits derived therefrom as the same may then be constituted and encumbereddirectors, stockholders, partners, managers, members, beneficial owners, trustees, employees, agents, contractors, attorneys, and Landlord mortgagees), shall not never be personally liable for any deficiencysuch judgment, or for the payment of any monetary obligation to Tenant. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest The provision contained in the Shopping Center including, but foregoing sentence is not limited intended to, the rentsand shall not limit, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, right that Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall might otherwise have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of obtain injunctive relief against Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest 's successors in Landlordinterest, or any action not involving the personal liability of their personal Landlord (original or successor) or not involving any claim in monetary damages from Landlord's assets for satisfaction of any liability with respect other than a claim limited to this AgreementLandlord's equity interest aforesaid in the Building. Notwithstanding anything contained in any other provision of this Agreement Lease to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) either party ever be liable pursuant for any indirect, special or consequential damages suffered by the other or the other's Agents from any cause whatsoever; provided, however, that the foregoing limitation on damages shall in no event apply to Tenant's failure to comply with, or breach of, Sections 13.21 and 13.23, in which event Landlord shall have recourse to all rights and remedies available under this Agreement for lost profits Lease, at law or consequential, speculative or punitive equity with no such limitation on damages. 13.4.2. With respect to any services, including, without limitation, electric current or water to be furnished by Landlord to Tenant, or obligations to be performed by Landlord hereunder, Landlord shall in no event be liable for failure to furnish or perform the same when (and the date for performance of the same shall be postponed so long as Landlord is) prevented from doing so by strike, lockout, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts or employees necessary to furnish such services, or perform such obligations or because of war or other emergency, or for any cause beyond Landlord's reasonable control, or for any cause due to any act or neglect of Tenant or Tenant's Agents.

Landlord’s Liability. If (a) Tenant agrees to look solely to Landlord’s equity interest in the Property and the proceeds of any insurance carried by Landlord defaults under this Agreement and if, as a consequence at the time of such default, Tenant shall recover a money recovery for recovery of any judgment against Landlord, such judgment and agrees that neither Landlord nor any successor of Landlord shall be satisfied personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or any successor of Landlord, or to take any action not involving the right, title and interest personal liability of Landlord or any successor of Landlord to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Shopping Center includingProperty. (b) In no event shall either party ever be liable to the other for any loss of business or any other indirect or consequential damages suffered by it from whatever cause. Notwithstanding the foregoing, but not limited toLandlord shall have all of the rights and remedies available to it under Section 12.1 in the event that Tenant fails to surrender the Premises in accordance with the terms of this Lease. (c) Where provision is made in this Lease for Landlord’s consent, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumberedTenant shall request such consent, and Landlord shall fail or refuse to give such consent, Tenant shall not be liable entitled to any damages for any deficiency. In no event shall Tenant have the right to levy execution against any property of withholding by Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: consent (a) Tenant shall have no right to offset or xxxxx rent except in the event that Tenant requests Landlord’s consent to an assignment or sublease, or to Tenant’s Work, or to any Alterations, in which case Tenant’s damages shall be limited to $500,000.00), it being intended that Tenant’s sole remedy shall be an action for specific performance or injunction (except in the event that Tenant requests Landlord’s consent to an assignment or sublease, or to Tenant’s Work, or to any Alterations, which remedy shall be as set forth herein), and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent. Furthermore, whenever Tenant requests Landlord’s consent or approval (whether or not provided for herein), Tenant shall pay to Landlord, within ten (10) days of demand, as Additional Rent, any default reasonable out-of-pocket expenses incurred by Landlord (including without limitation reasonable attorneys’ fees and costs, if any) in connection therewith. (d) Any repairs or restoration required or permitted to be made by Landlord under this AgreementLease may be made during normal business hours, except provided that such repairs and restoration are conducted in a manner so as to avoid unreasonable interference with Tenant’s use and occupancy of the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant Premises, and Landlord shall have no right liability for damages to terminate this Agreement unless determined by a court Tenant for inconvenience, annoyance or interruption of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights business arising from such repairs or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesrestoration.

Landlord’s Liability. If 21.1 Except for Landlord's gross negligence or willful misconduct, Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord or its agents or representatives shall not be liable for any deficiency. In no event injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, snow or leaks from any part of the Building or from the pipes, appliances, plumbing, or the roof, street, subsurface or from any other place or by dampness or by any other cause of nature whatsoever; or resulting from the carelessness, negligence or improper conduct on the part of any other tenant or of Landlord's contractors or its or any other tenant's agents, employees, guests, licensees, invitees, subtenant's assignees or successors. 21.2 Anything contained in this Lease to the contrary notwithstanding, Tenant agrees that it shall Tenant have look solely to the right to levy execution against any estate and property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Real Property and the rents, proceeds and profits derived therefrom. Upon Building of which the Premises form a part for the collection of any such uncured judgement (or other judicial process) requiring the payment of money by Landlord for any default or breach by Landlord, Tenant may exercise Landlord of any of its obligations under this Lease, subject, however, to the prior rights provided at law of any ground or underlying landlord or the holder of any mortgage covering the Real Property or the Building or of Landlord's interest therein. No other assets of Landlord shall be subject to levy, execution or other judicial process for the satisfaction of Tenant's claim. This provision shall not be deemed, construed or interpreted to be or constitute an agreement, express or implied, between Landlord and Tenant that Landlord's interest hereunder and in the Real Property or the Building shall be subject to impressment of an equitable lien otherwise. Nothing herein contained shall be construed to limit any right of injunction against Landlord, where appropriate. 21.3 Landlord shall not be deemed in default with respect to the failure to perform any of the terms, covenants and conditions of this Lease on Landlord's part to be performed, if such failure is due in whole or in equity; providedpart to any strike, however: lockout, labor dispute (a) whether legal or illegal), civil disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties, Acts of God, acts caused directly or indirectly by Tenant shall have no right to offset (or xxxxx rent in the event Tenant's agents, employees, guests or invitees), acts of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature other tenants or occupants of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners Building or any other persons or entities having any interest in cause beyond the reasonable control of Landlord. In such event, or any the time for performance by Landlord shall be extended by an amount of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement time equal to the contrary, in no event period of the delay so caused. Landlord shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant use best efforts to this Agreement for lost profits or consequential, speculative or punitive damagesrestore as quickly as possible.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon transfer, Landlord shall automatically be released from all further liability under this Lease; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s Security Deposit to Tenant or transfer Tenant’s Security Deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any such uncured default by Landlordlender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant may exercise agrees to look solely to Landlord’s equity interest in the Project for the collection of any judgment requiring the payment of its rights provided at law or in equity; provided, however: money by Landlord arising out of (a) Tenant shall have no right Landlord’s failure to offset or xxxxx rent in the event of any default by Landlord perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreementassets. Notwithstanding anything contained in this Agreement to the contrary, in In no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits or consequential, speculative consequential or punitive damages.

Landlord’s Liability. Txxxxx agrees from time to time to look only to Landlord’s interest in the Premises for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults under this Agreement from time to time transfers its interest in the Premises, then from and if, as a consequence of after each such default, transfer Tenant shall recover a money judgment against look solely to the interests in the Premises of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest performance of all of the obligations of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and hereunder (or under any related instrument). The obligations of Landlord shall not be liable for binding on any deficiency. In no event shall Tenant have the right to levy execution against any property direct or indirect partners (or members, trustees, or beneficiaries) of Landlord other than its rightor of any successor, title and interest in the Shopping Center includingindividually, but not limited only upon Landlord’s or such successor’s interest described above. Further, if Landlord is, or one of the parties comprising Landlord is, or the Lease is assigned to, a real estate investment trust (“REIT”), the rents, proceeds parties acknowledge and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, agree that the obligations of Landlord the REIT hereunder and under this Agreement all documents delivered pursuant hereto (including any actual and all documents to which the Lease may be pursuant) or alleged breach which give effect to, or default by Landlord) do not constitute personal obligations amend or supplement, the terms of the individual partnersLease are not personally binding upon any trustee thereof, directors, officers, members any registered or shareholders beneficial holder of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners units (a “Unitholder”) or any other persons annuitant under a plan of which a Unitholder acts as a trustee or entities having any interest in Landlordcarrier, or any officers, employees or agents of their personal assets for the REIT and resort shall not be had to, nor shall recourse or satisfaction be sought from, any of the foregoing or the private property of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to of the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesforegoing.

Landlord’s Liability. If Landlord’s obligations hereunder shall be binding upon Landlord defaults under this Agreement only for the period of time that Landlord is in ownership of the Building, and ifupon termination of that ownership, Tenant, except as a consequence to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of such defaultthe Building for the satisfaction of each and every obligation of Landlord hereunder (so long as Landlord’s successor assumes all of Landlord’s obligations hereunder). Upon request and without charge, Tenant shall recover attorn to any successor to Landlord’s interest in this Lease and, at the option of any Mortgagees, to such Mortgagees, so long as such successor entity(ies) agree(s) in writing to assume Landlord’s obligations under this Lease. Landlord may transfer its interest in the Building without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a money judgment against violation on Landlord’s part of any of the terms of this Lease. Landlord shall have no personal liability under any of the terms, such judgment conditions, or covenants of this Lease. Tenant and Tenant Agents shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center includingBuilding, but not limited to, the all rents, proceeds issues and profits derived therefrom, and/or the net proceeds actually received therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy, or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

Landlord’s Liability. If (A) In the event of a sale or transfer of all or any portion of the Building or any undivided interest therein, or in the event of the making of a lease of all or substantially all of the Building, or in the event of a sale or transfer of the Landlord's fee or leasehold estate, the grantor, transferor or lessor, as the case may be, shall thereafter be entirely relieved of all terms, covenants and obligations thereafter to be performed by Landlord defaults under this Agreement Lease to the extent of the interest or portion so sold, transferred or leased; provided that (i) any amount then due and ifpayable to Tenant or for which Landlord or the then grantor, transferor or lessor would otherwise then be liable to pay to Tenant (it being understood that the owner of an undivided interest in the fee or any such lease shall be liable only for his or its proportionate share of such amount) shall be paid to Tenant, (ii) the interest of the grantor, transferor or lessor, as a consequence Landlord, in any funds then in the hands of Landlord or the then grantor, transferor or lessor in which Tenant has an interest, shall be turned over, subject to such interest, to the then grantee, transferee or lessee, and (iii) notice of such defaultsale, Tenant shall recover a money judgment against Landlord, such judgment transfer or lease shall be satisfied against delivered to Tenant. Upon the righttermination of any such lease, title the lessor thereunder shall become and interest remain liable as Landlord hereunder only so long as there shall not be made another such lease. (B) Tenant agrees that it shall look solely to the estate and property of Landlord in the Shopping Center includingBuilding and the land constituting the Building Parcel (subject to prior rights, but not limited toif any, of holders of superior interests) for the rents, proceeds and profits derived therefrom as collection of any judgment (or other judicial process) requiring the same may then be constituted and encumbered, and payment of money by Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default or breach by Landlord under this Agreement, except with respect to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breachterms, covenants and conditions of this Lease to be observed or performed by Landlord; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders no other assets of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities Person having any interest in LandlordLandlord shall be subject to levy, execution or any of their personal assets other procedures for the satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesTenant's remedies.

Landlord’s Liability. Tenant is granted no contractual right of termination by this Lease. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against only out of the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then be constituted and encumbered, encumbered and Landlord shall not be liable for any deficiency, it being agreed that Landlord shall never be personally liable for any such judgment. If Landlord is found to be in default hereunder by reason of its failure to give a consent that it is required to give hereunder, Tenant's sole remedy will be an action for specific performance or injunction. The foregoing sentence shall in no event be construed as mandatorily requiring Landlord to give consents under this Lease. In no event shall Landlord be liable to Tenant for consequential or special damages by reason of a failure to perform (or a default) by Landlord hereunder or otherwise. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center includingProperty as hereinbefore expressly provided. Notwithstanding the foregoing, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default unless caused by Landlord's gross negligence or willful misconduct, Landlord shall not be liable to Tenant may exercise for any claims, actions, demands, costs, expenses, damage or liability of any kind (i) arising out of the use, occupancy or enjoyment of the Premises by Tenant or any person therein or holding under Tenant or by or through the acts or omissions of any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directorstheir respective employees, officers, members agents, invitees or shareholders contractors, (ii) caused by or arising out of Landlord fire, explosion, falling sheetrock, gas, electricity, water, rain, snow or Landlord’s partnersdampness, and Tenant shall not seek recourse against or leaks in any part of the individual partnersPremises, directors(iii) caused by or arising out of damage to the roof, officerspipes, members appliances or shareholders of Landlord or against Landlord’s partners plumbing works or any other persons damage to or entities having any interest in Landlordmalfunction of heating, ventilation or air conditioning equipment or (iv) caused by tenants or any persons either in the Premises or elsewhere in the Building (other than Common Areas) or by occupants of their personal assets for satisfaction property adjacent to the Building or Common Areas or by the public or by the construction of any liability with respect to this Agreementprivate, public or quasi-public work. Notwithstanding anything contained in this Agreement to the contrary, in In no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits any loss of or consequential, speculative damage to property of Tenant or punitive damagesof others located in the Premises or the Building by reason of theft or burglary.

Landlord’s Liability. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided in Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this lease, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default or breach by Landlord under with respect to any of the terms of the Lease to be observed and performed by Landlord (a) Tenant shall look solely to the estate and property (which is the subject of this Agreementlease) of Landlord or any successor in interest in the property (which shall be deemed to include the rental income, the proceeds of any sale by Landlord as well as any insurance or condemnation proceeds), for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any successor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies; (c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partner’s, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Property and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Property, Tenant agrees to look solely to Landlord’s equity interest in the Property, and the rent, proceeds and other income therefrom for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, trustee, beneficiary, officer, director, member, shareholder, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directorstrustees or shareholders, officersbeneficiaries or members of Landlord, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders any of Landlord or against Landlord’s partners or any other said persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding or the Real Property, but not limited toas the case may be, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Lease. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, Real Property and Tenant shall not seek recourse against the individual partners, directors, officers, members look to or shareholders of Landlord or against Landlord’s partners or attach any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.property or

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and ifLease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, in respect of the period thereafter occurring and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder thereafter to be performed, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers of Landlord, if Landlord is a consequence corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such defaultpartners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall recover a money judgment look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord, such judgment 's obligations under this Lease shall not exceed and shall be satisfied against the right, title and limited to Landlord's interest of Landlord in the Shopping Center including, but not limited to, Building and the Real Property and the rents, proceeds issues and profits derived therefrom as the same may then be constituted thereof actually received by Landlord and encumbered, and Landlord Tenant shall not be liable look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for any deficiencyLandlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence (a) Tenant agrees to look solely to Landlord’s then equity interest in the Property at the time of such default, Tenant shall recover a money recovery for recovery of any judgment against Landlord, such judgment shall be satisfied against the right, title and interest agrees that neither Landlord nor any successor of Landlord nor any beneficiary, trustee, member, manager, partner, director, officer, employee or shareholder of Landlord or such successor shall ever be personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the Shopping Center including, but foregoing sentence is not limited intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or any successor of Landlord, or to take any action not involving the rentspersonal liability of Landlord or any successor of Landlord to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Property. (b) In no event shall Landlord ever be liable to Tenant for any loss of business or any other indirect or consequential damages suffered by Tenant from whatever cause. (c) Where provision is made in this Lease for Landlord’s consent, proceeds and profits derived therefrom as the same may then be constituted and encumberedTenant shall request such consent, and Landlord shall fail or refuse to give such consent, Tenant shall not be liable entitled to any damages for any deficiencywithholding by Landlord of its consent, it being intended that Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent. In no event Furthermore, whenever Tenant requests Landlord’s consent or approval (whether or not provided for herein), Tenant shall Tenant have the right pay to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise on demand, as Additional Rent, any of its rights provided at law reasonable expenses incurred by Landlord (including without limitation reasonable attorneys’ fees and costs, if any) in connection therewith. (d) Any repairs or in equity; provided, however: (a) Tenant shall have no right restoration required or permitted to offset or xxxxx rent in the event of any default be made by Landlord under this AgreementLease may be made during normal business hours, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant and Landlord shall have no right liability for damages to terminate this Agreement unless determined by a court Tenant for inconvenience, annoyance or interruption of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesbusiness arising therefrom.

Landlord’s Liability. If Anything in this Lease to the contrary notwithstanding, the covenants, undertakings and agreements herein made on the part of Landlord defaults under this Agreement are made and ifintended not as personal covenants, as a consequence undertakings and agreements for the purpose of such default, Tenant shall recover a money judgment against binding Landlord personally or the assets of Landlord, such judgment shall be satisfied against but are made and intended for the right, title and purpose of binding only the Landlord's interest of Landlord in the Shopping Center including, but not limited to, Leased Premises and the Building as well as the future rents, proceeds issues and profits derived therefrom thereof, as the same may then from time to time be constituted encumbered. No personal liability or personal responsibility is assumed by, nor shall at any time be asserted or enforceable against Landlord or any of its members or their respective heirs, legal representatives, successors, and encumberedassigns on account of the Lease or on account of any covenant, undertaking or agreement of Landlord in this Lease. Therefore, in consideration of the benefits accruing hereunder, Tenant and all successors and assigns covenant and agree that, in the event of any actual or alleged failure, breach or default hereunder by Landlord: (a) The sole and exclusive remedy of Tenant shall be against the Landlord's interest in the Leased Premises and the Building and the future rents, issues and profits thereof; (b) No member of Landlord, or any director, officer, agent or employee of Landlord shall be sued or named as a party in any suit or action, and Landlord shall not assert therein the defense or lack of personal jurisdiction arising out of Tenant's compliance with this Section 26.10; (c) No member of Landlord shall be liable for required to answer or otherwise plead to any deficiency. In no event shall Tenant have the right to levy execution service or process; (d) No judgment will be taken against any property member of Landlord; (e) Any judgment taken against any member of Landlord may be vacated and set aside at any time nunc pro tunc; (f) No writ of execution will ever be levied against the assets of Landlord or any member of Landlord, other than its right, title and Landlord's interest in the Shopping Center including, but not limited to, Leased Premises or the rents, proceeds Building; (g) These covenants and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default agreements are enforceable both by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined and also by a court any member of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding or the Real Property, but not limited toas the case may be, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to Lease provided the extent offset rights same are specifically provided to Tenant in this Agreement; (b) assumed by such transferee or assignee. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, Real Property and Tenant shall not seek recourse against the individual partners, directors, officers, members look to or shareholders attach any other property or assets of Landlord or against Landlord’s partners the property or any other persons or entities having any interest in Landlord, or assets of any of their personal assets the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for satisfaction of any liability with respect Landlord's failure to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesperform such obligations.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord’s equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee, officer, director, member or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If The term "Landlord," as used in this Lease, shall mean only the owner or owners of the Building at the time in question. In the event of any conveyance of title to the Building, then from and after the date of such conveyance, the transferor Landlord defaults shall be relieved of all liability with respect to Landlord's obligations first arising and to be performed under this Agreement and if, as a consequence Lease after the date of such defaultconveyance. Notwithstanding any other term or provision of this Lease, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest liability of Landlord for Landlord's breach of its obligations under this Lease is limited solely to (a) Landlord's interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then from time to time be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) any Rent prepaid by Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and Landlord, (c) Tenant’s rights and remedies hereunder shall be limited proceeds received by Landlord from Landlord's all risk insurance policy covering the Building following a fire or other casualty to the extent Premises or the Building, if Landlord materially misappropriates such proceeds, and either (i) such proceeds are not used for repair or restoration in accordance with the provisions of Section 12 of this Agreement otherwise expressly limits Tenant’s rights Lease, or remedies. Notwithstanding anything contained (ii) this Lease is not terminated in accordance with the provisions of Section 12 of this Agreement Lease, (d) Awards received by Landlord from Condemnation, if Landlord materially misappropriates such Award, and either (iii) the Award is not used for restoration in accordance with the provisions of Section 13 of this Lease, or (iv) this Lease is not terminated in accordance with the provisions of Section 13 of this Lease, and (e) subject to the contraryprovisions of Sections 4 and 37 and 38 of this Lease, the obligations Tenant's Security Deposit or letter of Landlord under this Agreement (including credit given by Tenant to Landlord; and no personal liability shall at any actual time be asserted or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse enforceable against the individual partners, directors, officers, members or shareholders any other assets of Landlord or against Landlord’s 's partners or any other persons members or entities having any interest in Landlordits or their respective partners, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryshareholders, in no event shall Landlord or any Landlord’s officers, trusteesmembers, directors, partners, beneficiaries, joint venturers, members, stockholders, officers or other principals managers on account of any of Landlord's obligations or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to actions under this Agreement for lost profits or consequential, speculative or punitive damagesLease.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and ifLease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any successor landlord after the sale, conveyance, assignment or transfer by such successor landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, Neither the shareholders, directors or officers of Landlord, if Landlord is a consequence corporation, nor the partners and members comprising Landlord (nor any of the shareholders, directors or officers of such defaultpartners or members), if Landlord is a partnership or limited liability company (collectively, the “Parties”), shall be liable for the performance of Landlord’s obligations under this Lease. Tenant shall recover a money judgment look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord, such judgment ’s obligations under this Lease shall not exceed and shall be satisfied against limited to Landlord’s interest in the right, title Building and interest the Real Property and Tenant shall not look to any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations. Tenant waives, to the Shopping Center includingfull extent permitted by law, any claim for indirect, consequential or punitive damages, including but not limited to, the rentsloss of profits, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for in connection with any deficiency. In no event shall Tenant have the right to levy execution against any property liability of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damageshereunder.

Landlord’s Liability. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided In Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this lease, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default or breach by Landlord under with respect to any of the terms of the Lease to be observed and performed by Landlord (a) Tenant shall look solely to the estate and property (which is the subject of this Agreementlease) of Landlord or any successor in interest in the property (which shall be deemed to include the rental income, the proceeds of any sale by Landlord as well as any insurance or condemnation proceeds), for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any successor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies;(c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partner’s, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.

Landlord’s Liability. If the Building shall be sold, leased or otherwise transferred, Landlord defaults shall be relieved of all future obligations and liabilities hereunder arising from and after the date of the transfer and the transferee shall be deemed to have assumed and agreed to perform all such obligations and liabilities of Landlord under this Agreement and if, as a consequence Lease. In the event of such defaultsale, Tenant lease or transfer, Landlord shall recover a money judgment against also be relieved of all existing obligations and liabilities hereunder provided that the transferee assumes in writing such obligations. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such judgment shall be satisfied against the rightpartners), title and interest if Landlord is a partnership, nor ally member of Landlord, if Landlord in the Shopping Center including, but not is a limited toliability company (collectively, the rents“Parties”), proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencythe performance of Landlord’s obligations under this Lease. In no event Tenant shall Tenant have the right look solely to levy execution Landlord to enforce Landlord’s obligations hereunder and shall not seek ally damages against any property of the Parties. The liability of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by for Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord ’s obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant Lease shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersinterest in the Building and the Real Property (including, without limitation, any insurance, condemnation and sales or refinance proceeds thereof) and Tenant shall not seek recourse against the individual partners, directors, officers, members look to any other property or shareholders assets of Landlord or against the property or assets of any of the Parties in seeking either to enforce Landlord’s partners obligations under this Lease or any other persons or entities having any interest in to satisfy a judgment for Landlord, or any of their personal assets for satisfaction of ’s failure to perform such obligations. Neither Landlord nor Tenant shall have any liability with respect to for any consequential or punitive damages under this Agreement. Notwithstanding anything contained in this Agreement to the contraryLease, in no event shall Landlord or any Landlordexcept for Tenant’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable liability pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesSubsection 19B hereof.

Landlord’s Liability. If Landlord defaults under this Agreement and if, The term “Landlord” as a consequence used herein shall mean the owner or owners at the time in question of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyPremises. In no the event shall Tenant have the right to levy execution against any property of Landlord other than its right, a transfer of Landlord’s title and or interest in the Shopping Center includingPremises or in this Lease, but not limited toLandlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Landlord at the time of such transfer or assignment. Except as provided in Paragraph 15.3, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the rents, proceeds and profits derived therefrom. Upon any such uncured default prior Landlord shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Landlord shall be binding only upon the Landlord as herein above defined. Notwithstanding any other terms or provisions of this Lease, Tenant may exercise agrees that in the event of any Breach by Landlord with respect to any of its rights provided at law or in equity; provided, however: the terms of the Lease to be observed and performed by Landlord (a) Tenant shall have no right look solely to offset the estate and property (which is the subject of this Lease) of Landlord or xxxxx rent any successor in interest in the event property and the Building, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord; (b) no other property or assets of Landlord, its partners, members, shareholders, officers or any default by Landlord under this Agreementsuccessor in interest shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenant’s remedies; (c) no personal liability shall at any time be asserted or enforceable against Landlord, it’s partners, members or successors in interest (except to the extent offset rights are specifically provided to Tenant permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this Agreement; (b) Tenant section shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited apply only to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Landlord and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersparties herein described, and Tenant shall not seek recourse against be for the individual partners, directors, officers, members or shareholders benefit of Landlord or against Landlord’s partners or any insurer nor any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthird party.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Premises and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease if the transferee assumes Landlord's obligations under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Premises, Tenant agrees to look solely to Landlord's equity interest in the Premises for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Landlord defaults are concerned shall be limited to mean and include only a ground lessee if the named Landlord herein is holding the premises under this Agreement and if, a ground lease for so long as a consequence the named Landlord is the holder of such defaultground lease interest or the owner or owners of the fee simple of the Premises; and in the event of transfer or transfers of either the ground leasehold interest to any other person or the transfer of title to the fee premises to any person, the Landlord herein named (and in the case of subsequent transfers or conveyances the then grantor or assignor), shall be automatically freed and relieved from and after the date of such transfer or conveyance or assignment of all liability as respects the performance of any covenant or obligation on the part of the Landlord contained in this Lease thereafter to be performed, it being the intention of the parties that the covenants and obligations to be observed and performed by the Landlord shall be binding upon the Landlord only during and in respect of its period of ownership of either a leasehold interest, or a fee interest as the case may be. Anything in this Lease to the contrary notwithstanding, Tenant shall recover a money judgment against Landlordagrees that Tenant shall, such judgment shall be satisfied against subject to prior rights of any mortgagee of the rightPremises, title look solely to the estate and interest property of Landlord in the Shopping Center including, but not limited to, Premises and any available rents and proceeds therefrom for the rents, proceeds and profits derived therefrom as collection of any judgment (or other judicial process) requiring the same may then be constituted and encumbered, and payment of money by Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default or breach by Landlord under this Agreement, except with respect to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breach; terms, covenants and (c) Tenant’s rights and remedies hereunder shall conditions of this Lease to be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default observed and/or performed by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders and no other assets of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders any principal of Landlord shall be subject to levy, execution or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets procedures for the satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any LandlordTenant’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesremedies.

Landlord’s Liability. If Landlord defaults shall be liable and assumes the risk for any damage occasioned by reason of the construction of the Premises or for failure to keep the Premises in repair, provided Landlord is obligated to construct same or make such repairs under this Agreement the terms hereof, and if, as a consequence further provided that notice of such default, Tenant shall recover a money judgment against the need for repairs has been given to Landlord, a reasonable time has elapsed and Landlord has failed to make such judgment repairs. Landlord shall also be satisfied against the rightliable for its negligence or willful misconduct in performing any repairs that Landlord undertakes hereunder. Except as hereinabove set forth, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event damage done or occasioned by or from the electrical system, heating or air conditioning system, and plumbing and sewer systems in, upon or about the Premises or the building of which the Premises are a part, nor for damages occasioned by water, snow or ice being upon or coming through the roof, trap door, walls, windows, doors or otherwise, nor for any damage arising from acts of negligence of tenants or other occupants of the building or buildings of which the Premises may be a part, or the acts of any owners or occupants of adjoining or contiguous properties, and in any event, Landlord shall Tenant have not be liable for any damage to Tenants Improvements, Personal Property, or merchandise resulting from fire or other insurable hazards, regardless of the right to levy execution against any property of Landlord cause thereof other than its right, title and interest in as results from the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by gross negligence or willful misconduct of Landlord, Tenant may exercise any of its rights provided at law employees or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersagents, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.Tenaxx,

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not --------------------- be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding or the Real Property, but not limited toas the case may be, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Lease. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, Real Property and Tenant shall not seek recourse against the individual partners, directors, officers, members look to any other property or shareholders assets of Landlord or against Landlord’s partners the property or any other persons or entities having any interest in Landlord, or assets of any of their personal assets the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgement for satisfaction of any liability with respect Landlord's failure to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesperform such obligations.

Landlord’s Liability. If This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiency. In no event shall Tenant have loss or damage to person, property or business, unless due to the right to levy execution against any property negligence of Landlord other than nor shall Landlord be liable for any latent defect in the premises or the building. Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its rightdesignees as additional insureds. Evidence of the policies, title and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be canceled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant agrees to look solely to Landlord's estate and interest in the Shopping Center includingland and building, but not limited toor the lease of the building or of the land and building, and the rentsdemised premises, proceeds and profits derived therefrom. Upon for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event or any liability by Landlord, and no other property or assets of any default by Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect 5 to this Agreementlease, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court relationship of competent jurisdiction under applicable law taking into account the nature Landlord and tenant hereunder, or Tenant's use and occupancy of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners demised premises or any other persons or entities having any interest in Landlord, or any liability of their personal assets Landlord to Tenant (except for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesnegligence).

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Property and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability arising under this Lease after the effective date of such transfer; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the tights of any default lender holding a mortgage or deed of trust encumbering all or part of the Property, Tenant agrees to look solely to Landlord’s equity interest in the Property for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, trustee, beneficiary, officer, director, member, shareholder, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directorstrustees or shareholders, officersbeneficiaries or members of Landlord, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders any of Landlord or against Landlord’s partners or any other said persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiencyloss or damage to person, property or business, unless due to the negligence of Landlord, its agents, employees or invitees nor shall Landlord be liable for any latent defect in the premises or the building. In no event Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York. with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its designees as additional insureds. Evidence of the policies, and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant have the right agrees to levy execution against any property of Landlord other than its right, title look solely to Landlord's estate and interest in the Shopping Center includingland and building, but not limited toor the lease of the building or of the land and building, and the rentsdemised premises, proceeds and profits derived therefrom. Upon for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default liability by Landlord. and no other property or assets of Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to levy, execution or other enforcement procedure for the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this Agreementlease. Notwithstanding anything contained in this Agreement to the contraryrelationship of landlord and tenant hereunder, in no event shall Landlord or Tenant's use and occupancy of the demised premises or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed liability of Landlord to Tenant (and their respective successors and assigns) ever be liable pursuant to this Agreement except for lost profits or consequential, speculative or punitive damagesnegligence).

Landlord’s Liability. If This Lease and the obligations of Tenant hereunder shall, except as otherwise set forth herein, in no way be affected because Landlord defaults under this Agreement and ifis unable to fulfill any of its obligations or to supply any service, as a consequence by reason of such default, Tenant strike or other cause not within Landlord's control. Landlord shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and interest without incurring any liability to Tenant, to stop any service because of Landlord accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the Shopping Center includingjudgment of Landlord, but not limited tountil such repairs, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any deficiency. In no event shall Tenant have loss or damage to person, property or business, unless due to the right to levy execution against any property negligence or willful misconduct of Landlord other than nor shall Landlord be liable for any latent defect the Premises or the Building. Tenant, during the term of this Lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its rightdesignees as additional insureds. Evidence of the policies, title and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant agrees to look solely to Landlord's estate and interest in the Shopping Center includingland and Building, but not limited toor the Lease of the Building or of the land and Building, and the rentsdemised Premises, proceeds including rentals, refinancing proceeds, condemnation awards and profits derived therefrom. Upon insurance proceeds, for the satisfaction of any such uncured default right or remedy of Tenant for the collection of a judgment (or other judicial process) requiring he payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default liability by Landlord, and no other property or assets of Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited subject to levy, execution or other enforcement procedure for the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability Tenant's remedies under or with respect to this Agreement. Notwithstanding anything contained in this Agreement to Lease, the contraryrelationship of Landlord and Tenant hereinunder, in no event shall Landlord or Tenant's use and occupancy of the demised Premises or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed liability of Landlord to Tenant (and their respective successors and assigns) ever be liable pursuant to this Agreement except for lost profits or consequential, speculative or punitive damagesnegligence).

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding, but not limited toor the Real Property, as the rentscase may be, proceeds provided that such purchaser, grantee, assignee or transferee shall assume in writing the obligations of Landlord hereunder, and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners and members comprising Landlord (nor any of the shareholders, directors or officers of such partners or members), if Landlord is a partnership or limited liability company (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Lease. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, Real Property and Tenant shall not seek recourse against the individual partners, directors, officers, members look to any other property or shareholders assets of Landlord or against Landlord’s partners the property or any other persons or entities having any interest in Landlord, or assets of any of their personal assets the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for satisfaction of any liability with respect Landlord's failure to this Agreementperform such obligations. Notwithstanding anything contained in this Agreement Tenant waives, to the contraryfull extent permitted by law, in no event shall Landlord or any Landlord’s officersclaim for indirect, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative consequential or punitive damages, including loss of profits, in connection with any liability of Landlord hereunder.

Landlord’s Liability. 401 TENANT'S RIGHT IN RESPECT OF LANDLORD DEFAULT. Tenant is granted no contractual right of termination by this Lease, except to the extent and only to the extent set forth in Sections 5.4, 7.1, 8.2 and 12.2 above and Rider H-2 attached hereto. IN THE EVENT THAT LANDLORD COMMITS A DEFAULT HEREUNDER, TENANT MAY PURSUE ANY REMEDIES AVAILABLE TO TENANT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, LANDLORD'S LIABILITY HEREUNDER SHALL BE LIMITED AS PROVIDED IN SECTION 13.402 HEREOF. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against only out of the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then be constituted and encumbered, encumbered and Landlord shall not be liable for any and deficiency. If Landlord is found to be in default hereunder by reason of its failure to give a consent that it is required to give hereunder, Tenant's sole remedy will be an action for specific performance or injunction. The foregoing sentence shall in no event be construed as mandatorily requiring Landlord to give consents under this Lease. In no event shall Landlord be liable to Tenant for consequential or special damages by reason of a failure to perform (or a default) by Landlord hereunder or otherwise. In no event shall Tenant have the any right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center includingProperty as hereinbefore expressly provided. NOTWITHSTANDING THE FOREGOING, but not limited toHOWEVER, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: TENANT SHALL ALSO HAVE THE RIGHT TO SATISFY A JUDGMENT AGAINST LANDLORD OUT OF (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this AgreementTHE PROCEEDS COLLECTED BY LANDLORD OR WHICH LANDLORD HAS THE RIGHT TO COLLECT FROM ANY INSURER WITH RESPECT TO DAMAGE OR DESTRUCTION OF ALL OR ANY PART OF THE PROJECT; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breachTHE PROCEEDS OF ANY SALE OF ALL OR ANY PART OF LANDLORD'S RIGHT, TITLE AND INTEREST IN ALL OR ANY PART OF THE PROJECT; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contraryTHE PROCEEDS OF ANY LOAN SECURED IN WHOLE OR IN PART BY THE PROJECT OR ALL OR ANY PART OF LANDLORD'S RIGHT, the obligations of Landlord under this Agreement TITLE OR INTEREST IN THE PROJECT; AND (including any actual or alleged breach or default by Landlordd) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesANY AND ALL RENTS COLLECTED BY LANDLORD OR WHICH LANDLORD HAS THE RIGHT TO COLLECT WITH RESPECT TO ALL OR ANY PART OF THE PROJECT.

Landlord’s Liability. Xxxxxx agrees from time to time to look only to Landlord’s interest in the Building and the proceeds therefrom (which shall include, without limitation, rents and insurance and sales proceeds) for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates 22 delivered by Landlord) and not to any other property or assets of Landlord. If Landlord defaults from time to time transfers its interest in the Building (or part thereof which includes the Premises), then from and after each such transfer, and the transferee’s written assumption of Landlord’s obligations under this Agreement and if, as a consequence of such defaultLease, Tenant shall recover a money judgment against look solely to the interests in the Building of each of Landlord, such judgment shall be satisfied against ’s transferees for the right, title and interest performance of all of the obligations of Landlord in the Shopping Center includinghereunder (or under any related instrument) thereafter accruing. The obligations of Landlord shall not be binding on any direct or indirect partners (or members, trustees or beneficiaries) of Landlord or of any successor, individually, but not limited toonly upon Landlord’s or such successor’s interest described above. If Landlord shall refuse or fail to provide any consent or approval for any matter for which Xxxxxxxx’s consent or approval is required under this Lease or is otherwise requested by Tenant, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for damages as a result thereof, and Xxxxxx’s sole remedy to enforce any deficiency. In no event shall Tenant have the right to levy execution against any property alleged obligation of Landlord to provide such consent or approval shall be an action for specific performance, injunction, or declaratory relief; provided that this sentence shall not prevent Tenant from pursuing a claim, if made in good faith in accordance with the terms and conditions of this Lease, for direct damages (and not for any other than its rightdamages, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law as indirect or in equity; provided, however: (aconsequential damages) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined caused by a court refusal by Landlord to provide such consent or approval where Landlord was obligated to provide such consent or approval under the terms and conditions of competent jurisdiction under applicable law taking into account the nature this Lease and such refusal was made in bad faith disregard of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the such obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesLease.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence (a) Tenant agrees to look solely to Landlord's equity interest in the Property at the time of such default, Tenant shall recover a money recovery for recovery of any judgment against Landlord, such judgment and agrees that neither Landlord nor any successor of Landlord shall be satisfied personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or any successor of Landlord, or to take any action not involving the right, title and interest personal liability of Landlord or any successor of Landlord to respond in monetary damages from Landlord's assets other than Landlord's equity interest in the Shopping Center includingProperty. (b) In no event shall Landlord ever be liable to Tenant for any loss of business or any other indirect or consequential damages suffered by Tenant from whatever cause. (c) Where provision is made in this Lease for Landlord's consent, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumberedTenant shall request such consent, and Landlord shall fail or refuse to give such consent, Tenant shall not be liable entitled to any damages for any deficiencywithholding by Landlord of its consent, it being intended that Tenant's sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent. In no event Furthermore, whenever Tenant requests Landlord's consent or approval (whether or not provided for herein), Tenant shall Tenant have the right pay to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise on demand, as Additional Rent, any of its rights provided at law reasonable expenses incurred by Landlord (including without limitation reasonable attorneys' fees and costs, if any) in connection therewith. (d) Any repairs or in equity; provided, however: (a) Tenant shall have no right restoration required or permitted to offset or xxxxx rent in the event of any default be made by Landlord under this AgreementLease may be made during normal business hours, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant and Landlord shall have no right liability for damages to terminate this Agreement unless determined by a court Tenant for inconvenience, annoyance or interruption of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder business arising therefrom, but Landlord shall be limited use reasonable efforts to the extent this Agreement otherwise expressly limits Tenant’s rights minimize or remedies. Notwithstanding anything contained in this Agreement to the contraryprevent any such inconvenience, the obligations of Landlord under this Agreement (including any actual annoyance or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesinterruption.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein from and after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of Its Interest in the Building or the Real Property, as the case may be, and in the event of any such sale. conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and II shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers or· Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the “Parties’), shall be liable for the performance of Landlord’s obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord’s obligations under this Lease shall not exceed and shall be limited to Landlord’s interest in the Building and the Real Property and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s Obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: either party (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If Landlord defaults under The term “Landlord,” as used in this Agreement and ifLease, as a consequence shall mean only the owner or owners, at the time in question, of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, fee title and interest of Landlord in to the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Building. Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than transfer and assign, in whole or in part, all its right, title rights and interest obligations under this Lease and in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefromProperty. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in In the event of any default by transfer, Landlord under as named in this AgreementLease (and in the case of any subsequent transfers, except then the grantor) shall be relieved from and after the date of such transfer of all liability in respect of Landlord’s obligations thereafter to be performed. Any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has a n interest, shall be delivered to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remediesgrantee. Notwithstanding anything The obligations contained in this Agreement Lease to be performed by Landlord shall, subject to the contraryabove, the be binding on Landlord’s successors and assigns, only during their respective periods of ownership. The obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of Landlord or the individual partners, shareholders, members, managers, directors, officers, members or shareholders of Landlord or and property managers. Tenant shall look solely to Landlord’s partnersthen existing interest in the Property, and Tenant shall to no other assets of Landlord, for satisfaction of any liability in respect of this Lease, and will not seek recourse against the individual partners, shareholders, members, managers, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlordproperty managers, or any of their personal assets for such satisfaction. No other properties or assets of Landlord shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any liability judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with respect to this Agreement. Notwithstanding anything contained in this Agreement to Lease, the contrary, in no event shall relationship of Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholdersand Tenant, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever Tenant’s use of the Premises. Landlord shall under no circumstances be liable pursuant for injury to this Agreement Tenant’s business or for lost profits any loss of income, incidental or consequentialconsequential damages, speculative or profit therefrom or for punitive damages, all of which are expressly waived by Tenant.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence (a) Tenant agrees to look solely to Landlord’s then equity interest in the Buildings at the time of such default, Tenant shall recover a money recovery for recovery of any judgment against Landlord, such judgment shall be satisfied against the right, title and interest agrees that neither Landlord nor any successor of Landlord nor any beneficiary, trustee, member, manager, partner, director, officer, employee or shareholder of Landlord or such successor shall ever be personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the Shopping Center including, but foregoing sentence is not limited intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or any successor of Landlord, or to take any action not involving the rentspersonal liability of Landlord or any successor of Landlord to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Buildings. (b) In no event shall Landlord ever be liable to Tenant for any loss of business or any other indirect or consequential damages suffered by Tenant from whatever cause. (c) Where provision is made in this Lease for Landlord’s consent, proceeds and profits derived therefrom as the same may then be constituted and encumberedTenant shall request such consent, and Landlord shall fail or refuse to give such consent, Tenant shall not be liable entitled to any damages for any deficiencywithholding by Landlord of its consent, it being intended that Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent. In no event Notwithstanding the foregoing, Landlord shall indemnify, defend, protect and hold harmless Tenant have the right from all losses, damages, liabilities, claims, attorneys’ fees, costs and expenses, excluding consequential damages, arising from Landlord’s violation of this Lease with respect to levy execution against its obligation not to unreasonably withhold its consent. Furthermore, except as otherwise expressly set forth in Section 5.2(a), with respect to Alterations to be performed by Tenant, and Section 6.4, with respect to any property of Landlord other than its rightTransfer proposed by Tenant, title and interest in the Shopping Center includingwhenever Tenant requests Landlord’s consent or approval (whether or not provided for herein), but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Tenant shall pay to Landlord, Tenant may exercise on demand, as Additional Rent, any of its rights provided at law reasonable expenses incurred by Landlord (including without limitation reasonable attorneys’ fees and costs, if any) in connection therewith. (d) Any repairs or in equity; provided, however: (a) Tenant shall have no right restoration required or permitted to offset or xxxxx rent in the event of any default be made by Landlord under this AgreementLease may be made during normal business hours, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant and Landlord shall have no right liability for damages to terminate this Agreement unless determined by a court Tenant for inconvenience, annoyance or interruption of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesbusiness arising therefrom.

Landlord’s Liability. If Landlord defaults shall be in default under this Agreement and ifRider and, if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against only out of the right, title title, and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then be constituted encumbered and encumbered, and neither Landlord nor any person or entity comprising Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord nor any person or entity comprising Landlord other than its right, title and interest in the Shopping Center includingProperty as herein expressly provided. In addition, but not limited to, no sum payable to Tenant as the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event result of any breach or default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder Rider shall be limited to deducted from or offset against any rent or other sums payable under the extent this Agreement otherwise expressly limits Tenant’s rights Lease, and no such beach or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of default by Landlord under this Agreement Rider shall be the subject of a defense or counterclaim in any action or proceeding brought by Landlord to enforce its rights under the Lease or excuse Tenant from the performance of any of its obligations under the Lease or relieve Tenant of any of its liabilities thereunder. THIS FIRST AMENDMENT TO LEASE (including any actual or alleged breach or default by Landlordthis “Amendment”) do not constitute personal obligations is made as of the individual partners8th day of Oct., directors2010 (the “Effective Date”), officersby and between XX XXXXXXX-SALEM LLC, members or shareholders of Landlord or a Delaware limited liability company with offices at 000 Xxxx 00xx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000 (“Landlord’s partners”), and Tenant shall not seek recourse against the individual partnersBE AEROSPACE, directorsINC., officersa Delaware corporation having an office at 000 Xxxx Xxxxxx, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in LandlordXxxxx 0000, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryXxxxxxx-Xxxxx, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed Xxxxx Xxxxxxxx 00000 (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages“Tenant”).

Landlord’s Liability. If (a) Tenant agrees to look solely to Landlord’s then equity interest in the Property at the time of recovery for recovery of any judgment against Landlord, and agrees that neither Landlord defaults under nor any successor of Landlord nor any beneficiary, trustee, member, manager, partner, director, officer, employee or shareholder of Landlord or such successor shall ever be personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or any successor of Landlord, or to take any action not involving the personal liability of Landlord or any successor of Landlord to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Property. In furtherance of the foregoing, if Landlord fails to perform any provision of this Agreement Lease which is Landlord’s obligation to perform, and if, as a consequence of such defaultfailure, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only (i) out of the proceeds of sale received upon levy against the right, title and interest of Landlord in the Shopping Center includingBuilding, but or (ii) to the extent not limited toencumbered by a secured creditor, out of the rentsrents or other incomes receivable by Landlord from the property of which the Premises are a part. (b) Except for Tenant’s liability for damages under Section 5.5(c) and Section 12.1 of this Lease, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In in no event shall either Landlord or Tenant have ever be liable to the right other for any loss of business or any other indirect or consequential damages suffered by that party from whatever cause. Landlord shall look solely to levy execution against any property the assets of Landlord other than its right, title Tenant to enforce Tenant’s obligations hereunder and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise no event shall any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrarypartners, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual former partners, shareholders, directors, officers, members principals, clients, employees or shareholders agents, directly and indirectly, disclosed or undisclosed, of Tenant ever be personally liable for any judgment against Tenant or for any other liability or obligation of Tenant under this Lease owed to Landlord or any successor of Landlord. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Landlord might otherwise have to obtain injunctive relief (or to take any other action against Tenant or any Tenant Parties or their respective successors in interest not involving the personal liability of Tenant or any Tenant Parties and which is not otherwise inconsistent with the recourse limitations set forth in the prior sentence). ACTIVE/91437610.6 (c) Where provision is made in this Lease for Landlord’s partnersconsent, and Tenant shall request such consent, and Landlord shall fail or refuse to give such consent, Tenant shall not seek recourse against the individual partnersbe entitled to any damages for any withholding by Landlord of its consent, directorsit being intended that Tenant’s sole remedy shall be an action for specific performance or injunction, officersand that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent. Furthermore, members or shareholders of Landlord or against whenever Tenant requests Landlord’s partners consent or any other persons approval (whether or entities having any interest in not provided for herein), Tenant shall pay to Landlord, on demand, as Additional Rent, any reasonable expenses incurred by Landlord (including without limitation reasonable attorneys’ fees and costs, if any) in connection therewith. (d) Any repairs or any restoration required or permitted to be made by Landlord under this Lease may be made during normal business hours, and Landlord shall have no liability for damages to Tenant for inconvenience, annoyance or interruption of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesbusiness arising therefrom.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent Xxxxxx agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Xxxxxx hereby agrees to look solely to Xxxxxxxx’s transferee for the performance of Xxxxxxxx’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Xxxxxx’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Xxxxxx agrees to look solely to Landlord’s equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreementassets. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.​

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Premises and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default by such a transfer Landlord shall automatically be released from all liability under this Agreement, except Lease to the extent offset rights are specifically provided the same is assumed by the transferee or arises after the date of such transfer; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any lender holding a mortgage or deed of trust encumbering all or part of the Premises, Tenant agrees to look solely to Landlord’s equity interest in the Premises for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right in default under this Lease unless Landlord fails to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise perform any of its rights provided at law or in equity; providedobligations hereunder within thirty (30) days after written notice from Tenant specifying such failure (unless such performance will, however: (a) Tenant shall have no right due to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and obligation, require a period of time in excess of thirty (c30) Tenant’s rights and remedies hereunder days, then after such period of time as is reasonably necessary). All obligations of Landlord shall be limited to the extent this Agreement construed as covenants, not conditions; and, except as may be otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained provided in this Agreement to the contraryLease, the Tenant may not terminate this Lease for breach of Landlord’s obligations hereunder. All obligations of Landlord under this Agreement (including any actual or alleged breach or default by Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term “Landlord) do not constitute personal ” in this Lease shall mean only the then current owner of the Premises, and in the event of a transfer of the Premises, such owner shall be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the individual partners, directors, officers, members or shareholders Lease Term upon each new owner for the duration of such owner’s ownership. Any liability of Landlord or Landlord’s partnersunder this Lease shall be limited solely to its interest in the Premises, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall any personal liability be asserted against Landlord in connection with this Lease nor shall any recourse be had to any other property or assets of Landlord. Landlord shall not have any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant liability to this Agreement Tenant for lost profits or any consequential, speculative indirect or punitive damages.

Landlord’s Liability. The term "Landlord" as used herein and throughout the Lease shall mean only the owner or owners at the time in question of Landlord's interest in this Lease. Upon any transfer of such interest, from and after the date of such transfer, Landlord herein named (and in case of any subsequent transfers the then transferor) and each of its partners, principals, shareholders, members, 39 beneficiaries or co-tenants, as the case may be, ("LANDLORD'S CONSTITUENT PARTIES") shall be relieved of all liability for the performance of any obligations on the part of the Landlord contained in this Lease, provided that any monies in the hands of Landlord or the then transferor at the time of such transfer, in which Tenant has an interest, shall be delivered to the transferee. The obligations contained in this Lease to be performed by Landlord shall be binding on Landlord's successors and assigns, only during their respective periods of ownership, provided, however, that Landlord and each of Landlord's Constituent Parties shall be under no personal liability with respect to any of the provisions, covenants or agreements of this Lease. If Landlord defaults becomes obligated to pay Tenant a money judgment or otherwise expend funds on account of any failure by Landlord to perform any of its obligations under this Agreement and if, as a consequence of such defaultLease, Tenant shall recover a be limited for the satisfaction of the money judgment against or other obligation solely to Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and 's interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: Building (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature inclusive of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations proceeds of the individual partners, directors, officers, members sale thereof) and no other property or shareholders assets of Landlord or Landlord’s partners's Constituent Parties shall be subject to levy, and Tenant shall not seek recourse against execution or other enforcement procedure whatsoever for the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesmoney judgment.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's Security Deposit to Tenant or transfer Tenant's Security Deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If Landlord defaults In consideration of the benefits accruing under this Agreement Lease to Tenant, and ifnotwithstanding anything to the contrary contained in the Lease Documents, as a consequence it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of such default, Tenant shall recover a money judgment and its successors and assigns against Landlord, such judgment shall be satisfied against Landlord (and the right, title and interest liability of Landlord in the Shopping Center includingto Tenant, but not limited to, the rents, proceeds its successors and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right assigns) with respect to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) do not constitute personal obligations any other matter relating to Tenant’s occupancy of the individual partnersPremises, directorsshall be limited, officersin the aggregate, members or shareholders solely to an amount equal to Landlord’s Liability Cap, except as provided below; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord or except as provided below; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (iv) other than Landlord’s partnersLiability Cap (except as provided below), and Tenant shall not seek recourse against the individual partners, directors, officers, members no personal liability or shareholders personal responsibility of Landlord or against any sort with respect to any of Landlord’s partners or any other persons or entities having any interest in LandlordLease Undertakings, or any of their alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against Landlord; and (v) no personal assets for satisfaction liability or personal responsibility of any liability sort with respect to this Agreementany of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlord. Notwithstanding anything contained in this Agreement to the contraryforegoing, in no event shall Landlord’s Liability Cap apply to any claim, actions, suit or proceeding, and all losses, damages, obligations, liabilities, penalties, fines, costs and expenses arising from any such claim, action, suit, or proceeding, including, without limitation, attorneys’ fees, legal costs, and other costs and expenses of defending against any such claim, action, suit, or proceeding against Landlord for (a) any such claim, actions, suit or proceedings to the extent it is covered by Landlord’s “Commercial general liability insurance”, “Workers’ compensation insurance” or “Automobile insurance liability” policies set forth in Exhibit “B”, (b) the loss or conversion of any Tenant Security, (c) any untruth or inaccuracy of Landlord’s Representations or (d) the fraud or willful misconduct of Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesLandlord Party in connection with the Lease.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and shall be limited to Landlord's interest in the Building and the Real Property and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever representatives of Landlord be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable for binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any deficiency. In no event shall Tenant have subsequent landlord after the right to levy execution against any property sale, conveyance, assignment or transfer by such subsequent landlord) of Landlord other than its right, title and interest in the Shopping Center includingBuilding or the Real Property, but not limited toas the case may be, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership, nor any member of Landlord, if Landlord is a limited liability company (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Lease. Tenant shall have no right look solely to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the breach; Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and (c) Tenant’s rights and remedies hereunder shall be limited to Landlord's interest in the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to Building and the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, Real Property and Tenant shall not seek recourse against the individual partners, directors, officers, members look to any other property or shareholders assets of Landlord or against Landlord’s partners the property or any other persons or entities having any interest in Landlord, or assets of any of their personal assets the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for satisfaction of any liability with respect Landlord's failure to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesperform such obligations.

Landlord’s Liability. If Landlord’s obligations hereunder shall be binding upon Landlord defaults under this Agreement only for the period of time that Landlord is in ownership of the Building, and ifupon termination of that ownership, Tenant, except as a consequence to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of such defaultthe Building for the satisfaction of each and every obligation of Landlord hereunder. Upon request and without charge, Tenant shall recover attorn to any successor to Landlord’s interest in this Lease and, at the option of any Mortgagees, to such Mortgagees. Landlord may transfer its interest in the Building without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a money judgment against violation on Landlord’s part of any of the terms of this Lease. Landlord shall have no personal liability under any of the terms, such judgment conditions, or covenants of this Lease. Tenant and Tenant Agents shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center including, but not limited to, Building and/or the rents, net proceeds and profits derived actually received therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy, or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

Landlord’s Liability. If Landlord defaults under this Agreement The term “Landlord” as used herein shall mean only the owner or owners at the time in question of the fee title or a tenant’s interest in a ground lease of the Premises, and if, as a consequence in the event of any transfer of such defaulttitle or interest, Tenant shall recover a money judgment against Landlord, such judgment Landlord herein named (and in case of any subsequent transfers then the grantor) shall be satisfied against relieved from and after the rightdate of such transfer of all liability as respects Landlord’s obligations thereafter to be performed, title and interest provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The obligations contained in this Lease to be performed by Landlord shall, subject to transfer of funds as aforesaid, be binding on Landlord’s successors and assigns only during their respective periods of ownership. The liability of Landlord under ADSLLP-00086836.8 this Lease shall be limited to Xxxxxxxx’s interest in the Shopping Center Premises and the profits and proceeds received therefrom (including, but not limited to, the rents, those proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyreceived from insurance policies obtained pursuant to Section 14 of this Lease Agreement). In no event shall Tenant have the right to levy execution seek, and Xxxxxx does hereby waive, any recourse against any property shareholders, members, partners, directors officers, employees and agents of Landlord other than its rightand the shareholders, title and interest in the Shopping Center includingmembers, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, directors officers, members or shareholders of Landlord or Landlord’s partners, employees and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlordagents thereof, or any of their respective personal assets for satisfaction such satisfaction. Such exculpation of liability and limitation as to recovery and levy shall be absolute and without any liability with respect to exception whatsoever, and shall survive the expiration or earlier termination of this AgreementLease. Notwithstanding anything contained in this Agreement to the contrary, in In no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever Tenant be liable pursuant to under this Agreement Lease for lost profits consequential damages, regardless of claim or consequential, speculative or punitive damagescause.

Landlord’s Liability. If Landlord defaults and Tenant agree that Tenant's recourse against Landlord for any obligations of Landlord under this Agreement and if, as a consequence of such default, Tenant Lease shall recover a money judgment be limited to Tenant's execution against Landlord, such judgment shall be satisfied against the 's right, title and interest of Landlord from time to time in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Premises. Neither Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise nor any of its rights provided at law partners, shareholders, members, officers, directors, trustees, or in equity; provided, however: (a) Tenant other principals shall have no right any personal liability to offset or xxxxx rent in Tenant as the event result of any breach or default by Landlord under this AgreementLease. Tenant further agrees that Landlord is executing this Lease in its fiduciary capacity only, and Landlord and its agent are not and shall not be liable hereunder, directly or indirectly, except to the extent offset rights are specifically provided to Tenant in for their willful misconduct, under or by execution of this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s Lease. The rights and remedies hereunder claims of Tenant shall be limited exclusively to such rights as Tenant may have against the trust or other estate or entity represented herein by Landlord. m PARKING. Tenant will have the right to use sixteen (16) unreserved parking spaces on the Property on a first come, first served basis in common with all other tenants of the Building. 35 EXHIBITS. The following exhibits are made a part of this Lease: Exhibit A Floor Plan Outline of the Premises Exhibit B Legal Description Exhibit C Tenant Improvement Schedule TENANT: Virage Logic Corporation, a LANDLORD: Xxxxxx Xxx, Xx. and Delaware Corporation Xxxxxx Xxxxx Xxx, as Trustees under that certain Living Trust Agreement dated June 9, 1994 By: [SIGNATURE ILLEGIBLE] By: /s/ XXXXXX XXX, XX. BY ----------------------------- XXXXXXX XXX, ATTY. IN FACT Its President, CEO & Chairman ---------------------------- ----------------------------- Its: Trustee ----------------------- STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Xxxxxxx Xxx is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the trustee of that certain Living Trust Agreement dated June 9, 1994 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: February 5, 2001. /s/ XXXXX X. XXXXXXX --------------------------------- Printed Name: XXXXX XXXXXXX NOTARY PUBLIC in and for the State of Washington, residing at Renton. My Commission expires: 2-10-03 (Seal or stamp) XXXXX X. XXXXXXX STATE OF WASHINGTON NOTARY -- PUBLIC MY COMMISSION EXPIRES 2-10-03 STATE OF CALIFORNIA ) ss. COUNTY OF ALAMEDA ) I certify that I know or have satisfactory evidence that Xxxx Xxxxxxxxx is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President, CEO of Virage Logic Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: January 31, 2001. /s/ XXXXXXX XXXXXX --------------------------------- Printed Name: Xxxxxxx Xxxxxx NOTARY PUBLIC in and for the Xxxxx xx Xxxxxxxxxx, xxxxxxxx xx Xxx Xxxx, Xx. My Commission expires: July 14, 2002 (Seal or stamp) XXXXXXX XXXXXX Commission # 1187486 Notary Public - California San Francisco County My Comm. Expires Jul. 14, 2002 EXHIBIT A [Outline of the Premises] EXHIBIT B [Legal Description] Lot 2, as delineated on City of Bellevue Short Plat No. 84-04, recorded under Recording No. 8412059001 and found in Book 42 of Surveys, page 222, being a portion of the northwest quarter of the southeast quarter of Section 10, Township 24 North, Range 5 East, X.X., in Xxxx County, Washington. EXHIBIT C [Tenant Improvement Schedule] Landlord shall provide the following improvements to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesPremises.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Consent -------------------- shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Premises, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, such Landlord (and any such subsequent landlord) shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder from and after the date of such sale, conveyance, assignment or transfer. Neither the trustees, beneficiaries, partners, directors, officers or employees of Landlord (collectively, the "Parties") shall be liable for the performance of Landlord's obligations under this Consent, nor shall the Parties be liable for the performance of Landlord's obligations under the Sublease pursuant to any deficiencyattornment by Subtenant to Landlord. Tenant and Subtenant, as the case may be, shall look solely to Landlord to enforce Landlord's obligations hereunder and thereunder and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord's obligations under this Consent and the Sublease shall be limited to Landlord's interest in the Building and Tenant and Subtenant shall not look to any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Consent or under the Sublease pursuant to any such attornment or to satisfy a judgement for Landlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits indirect or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If Landlord's obligations hereunder shall be binding upon Landlord defaults only for the period of time that Landlord is in ownership of the Building; and, upon termination of that ownership, Tenant, except as to any obligations which have then due and owing, shall look solely to Landlord's successor in interest in the Building for the satisfaction of each and every obligation of Landlord hereunder. Landlord shall have no personal liability under any of the terms, conditions or covenants of this Agreement Lease and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center includingBuilding of which the Premises form a part for the satisfaction of any claim, but not limited toremedy or cause of action accruing to Tenant as a result of the breach of any action of this Lease by Landlord. In addition to the foregoing, the rents, proceeds and profits derived therefrom as the same may then no recourse shall be constituted and encumbered, and Landlord shall not be liable had for any deficiency. In no event shall Tenant have the right to levy execution obligation of Landlord or Brandywine Realty Trust, or for any claim based on Landlord's obligations under this Lease against any property past, present of future trustee, shareholder, officer, director, agent or employee of Landlord or Brandywine Realty Trust, whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other than liability being expressly waived and released by Tenant with respect to the above-named individuals and entities. Any provisions in this Lease which purport to release Landlord of its right, title and obligations under this Lease upon any transfer of Landlord's interest in the Shopping Center Project, shall only release Landlord for said obligations accruing on and after such transfer. Any provisions in this Lease which purport to limit Tenant's recourse against Landlord to Landlord's interest in the Project shall include any and all proceeds derived from such interest, including, but not limited towithout limitation, the rentsany sales, proceeds rental and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesinsurance proceeds.

Landlord’s Liability. If (A) In the event of a sale or transfer of all or any portion of the Building or any undivided interest therein, or in the event of the making of a lease of all or substantially all of the Building, or in the event of a sale or transfer of the Landlord's fee or leasehold estate, the grantor, transferor or lessor, as the case may be, shall thereafter be entirely relieved of all terms, covenants and obligations thereafter to be performed by Landlord defaults under this Agreement Lease to the extent of the interest or portion so sold, transferred or leased, provided that (i) any amount then due and ifpayable to Tenant or for which Landlord or the then grantor, transferee or lessor would otherwise then be liable to pay to Tenant (it being understood that the owner of an undivided interest in the fee or any such lease shall be liable only for his or its proportionate share of such amount) shall be paid to Tenant, (ii) the interest of the grantor, transferee or lessor, as a consequence Landlord, in any funds then in the hands of Landlord or the then grantor, transferee or lessor in which Tenant has an interest, shall be turned over, subject to such interest, to the then grantee, transferee or lessee, and (iii) notice of such defaultsale, Tenant shall recover a money judgment against Landlord, such judgment transfer or lease shall be satisfied against delivered to Tenant. Upon the righttermination of any such lease, title the lessor thereunder shall become and interest remain liable as Landlord hereunder only so long as there shall not be made another such lease. (B) Tenant agrees that it shall look solely to the estate and property of Landlord in the Shopping Center includingBuilding and the land constituting the Building Parcel (subject to prior rights, but not limited toif any, of holders of superior interests) for the rents, proceeds and profits derived therefrom as collection of any judgment (or other judicial process) requiring the same may then be constituted and encumbered, and payment of money by Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default or breach by Landlord under this Agreement, except with respect to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breachterms, covenants and conditions of this Lease to be observed or performed by Landlord; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders no other assets of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities Person having any interest in LandlordLandlord shall be subject to levy, execution or any of their personal assets other procedures for the satisfaction of any liability with respect Tenant's remedies. (C) Corporate Property Investors is the designation of the Trustees under a Declaration of Trust dated June 24, 1971, as amended, and neither the shareholders nor the Trustees, officers, employees or agents of the Trust created thereby shall be liable hereunder and, subject to this Agreement. Notwithstanding anything contained in this Agreement Section 6.2B, all persons shall look solely to the contrary, in no event shall Landlord trust estate for the payment of any claims hereunder or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthe performance hereof.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencydamage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant’s employees, invitees, licensees, customers or any other person in or about the Premises, the Buildings or the Property, whether such damage or injury is caused by or results from: (a) fire, steam, explosion, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Premises, the Buildings or the Property for which Landlord is not expressly obligated otherwise in this Lease; or (d) other tenants of the Property. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The provisions of this Section 18 shall not, however, exempt Landlord from liability for Landlord’s negligence or willful misconduct. In no event shall Landlord be liable to Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this AgreementLease for special, except to the extent offset rights are specifically provided to Tenant in this Agreement; incidental, treble, punitive or consequential damages. NOTWITHSTANDING ANYTHING IN THIS LEASE OR ANY APPLICABLE LAW TO THE CONTRARY, THE LIABILITY OF LANDLORD HEREUNDER (bINCLUDING ANY SUCCESSOR LANDLORD HEREUNDER) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contraryAND ANY RECOURSE BY TENANT AGAINST LANDLORD SHALL BE LIMITED SOLELY TO THE INTEREST OF LANDLORD IN THE PROPERTY, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partnersAND NEITHER LANDLORD, directorsNOR ANY OF ITS CONSTITUENT MEMBERS, officersNOR ANY OF THEIR RESPECTIVE AFFILIATES, members or shareholders of Landlord or Landlord’s partnersPARTNERS, and Tenant shall not seek recourse against the individual partnersDIRECTORS, directorsOFFICERS, officersEMPLOYEES, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in LandlordAGENTS OR SHAREHOLDERS SHALL HAVE ANY PERSONAL LIABILITY THEREFOR, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryAND TENANT, in no event shall Landlord or any Landlord’s officersFOR ITSELF AND ALL PERSONS CLAIMING BY, trusteesTHROUGH OR UNDER TENANT, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesEXPRESSLY WAIVES AND RELEASES LANDLORD AND SUCH RELATED PERSONS AND ENTITIES FROM ANY AND ALL PERSONAL LIABILITY.

Landlord’s Liability. If Landlord defaults under THE DECLARATION OF TRUSTEES ESTABLISHING LANDLORD, DATED OCTOBER 9, 1986, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (THE "DECLARATION"), IS DULY FILED WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "HEALTH AND REHABILITATION PROPERTIES TRUST" REFERS TO THE TRUSTEES UNDER THE DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF LANDLORD SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF, OR CLAIM AGAINST, LANDLORD. ALL PERSONS DEALING WITH LANDLORD, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF LANDLORD FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Agreement and if, as a consequence Lease against any of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and 's assets other than Landlord's interest of Landlord in the Shopping Center including, but not limited to, Leased Property and in the rents, proceeds issues and profits derived therefrom as the same may then be constituted and encumberedthereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiencysuch liability. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits any indirect or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, It is expressly agreed that the Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable entitled to assert a damage claim against Landlord seeking loss of income, lost profits, lost customers or other consequential damages for any deficiencytype of claim. In no the event Landlord breaches this Lease and does not cure the breach within 30 days after receipt of written notice from Tenant, (or to commence to cure default if the default can not be reasonably cured within 30 days) then Tenant’s sole remedy shall Tenant have be the right to levy execution terminate this Lease and to seek damages against Landlord for damages which shall be limited to the actual cost to Tenant of obtaining substantially similar premises which shall not exceed three (3) times the amount of the monthly Base Rent. Tenant waives the right to seek all other types of damages. Notwithstanding any property of Landlord other than its rightprovision contained in this Lease or elsewhere now or hereafter to the contrary, title Xxxxxx agrees and acknowledges that Tenant shall look solely and only to Landlord’s interest in the Shopping Center including, but not limited to, leasehold in the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, unit leased to Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default or breach by Landlord under this Agreement, except with respect to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breachterms and provisions of this Lease on the part of the Landlord to be performed or observed; and (c) Tenant’s rights and remedies hereunder no other assets whatsoever of Landlord shall be limited subject to liability, levy, execution, or other judicial process or award for the extent this Agreement otherwise expressly limits Tenantsatisfaction of Xxxxxx’s rights claim(s) of any kind or remediessort whatsoever. Notwithstanding anything In the event of a sale or conveyance by Landlord of the building or a foreclosure by any creditor of Landlord, the same shall operate to release Landlord from any liability upon any of the covenants or conditions, express or implied, herein contained in this Agreement to the contrary, the obligations favor of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partnersTenant, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement solely look to the contrary, in no event shall Landlord or new owner for any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to claims under this Agreement for lost profits or consequential, speculative or punitive damagesLease.

Landlord’s Liability. If (a) Tenant acknowledges and agrees that Landlord’s liability shall be limited to Landlord’s equity interest in the Property, including rents and proceeds attributable to the Property, without recourse to any other assets of Landlord. Tenant specifically agrees to look solely to Landlord’s then interest in the Property at the time owned, for recovery of any judgment from Landlord defaults and not to any other assets of Landlord; it being specifically agreed that neither Landlord (original or successor) nor any of its assigns, agents, servants, employees, directors, shareholders, officers, trustees and beneficiaries shall ever be personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and 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 action not involving the personal liability of Landlord (original or successor) to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Property. Landlord agrees that in no event shall any agents, servants, employees, directors, shareholders, members, managers, officers, or trustees of Tenant ever be personally liable for recovery of any judgment against Tenant in favor of Landlord, or for the payment of any monetary obligation of Tenant to Landlord under this Agreement and ifLease. (b) Subject to Section 7.4(c), as a consequence of such defaultwith respect to any services or utilities to be furnished by Landlord to Tenant, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not in no event be liable for failure to furnish the same when prevented from doing so by Force Majeure, strike, lockout, breakdown, accident, order or regulation of or by any deficiency. governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts or employees necessary to furnish such services, or because of war or other emergency, or for any cause beyond Landlord’s reasonable control, or for any cause due to any act or neglect of Tenant or Tenant’s servants, agents, employees, licensees or any person claiming by, through or under Tenant; nor shall any such failure give rise to any claim in Tenant’s favor that Tenant has been evicted, either constructively or actually, partially or wholly. (c) In no event shall either party ever be liable to the other party for any loss of business or any other indirect or consequential damages suffered by such party from whatever cause. Notwithstanding anything to the contrary contained in this Lease, Tenant have the right shall remain liable for all damages, direct and/or indirect (including any loss of tenant or rental income) sustained by reason of Tenant’s holding over in accordance with Section 14.19 of this Lease. (d) With respect to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default repairs or restoration which are required or permitted to be made by Landlord, Tenant the same may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant be made during normal business hours and Landlord shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided liability for damages to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court for inconvenience, annoyance or interruption of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesbusiness arising therefrom.

Landlord’s Liability. (a) Landlord and the Landlord Parties shall have no personal liability with respect to any of the provisions of this Lease. If Landlord defaults is in default with respect to its obligations under this Agreement and if, as a consequence of such defaultLease, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against look solely to the right, title and interest equity of Landlord in and to the Shopping Center includingProject for satisfaction of Tenant’s remedies, but not limited to, if any. It is expressly understood and agreed that Landlord’s liability under the rents, proceeds terms of this Lease shall in no event exceed the amount of its interest in and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiencyto said Project. In no event shall any of the Landlord Parties be personally liable with respect to any of the provisions of this Lease and Tenant have hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. Under no circumstances shall Landlord or any of the right Landlord Parties be liable for injury to levy execution against Tenant’s business or for any property loss of income or profit therefrom. All obligations of Landlord other than its righthereunder shall be construed as covenants, title and interest not conditions; and, except as may be otherwise expressly provided in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlordthis Lease, Tenant may exercise not terminate this Lease for breach of Landlord’s obligations hereunder. (b) Except to the extent caused by the negligence or willful misconduct of any Tenant Party, Landlord shall indemnify and hold Tenant harmless from and against any and all claims or liability for any injury or damage to any person or property including any reasonable attorney’s fees (but excluding any consequential damages or loss of business) occurring in, on, or about the Project to the extent such injury or damage is caused by the intentional or willful misconduct of Landlord, its rights provided at law employees, its property manager, its contractors, its agents, or in equityits property manager’s employees; provided, however: , that the foregoing indemnity shall not include claims or liability to the extent waived by Tenant pursuant to Section 34. Further, (ai) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under a discrepancy between the terms of this AgreementSection and the terms of Section 39 concerning Hazardous Substances liability, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant latter shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breachcontrol; and (ii) nothing in this Section 36(b) is intended to nor shall it be deemed to override the provisions of Section 16. (c) Tenant’s rights and remedies hereunder Except as set forth in Section 28 of this Lease, neither party shall be limited liable to the extent this Agreement otherwise expressly limits Tenant’s rights other or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons person for any consequential damages, special or entities having punitive damages, or for loss of business, revenue, income or profits even if caused by the active or passive negligence, or intentional or willful misconduct, of any interest in Landlordparty, or any Tenant Party or Landlord Party, and each party hereby waives any and all claims for any such damages. The provisions of their personal assets for satisfaction this Section 36 shall survive the expiration or sooner termination of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesLease.

Landlord’s Liability. If The term "Landlord," as used in this Lease, shall mean only the owner or owners of the Property at the time in question. Notwithstanding any other term or provision of this Lease, (a) the liability of Landlord defaults for its obligations under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Lease is limited solely to Landlord, such judgment shall be satisfied against the right, title and 's interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Property as the same may then from time to time be constituted and encumberedencumbered (or the amount of any proceeds from the sale of the Property), and Landlord no personal liability shall not at any time be liable for any deficiency. In no event shall Tenant have the right to levy execution asserted or enforceable against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders assets of Landlord or against Landlord’s 's stockholders, directors, officers or partners or any other persons or entities having any interest in Landlord, or on account of any of their personal assets for satisfaction of any liability with respect to Landlord's obligations or actions under this Agreement. Notwithstanding anything contained in this Agreement to the contraryLease, and (b) in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to Tenant for any punitive or consequential damages or damages for loss of business by Tenant. In addition, from and after the date of Landlord's conveyance of title to the Property, Landlord shall be relieved of all liability with respect to Landlord's obligations to be performed under this Agreement Lease after the date of such conveyance. If Tenant provides Landlord with any security for lost profits Tenant's performance of its obligations hereunder, and Landlord transfers such security to the grantee or consequentialtransferee of Landlord's interest in the Property, speculative Landlord shall be released from any further responsibility or punitive damagesliability for such security. Upon any conveyance of title to the Property, the grantee or transferee, by accepting such conveyance, shall be deemed to have assumed Landlord's obligations to be performed under this Lease from and after the date of transfer, subject to the limitations on liabilities set forth in this Section 50.

Landlord’s Liability. 25.2.1 If Landlord defaults under fails to perform any covenant, term or condition of this Agreement Lease upon Landlord’s part to be performed, and if, if as a consequence of such default, Landlord’s default Tenant shall recover obtains a money final non-appealable judgment of an Ontario court against LandlordLandlord for a liquidated sum of monetary damages, such judgment shall be satisfied only: (a) out of the proceeds of sale received upon execution of the judgment against the right, title and interest of Landlord in the Shopping Center including, but not limited to, applicable Building; (b) out of the rents, proceeds and profits derived therefrom as consideration received by Landlord from the same may then be constituted and encumbered, and Landlord shall not be liable for sale or other disposition of all or any deficiency. In no event shall Tenant have the right to levy execution against any property part of Landlord other than its Landlord’s right, title and interest in the Shopping Center includingapplicable Building, but or (c) out of insurance or expropriation proceeds receivable or received by Landlord in respect of the applicable Building and not limited applied to the restoration thereof. Tenant’s rights under this Section 25.2 shall be in addition to, the rentsand not in lieu of, proceeds any right or remedy of Tenant to seek specific performance and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided other injunctive relief at law or in equity; provided, however: Tenant’s rights to offset Basic Rent as provided in Section 26.11.3 below, and Landlord’s Guarantor’s obligation to fund the Construction Allowance as provided in the Landlord’s Guarantee attached hereto as Exhibit P. Landlord and Landlord’s Guarantor shall be jointly and severally liable for the funding of the Construction Allowance, and for certainty, clauses (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement), except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited of this Section 25.2.1 do not apply to the extent this Agreement otherwise expressly limits Tenant’s rights limit or remedies. Notwithstanding anything contained in this Agreement to the contrary, restrict the obligations of such parties in this regard. 25.2.2 Notwithstanding any other provision of this Lease and any rights that Tenant would otherwise have at law or equity, Tenant hereby irrevocably and unconditionally releases Landlord, each other Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Party and each Landlord’s partnersMortgagee from all claims and losses in respect of any and all Excluded Damages, and howsoever arising, whether sustained or incurred by Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, Tenant Party or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord other person or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesentity.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease related to all matters following the date of such transfer; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of all prospective obligations of Landlord hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant’s Security Deposit to Tenant or transfer Tenant’s Security Deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Building, Tenant agrees to look solely to Landlord’s equity interest in the Building (including rents, proceeds from the sale of any interest therein, insurance proceeds and condemnation proceeds) for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If Landlord defaults under this Agreement Subtenant acknowledges and ifagrees to the following with respect to the Landlord: A. In the event of a sale or transfer of all or any portion of the Building or any undivided interest therein, or in the event of the making of a lease of all or substantially all of the Building, or in the event of a sale or transfer of the Landlord's fee or leasehold estate, the grantor, transferor or lessor, as a consequence the case may be, shall thereafter be entirely relieved of all terms, covenants and obligations thereafter to be performed by Landlord under the Master Lease and this Sublease to the extent of the interest or portion so sold, transferred or leased. Upon the termination of any such defaultlease, Tenant the lessor thereunder shall recover a money judgment against become and remain liable as Landlord hereunder only so long as there shall not be made another such lease. B. Subtenant agrees that it has no direct rights to Landlord, such judgment but if it did, that it shall be satisfied against look solely to the right, title estate and interest property of Landlord in the Shopping Center includingBuilding and the land constituting the "Building Parcel", but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest such term is defined in the Shopping Center includingMaster Lease (subject of prior rights, but not limited toif any, of holders of superior interests) for the rents, proceeds and profits derived therefrom. Upon collection of any such uncured default judgment (or other judicial process requiring the payment of money by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent Landlord in the event of any default or breach by Landlord under this Agreement, except with respect to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature any of the breachterms, covenants and conditions of this Lease to be observed or performed by Landlord; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders no other assets of Landlord or Landlord’s partners, and Tenant shall not seek recourse against any Person (as defined in the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities Master Lease) having any interest in LandlordLandlord shall be subject to levy, execution or any of their personal assets other procedures for the satisfaction of any liability with respect Subtenant's remedies. C. Corporate Property Investors is the designation of the Trustees under a Declaration of Trust dated June 24, 1971, as amended, and neither the shareholders nor the Trustee, officers, employees or agents of the Trust created thereby shall be liable hereunder and, subject to this Agreement. Notwithstanding anything contained in this Agreement Section 6.2B of the Master Lease, all persons shall look solely to the contrary, in no event shall Landlord trust estate for the payment of any c hereunder or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to for the performance hereof. [remainder of this Agreement for lost profits or consequential, speculative or punitive damages.page intentionally left blank]

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease from and after such transfer; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's Security Deposit to Tenant or transfer Tenant's Security Deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project (including insurance proceeds and condemnation awards) for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent Txxxxx agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Txxxxx hereby agrees to look solely to Lxxxxxxx's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Txxxxx's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Txxxxx agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence (a) Tenant agrees to look solely to Landlord’s equity interest in the Property at the time of such default, Tenant shall recover a money recovery for recovery of any judgment against Landlord, such judgment and agrees that neither Landlord nor any successor of Landlord shall be satisfied personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or any successor of Landlord, or to take any action not involving the right, title and interest personal liability of Landlord or any successor of Landlord to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Shopping Center includingProperty. (b) In no event shall Landlord ever be liable to Tenant for any loss of business or any other indirect or consequential damages suffered by Tenant from whatever cause. (c) Where provision is made in this Lease for Landlord’s consent, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumberedTenant shall request such consent, and Landlord shall fail or refuse to give such consent, Tenant shall not be liable entitled to any damages for any deficiencywithholding by Landlord of its consent, it being intended that Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent. In no event Furthermore, whenever Tenant requests Landlord’s consent or approval (whether or not provided for herein), Tenant shall Tenant have the right pay to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise on demand, as Additional Rent, any of its rights provided at law reasonable expenses incurred by Landlord (including without limitation reasonable attorneys’ fees and costs, if any) in connection therewith. (d) Any maintenance, repairs or in equity; provided, however: (a) Tenant shall have no right restoration required or permitted to offset or xxxxx rent in the event of any default be made by Landlord under this AgreementLease may be made during normal business hours, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant and Landlord shall have no right liability for damages to terminate this Agreement unless determined by a court Tenant for inconvenience, annoyance or interruption of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) business arising therefrom, but Landlord shall take reasonable steps to minimize interference with Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained business in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesconnection therewith.

Landlord’s Liability. If Landlord defaults under this Agreement and if, Except as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contraryset forth herein, the obligations of Landlord under this Agreement Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (including or upon any actual subsequent landlord after the sale, conveyance, assignment or alleged breach transfer by such subsequent landlord) of its interest in all or default by Landlord) do not constitute personal any portion of the Premises, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the individual partnersparties or their successors in interest, directorsor between the parties and the purchaser, officersgrantee, members assignee or shareholders other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors nor officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the “Parties”), shall be liable for the performance of Landlord’s partnersobligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord’s obligations under this Lease shall not exceed and shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall only be recoverable from Landlord’s interest in the Premises and Tenant shall not seek recourse against the individual partners, directors, officers, members look to or shareholders attach any other property or assets of Landlord or against the property or assets of any of the Parties in seeking either to enforce Landlord’s partners obligations under this Lease or any other persons or entities having any interest in to satisfy a judgment for Landlord, ’s failure to perform such obligations. In no event shall Landlord (or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, members, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee, officer, director, member or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If Tenant acknowledges that Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against have the right, title and from time to time, to transfer all or any portion of its interest of Landlord in the Shopping Center includingPremises and to assign this Lease to the transferee. Provided, but not limited to, Landlord covenants and agrees that Landlord will assign its interest in this Lease only under the rents, proceeds following circumstances: (A) any successor landlord must be experienced in the ownership and profits derived therefrom as management of Class A multi-tenanted commercial office properties or in the same may then alternative must have the Buildings managed by a property manager experienced in the operation of Class A multi-tenanted commercial office properties; and (B) the assignment to a purchaser of this Lease shall be constituted made only in conjunction with the transfer of Landlord’s entire interest in Parcels 12 and encumbered, 13 and the successor landlord shall be the owner of such interest in Parcels 12 and 13; and (C) Landlord shall not be liable for any deficiency. In no event shall Tenant have transfer the right to levy execution against any property of Landlord Premises or assign this Lease (other than an assignment of this Lease to Landlord’s mortgage lender or its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefromnominee to secure Landlord’s financing) prior to Substantial Completion of Landlord’s Work. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of any default by such a transfer Landlord shall automatically be released from all liability under this Agreement, except Lease accruing thereafter; and Tenant hereby agrees to look solely to Landlord’s transferee or assignee for the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court performance of competent jurisdiction under applicable law taking into account Landlord’s obligations hereunder that accrue after the nature date of the breach; and (c) Tenant’s rights and remedies hereunder transfer. No partner, member, employee or agent of Landlord or any constituent entity of Landlord shall be limited to personally liable for the extent performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, partners or members or shareholders of Landlord or of any constituent entity of Landlord’s partners, if any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other such persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If Landlord defaults under fails to perform any covenant, term or condition of this Agreement Lease upon Landlord's part to be performed, and if, if as a consequence of such default, default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the Landlord’s Parcel and out of rents, proceeds and profits derived therefrom as issues or other income from such property receivable by Landlord, or out of the same may then be constituted and encumbered, and consideration received by Landlord shall not be liable for from the sale or other disposition of all or any deficiency. In no event shall Tenant have the right to levy execution against any property part of Landlord other than its Landlord's right, title and interest in the Shopping Center includingLandlord’s Parcel. The foregoing limitations shall not (1) limit or affect Tenant's right to seek injunctive, but equitable or other remedies against Landlord and shall not limited toprohibit a court from issuing or awarding or ordering any injunctive or other equitable, declaratory or other forms of relief to which Tenant may be entitled (notwithstanding that such actions are in personam in nature) which relief may include an award of or order for (A) money damages as incident to such equitable or other relief, and (B) the rents, expenditure of money by Landlord in order to comply with the equitable decree or other relief or reimburse Tenant for any loss on account of Landlord's failure or inability to comply therewith or cost of enforcement thereof; or (2) apply to or limit any suit or action in connection with enforcement or collection of amounts which may become owing or payable under or on account of insurance maintained by Landlord or any eminent domain proceeds and profits derived therefrom. Upon any such uncured default by payable to Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except either case to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account available proceeds, but the nature recovery of the breach; and (c) Tenant’s rights and remedies hereunder any money judgment against Landlord shall be limited subject to the extent first sentence of this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesSection.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence (a) Tenant agrees to look solely to Landlord’s equity interest in the Property at the time of such default, Tenant shall recover a money recovery for recovery of any judgment against Landlord, such judgment and agrees that neither Landlord nor any successor of Landlord shall be satisfied personally liable for any such judgment, or for the payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or any successor of Landlord, or to take any action not involving the right, title and interest personal liability of Landlord or any successor of Landlord to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Shopping Center includingProperty. (b) In no event shall Landlord ever be liable to Tenant for any loss of business or any other indirect or consequential damages suffered by Tenant from whatever cause. (c) Where provision is made in this Lease for Landlord’s consent, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumberedTenant shall request such consent, and Landlord shall fail or refuse to give such consent, Tenant shall not be liable entitled to any damages for any deficiencywithholding by Landlord of its consent, it being intended that Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent. In no event Furthermore, whenever Tenant requests Landlord’s consent or approval (whether or not provided for herein), Tenant shall Tenant have the right pay to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise on demand, as Additional Rent, any of its rights provided at law reasonable expenses incurred by Landlord (including without limitation reasonable attorneys’ fees and costs, if any) in connection therewith. (d) Any repairs or in equity; provided, however: (a) Tenant shall have no right restoration required or permitted to offset or xxxxx rent in the event of any default be made by Landlord under this AgreementLease may be made during normal business hours, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant and Landlord shall have no right liability for damages to terminate this Agreement unless determined by a court Tenant for inconvenience, annoyance or interruption of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesbusiness arising therefrom.

Landlord’s Liability. If Landlord defaults under this Agreement and ifLandlord’s officers, as a consequence of such defaultdirectors, Tenant shareholders, members, agents and employees shall recover a money judgment against Landlordnot be liable to Tenant, such judgment shall be satisfied against the rightTenant’s agents, title and interest of Landlord in the Shopping Center employees, shareholders, officers, directors or third parties for any injury to person or damage to property for any reason whatsoever, including, but not limited to, failure to repair, defect in, or failure of, equipment, pipes, wiring, broken glass, backing up of drains, or by gas, water, snow, ice, hail, rain, electricity or oil leaking, escaping or flowing into the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this AgreementDemised Premises, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited due to the extent this Agreement otherwise expressly limits Tenant’s rights negligence or remedieswrongful acts of Landlord, its agents, contractors or employees. Notwithstanding anything contained in this Agreement herein or any rule of law or statute to the contrary, it is expressly understood and agreed that to the obligations extent that Landlord shall at any time have any liability to Tenant under, pursuant to or in connection with this Lease, Tenant, and any officer, director, stockholder, partner, associate, principal, or party claiming through or on behalf of Landlord under this Agreement Tenant shall look solely to the Demised Premises (including and the proceeds therefrom) for the satisfaction of any actual judgment (or alleged breach or default other judicial order) requiring the payment of money by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant they shall not seek recourse to obtain or enforce any personal or money or other judgment against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any officer, member, director, stockholder, partner, associate, employee, agent or principal (disclosed or undisclosed) of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained Landlord, except against Landlord’s interest in this Agreement to the contraryDemised Premises (and the proceeds therefrom), and in no event shall Landlord or such other party have any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, personal liability or monetary or other principals obligation of any kind under or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Lease beyond such interest in the Demised Premises. If Tenant shall at any time claim that Landlord unreasonably withheld its consent to any act to which Landlord has agreed hereunder not to unreasonably withhold its consent, Landlord’s sole obligation or liability to Tenant therefor shall be to consent thereto if Tenant prevails against Landlord in an action for lost profits injunction or consequentialdeclaratory judgment brought in a court of competent jurisdiction, speculative and Tenant hereby waives and relinquishes any and all claims for damages or punitive other money compensation by reason thereof. Notwithstanding the foregoing, any dispute between the parties relating to the withholding or delay of consent by Landlord may be determined, at Tenant’s option, under the Expedited Procedures provisions of the Commercial Arbitration Rules of the American Arbitration Association. In any such proceeding, the arbitrator shall have no right to award monetary damages, provided, however, that in the event that the arbitrator determines that Landlord unreasonably withheld its consent, then Landlord shall reimburse Tenant for Tenant’s reasonable attorney’s fees incurred in connection with such arbitration. If the arbitrator rules in favor of Landlord, then Tenant shall reimburse Landlord for Landlord’s reasonable attorney’s fees incurred in connection with such arbitration.

Landlord’s Liability. If The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of Landlord defaults are concerned, shall be limited to mean and include only the owner or owners, at the time in question, of the fee title of the Premises and Project or the lessees under this Agreement and ifground leases of the land or master leases of the Building, as a consequence if any. Landlord’s obligations hereunder shall be binding upon Landlord only for the period of time that Landlord is in ownership of such defaulttitle,, and upon termination of that ownership through a transfer, assignment or other conveyance of any such title, Tenant, except as to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest and in case of any subsequent transfer or conveyance, the then-grantee (the “Transferee”) in ownership of the Building for the satisfaction of each and every obligation of Landlord hereunder after the date of such transfer. Without further agreement, the Transferee shall be deemed to have assumed and agreed to observe and perform any and all obligations of Landlord hereunder during its ownership of such title. Within fifteen (15) days of a written request from the Transferee and the presentation of a commercially reasonable attornment document, and without charge, Tenant shall recover attorn to the Transferee and, at the option of any Mortgagees, to such Mortgagees subject to the terms of a money judgment against LandlordSubordination Agreement in effect at such time. Landlord shall have no personal liability under any of the terms, such judgment conditions or covenants of this Lease and Tenant shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center including, but not limited to, Building and/or the rents, proceeds and profits derived therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

Landlord’s Liability. If The term “Landlord,” as used in this Lease, shall mean only the owner or owners of the Building at the time in question. In the event of any conveyance of title to the Building, then from and after the date of such conveyance, the transferor Landlord defaults shall be relieved of all liability with respect to Landlord’s obligations to be performed under this Agreement and if, as a consequence Lease after the date of such defaultconveyance. Notwithstanding any other term or provision of this Lease, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest liability of Landlord for Landlord’s breach of its obligations under this Lease is limited solely to (a) Landlord’s interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom Project as the same may then from time to time be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) any Rent prepaid by Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and Landlord, (c) proceeds received by Landlord from Landlord’s all risk insurance policy covering the Building following a fire or other casualty to the Premises or the Building, if Landlord materially misappropriates such proceeds, and either (i) such proceeds are not used for repair or restoration in accordance with the provisions of Section 12 of this Lease, or (ii) this Lease is not terminated in accordance with the provisions of Section 12 of this Lease, (d) Awards received by Landlord from Condemnation, if Landlord materially misappropriates such Award, and either (iii) the Award is not used for restoration in accordance with the provisions of Section 13 of this Lease, or (iv) this Lease is not terminated in accordance with the provisions of Section 13 of this Lease, and (e) subject to the provisions of Sections 4 and 37 and 38 of this Lease, Tenant’s rights Security Deposit or letter of credit given by Tenant to Landlord; and remedies hereunder no personal liability shall at any time be limited to the extent this Agreement otherwise expressly limits Tenant’s rights asserted or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including enforceable against any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders other assets of Landlord or against Landlord’s partners or any other persons members or entities having any interest in Landlordits or their respective partners, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryshareholders, in no event shall Landlord or any Landlord’s officers, trusteesmembers, directors, partners, beneficiaries, joint venturers, members, stockholders, officers or other principals managers on account of any of Landlord’s obligations or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to actions under this Agreement for lost profits or consequential, speculative or punitive damagesLease.

Landlord’s Liability. If Landlord’s obligations hereunder shall be binding upon Landlord defaults under this Agreement only for the period of time that Landlord is in ownership of the Building, and ifupon termination of that ownership, Tenant, except as a consequence to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of such defaultthe Building for the satisfaction of each and every obligation of Landlord hereunder. Upon request and without charge, Tenant shall recover attorn to any successor to Landlord’s interest in this Lease. Landlord may transfer its interest in the Building without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a money judgment against violation on Landlord’s part of any of the terms of this Lease. Landlord shall have no personal liability under any of the terms, such judgment conditions, or covenants of this Lease. Tenant and Tenant Agents shall be satisfied against look solely to the right, title and interest equity of Landlord in the Shopping Center including, but not limited to, Building and/or the rents, rents and/or net proceeds and profits derived actually received therefrom as for the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any claim, remedy, or cause of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may have relating to the Project, this Lease, or anything related to either, including without limitation as a result of the breach of any Section of this Lease by Landlord. In addition, no recourse shall be had for an obligation of Landlord hereunder, or for any claim based thereon or otherwise in respect thereof or the relationship between the parties, against any past, present, or future Landlord Indemnitee (other than Landlord), whether by virtue of any statute ​ ​ or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such other liability being expressly waived and released by Tenant with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Indemnitees (other than Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages).

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, members, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, members, directors or officers of such partners), if Landlord is a partnership (collectively, the “Parties”), shall be liable for the performance of Landlord’s obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord’s obligations under this Lease shall not exceed and shall be limited to Landlord’s interest in the Building and the Real Property and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If Any agreement, obligation or liability made, entered into or incurred by or on behalf of Landlord defaults under binds only its property and no shareholder, partner, officer, agent or employee of the Landlord assumes or shall be held to any liability therefor. Tenant agrees that Landlord shall have no personal liability with respect to any of the provisions of this Agreement Lease and if, as a consequence of such default, Tenant shall recover look solely to the estate and property of Landlord in the land and buildings comprising the property of which the Premises forms a part for the satisfaction of Tenant's remedies, including, without limitation, the collection of any judgment or the enforcement of any other judicial process requiring the payment or expenditure of money by Landlord, subject, however, to the prior rights of any holder of any mortgage or deed of trust covering all or part of the property, and no other assets of Landlord shall be subject to levy, execution or other judicial process for the satisfaction of Tenant's claim and, in the event Tenant obtains a judgment against Landlord, such the judgment docket shall be satisfied so noted. Tenant shall not in any event be permitted to recover any speculative, indirect, consequential, incidental damages or punitive damages against Landlord. This Section shall inure to the rightbenefit of Landlord's successors and assigns and their respective principals. Notwithstanding any provision herein or in any future law or judicial holding to the contrary, title and interest in consideration of Landlord the Landlord's agreement to any provisions set forth in the Shopping Center including, but not limited to, Guaranty of this Lease which may limit the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not Guarantor's liability to an amount less than that for which Tenant would be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by a default, the maximum liability of the Landlord under this Agreement, except Lease is limited to and shall in no event ever exceed the extent offset rights are specifically provided to Tenant in this Agreement; (bmaximum amount for which the Guarantor(s) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction would be then liable under applicable law taking into account the nature provisions of the breach; Guaranty, and (c) Tenant’s rights and remedies hereunder any judgment against Landlord shall be expressly limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesforegoing amount.

Landlord’s Liability. If The liability of the Landlord defaults Parties to Tenant (or any person or entity claiming by, through or under Tenant) under the terms of this Agreement and if, as a consequence Lease or any matter relating to or arising out of such default, Tenant shall recover a money judgment against Landlord, such judgment the occupancy or use of the Premises and/or other areas of the Project shall be satisfied against limited to Tenant’s actual direct, but not consequential, damages therefor and shall be recoverable only from the right, title and interest of Landlord in the Shopping Center includingProject. Tenant agrees to look solely to Landlord’s interest in the Project for the recovery of any judgment against any Landlord Party. No Landlord Party shall be personally liable for any such judgment, but not award or deficiency after execution thereon and Tenant hereby waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. The limitations of liability contained in this Section 24(b) shall apply equally and inure to the benefit of the Landlord Parties, present and future advisors, beneficiaries, participants, representatives and their respective constituent partners, members, shareholders, trustees, heirs, successors and assigns. Under no circumstances shall any present or future general or limited topartner of Landlord (if Landlord is a partnership), member of Landlord (if Landlord is a limited liability company) or trustee or beneficiary (if Landlord or any partner or member of Landlord is a trust) have any liability for the rentsperformance of Landlord’s obligations under this Lease, proceeds nor shall negative capital account of any constituent partner or member in Landlord (or in a constituent member or partner of Landlord) nor any obligation of any constituent member or partner of Landlord (or in any other constituent member or partner of Landlord) to restore a negative capital account or to contribute or loan capital to Landlord (or to any constituent member or partner of Landlord), at any time be deemed to be the property or an asset of Landlord or such other constituent member or partner (and profits derived therefrom as the same may then be constituted and encumberedneither Tenant nor any of its successors or assigns shall have any right to collect, and enforce or proceed against or with respect to any such negative capital account of such a member’s or partner’s obligation to restore or contribute). Notwithstanding any contrary provision herein, no Landlord Party shall not be liable for any deficiencyinjury or damage to, or interference with, Tenant’s business, including loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, or for any form of special or consequential damage, in each case however occurring. In no event The foregoing shall be in addition to, and not in limitation of, any further limitation of liability that might otherwise apply. Notwithstanding the foregoing, none of the provisions of this Section 24(b) shall be deemed to release any insurance carrier that insures Landlord’s liability to Tenant have the right or to levy execution against third parties from any property obligation to make any payment to Tenant pursuant to any such insurance policy, it being agreed that any release of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon for any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided obligation to Tenant in is not intended to and does not release Landlord’s insurance carrier from the obligation of paying such loss on Landlord’s behalf. The provisions of this Agreement; (bSection 24(b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account survive the nature expiration or earlier termination of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesTerm.

Landlord’s Liability. If i. It is understood and agreed that the obligations, covenants or liabilities of Landlord defaults under contained in this Agreement Lease shall be binding upon Landlord and if, as a consequence Landlord’s successors only with respect to breaches occurring during Landlord’s and Landlord’s successors’ respective ownership of such defaultLandlord’s interest hereunder. Further, Tenant shall recover a money judgment against specifically agrees to look solely to Landlord, such judgment shall be satisfied against the right, title and ’s then equity interest of Landlord in the Shopping Center includingBuilding at the time owned, but not limited toor in which Landlord holds an interest as ground lessee, the rentsfor recovery of any judgment from Landlord; it being specifically agreed that Landlord (original or successor and their respective officers, proceeds and profits derived therefrom as the same may then be constituted and encumbereddirectors, stockholders, partners, managers, members, beneficial owners, trustees, employees, agents, contractors, attorneys, and Landlord mortgagees), shall not never be personally liable for any deficiencysuch judgment, or for the payment of any monetary obligation to Tenant. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest The provision contained in the Shopping Center including, but foregoing sentence is not limited intended to, the rentsand shall not limit, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, right that Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall might otherwise have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of obtain injunctive relief against Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest successors in Landlordinterest, or any action not involving the personal liability of their personal Landlord (original or successor) or not involving any claim in monetary damages from Landlord’s assets for satisfaction of any liability with other than a claim limited to Landlord’s equity interest aforesaid in the Building. ii. With respect to this Agreement. Notwithstanding anything contained in this Agreement any services, including, without limitation, electric current or water to the contrarybe furnished by Landlord to Tenant, or obligations to be performed by Landlord hereunder, Landlord shall in no event shall Landlord be liable for failure to furnish or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed perform the same when (and their respective successors and assignsthe date for performance of the same shall be postponed so long as Landlord is) ever be liable pursuant prevented from doing so by a Force Majeure Event or for any cause due to this Agreement for lost profits any act or consequential, speculative neglect of Tenant or punitive damagesTenant’s Agents.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and acknowledges that Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Premises and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord’s transferee for the performance of Landlord’s obligations hereunder after the date of the transfer. Upon such a transfer. Landlord shall, at its option, return Tenant’s security deposit to Tenant or transfer Tenant’s security deposit to Landlord’s transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Subject to the rights of any default lender holding a mortgage or deed of trust encumbering all or part of the Premises, Tenant agrees to look solely to Landlord’s equity interest in the Premises (and any proceeds from the sale thereof) for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord’s failure to perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord’s obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partnerspartners of Landlord, directors, officers, members or shareholders of Landlord or Landlord’s partnersif any, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesassets.

Landlord’s Liability. If 21.1 Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord or its agents or representatives shall not be liable for any deficiency. In no event injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, snow or leaks from any part of the Building or from the pipes, appliances, plumbing, on the roof, street, subsurface or from any other place or by dampness or by any other cause of nature whatsoever, or resulting from carelessness, negligence or improper conduct on the part of any other tenant or of Landlord's contractors or its or any other tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. 21.2 Anything contained in this Lease to the contrary notwithstanding, Tenant agrees that it shall Tenant have look solely to the right to levy execution against any estate and property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Real Property and the rents, proceeds and profits derived therefrom. Upon Building of which the Premises form a part for the collection of any such uncured judgment (or other judicial process) requiring the payment of money by Landlord for any default or breach by Landlord, Tenant may exercise Landlord of any of its obligations under this Lease, subject, however, to the prior rights provided at law of any ground or underlying landlord or the holder of any mortgage covering the Real Property or the Building or of Landlord's interest therein. No other assets of Landlord shall be subject to levy, execution or other judicial process for the satisfaction of Tenant's claim. This provision shall not be deemed, construed or interpreted to be or constitute an agreement, express or implied, between Landlord and Tenant that Landlord's interest hereunder and in the Real Property or the Building shall be subject to impressment of an equitable lien otherwise. Nothing herein contained shall be construed to limit any right of injunction against Landlord, where appropriate. 21.3 Landlord shall not be deemed in default with respect to the failure to perform any of the terms, covenants and conditions of this Lease on Landlord's part to be performed, if such failure is due in whole or in equity; providedpart to any strike, however: lockout, labor dispute (a) whether legal or illegal), civil disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties, Acts of God, acts caused directly or indirectly by Tenant shall have no right to offset (or xxxxx rent in the event Tenant's agents, employees, guests or invitees), acts of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature other tenants or occupants of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners Building or any other persons or entities having any interest in cause beyond reasonable control of Landlord. In such event, or any the time for performance by Landlord shall be extended by an amount of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement time equal to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesperiod of delay so caused.

Landlord’s Liability. If Anything in this Lease to the contrary notwithstanding, it is agreed that Landlord defaults shall not be personally liable under this Agreement in any way whatsoever to Tenant, and ifTenant shall be entitled to make claim for any liability it is alleged to have suffered, as only against Xxxxxxxx’s interest in the Property. Furthermore, if Landlord, or any successor in interest of Landlord, shall be a consequence mortgagee in possession, or an individual, joint venture, trust, tenancy in common, corporation or partnership, general or limited, it is specifically understood and agreed that there shall be absolutely no personal liability on the part of such defaultmortgagee in possession, or such individual or on the part of the stockholders of such corporation or the members of such partnership or joint venture or the beneficiaries of such trust with respect to any of the terms, covenants and conditions of this Lease, and Tenant shall recover a money judgment against look solely to the equity of Landlord, or of such judgment shall be satisfied against successor in interest, in the right, title and interest estate of Landlord in the Shopping Center including, but not limited to, Property for the rents, proceeds satisfaction of each and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall every remedy of Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default breach by Landlord under this AgreementLandlord, except to the extent offset rights are specifically provided to Tenant or by such successor in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court interest, of competent jurisdiction under applicable law taking into account the nature any of the breach; terms, covenants and (c) Tenant’s rights and remedies hereunder shall conditions of this Lease to be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default performed by Landlord) do not constitute , such exculpation of personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having liability (beyond any interest in the Property) to be absolute and without any exception whatsoever but which shall not limit action by Tenant for specific performance or injunction or other remedies not seeking a money judgment. Nothing in this paragraph shall prevent Tenant from seeking a judgment from Landlord (or from any successor of Landlord) where such judgment may be recovered from insurance carried by Xxxxxxxx, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesby such successor.

Landlord’s Liability. If Landlord defaults under THE DECLARATION OF TRUST OF LANDLORD, DATED ________________, 1999, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (THE "DECLARATION"), IS DULY FILED IN THE OFFICE OF THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "HRES1 PROPERTIES TRUST" REFERS TO THE TRUSTEES UNDER THE DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF LANDLORD SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF, OR CLAIM AGAINST, LANDLORD. ALL PERSONS DEALING WITH LANDLORD, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF LANDLORD, FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Agreement and if, as a consequence Lease against any of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and 's assets other than Landlord's interest of Landlord in the Shopping Center including, but not limited to, Leased Property and in the rents, proceeds issues and profits derived therefrom as the same may then be constituted and encumberedthereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiencysuch liability. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits any indirect or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If Landlord defaults In consideration of the benefits accruing under this Agreement Lease to Tenant, and ifnotwithstanding anything to the contrary contained in the Lease Documents, as a consequence it is expressly understood and agreed by and between the parties to this Lease that: [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. (i) the collective recourse of such default, Tenant shall recover a money judgment and its successors and assigns against Landlord, such judgment shall be satisfied against Landlord (and the right, title and interest liability of Landlord in the Shopping Center includingto Tenant, but not limited to, the rents, proceeds its successors and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right assigns) with respect to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) do not constitute personal obligations any other matter relating to Tenant’s occupancy of the individual partnersTenant Space, directorsshall be limited, officersin the aggregate, members solely to an amount equal to Landlord’s Liability Cap, provided that the limitations on Landlord’s liability set forth in this Section 16.2(i) shall not apply to: (x) claims based upon claims of third parties for bodily injury to the extent based upon the negligence or shareholders willful misconduct of the Landlord Parties, or (y) any Outage Credits, Security/Access Credits, Full SOC 2 Credits, or Partial SOC2 Credits to which Tenant is entitled pursuant to Exhibit “F”; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord or and in the uncollected rent and proceeds of the Building; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (iv) except to the extent of Landlord’s partnersLiability Cap, and Tenant shall not seek recourse against the individual partners, directors, officers, members no personal liability or shareholders personal responsibility of Landlord or against any sort with respect to any of Landlord’s partners or any other persons or entities having any interest in LandlordLease Undertakings, or any of their alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal assets for satisfaction liability or personal responsibility of any liability sort with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryany of Landlord’s Lease Undertakings, in no event shall Landlord or any Landlord’s officersalleged breach thereof, trustees, directors, partners, beneficiaries, joint venturers, members, stockholdersis assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesthan Landlord.

Landlord’s Liability. If Anything in this Lease to the contrary notwithstanding, covenants, undertakings and agreements herein made on the part of Landlord, are made and intended not for the purpose of binding Landlord defaults personally or the assets of Landlord but are made and intended to bind only Landlord's interest in the Premises and Building, as the same may, from time to time, be encumbered; no personal liability shall at any time be assumed by or asserted or enforceable against Landlord or any member, manager, officer, employee, agent, trustee, beneficiary, or individual partner of Landlord or of any member, manager, officer, employee, agent, trustee, beneficiary, or individual partner of Landlord, or any of their respective heirs, legal representatives, successors and assigns on account of this Lease or on account of any covenant, undertaking or agreement of Landlord in this Lease or any claim made against Landlord under this Agreement Lease; and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against agrees to look solely to the right, title and interest interests of Landlord in the Shopping Center includingPremises and the Building for the enforcement of any claims against Landlord arising hereunder. Any and all personal liability, but not limited toif any, beyond that which may be asserted under this Section 34 is hereby expressly waived and released by Tenant and by all persons claiming by, through, or under Tenant. In addition, in no event shall Landlord be in default of this Lease unless Tenant notifies Landlord of the rents, proceeds and profits derived therefrom as precise nature of the same may then be constituted and encumberedalleged breach by Landlord, and Landlord fails to cure such breach within fifteen (15) days after the date of Landlord's receipt of such notice or refusal of delivery (provided that if the alleged breach is of such a nature that it cannot reasonably be cured within such fifteen (15) day period, then Landlord shall not be liable for any deficiencyin default if Landlord commences a cure within such fifteen (15) day period and diligently thereafter prosecutes such cure to completion). In no event shall Tenant have the any right to levy execution against terminate this Lease by virtue of any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.

Landlord’s Liability. If The obligations of Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Building or the Real Property, as the case may be, and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, grantee, assignee or other transferee that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. Neither the shareholders, directors or officers of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any of the shareholders, directors or officers of such partners), if Landlord is a partnership (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any deficiencydamages against any of the Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and shall be limited to Landlord's interest in the Building and the Real Property and Tenant shall not look to or attach any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders, stockholders or other principals or representativesrepresentatives and the like, disclosed or undisclosed (and their respective successors and assignsundisclosed, thereof) ever be liable pursuant to this Agreement for lost profits incidental or consequential, speculative or punitive consequential damages.

Landlord’s Liability. If The Landlord defaults under this Agreement is not responsible for any loss, expense or damage of any kind to any person or property, unless it occurs as a result of negligence of the Landlord. The Tenant must pay for any damages suffered and ifmoney spent by the Landlord relating to any claim arising from any act or neglect of the Tenant. The Tenant is responsible for all of his or her own acts, the acts of his or her own family, employees, guests, and invitees. If, as a consequence result of such defaultlabor trouble, Tenant shall recover a money judgment against lack of supply, Tenant’s act or neglect, government orders, rules or regulations, or any other causes not fully within the Landlord, such judgment shall be satisfied against ’s reasonable control; the right, title and interest of Landlord is delayed or unable to keep promises as set forth in the Shopping Center includingLease, but not limited tosupply any services which the Landlord is to supply under this Lease, make any repairs or change in the Premises, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord Lease shall not be liable ended nor shall the Tenant’s obligations be affected by the Landlord’s inability to perform. The tenant is strongly encouraged to procure renter’s insurance. FIRE, ACCIDENT, DEFECTS, & DAMAGE: Tenant must give prompt notice of fire, accident damage or dangerous or defective condition. If the premises cannot be used because of fire or other casualty, Tenant is not required to pay rent for any deficiencythe time the Premises is unusable. In no event If part of the premises cannot be used, Tenant must pay rent for the usable part. Landlord shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature decide which part of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to premises is usable. Landlord need only repair the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations damaged structural parts of the individual partnersPremises. Landlord is not required to repair or replace any equipment, directorsfixtures, officersfurnishings or decorations unless originally installed by the Landlord. Landlord is not responsible for delays due to settling insurance claims, members or shareholders of Landlord or Landlord’s partnersobtaining estimates, labor and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners supply problems or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to cause not fully under the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, control. If the fire or other principals casualty is caused by an act or representativesneglect of Tenant or guest of tenant, disclosed then the cost of all repairs will be added to rent. Landlord has the right to demolish or undisclosed (rebuild the building if there is substantial damage by fire or other casualty. Even if the Premises are not damaged, Landlord may cancel this Lease within 30 days after the fire or casualty by giving tenant notice of the Landlord’s intention. The Lease will end 30 days after the Landlord’s cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the cancellation date in the notice and their respective successors and assigns) ever be liable pursuant pay all rent due. If the Lease is cancelled, the Landlord is not required to this Agreement for lost profits repair the Premises or consequential, speculative or punitive damagesthe Building.

Landlord’s Liability. If Landlord defaults under this Agreement and ifThe term "Landlord" as used herein shall mean only the owner or owners. at the time in question, as of the fee title or a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and lessee's interest in a ground lease of the Shopping Center includingOffice Building Project and except as expressly provided in paragraph 15, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default transfer of such title or interest, Landlord herein named (and in case of any subsequent transfers then the grantor) shall be relieved from and after the date of such transfer of all liability as respects Landlord's obligations thereafter to be performed, provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The obligations contained in this Lease to be performed by Landlord under this Agreementshall, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court subject as aforesaid, be binding on Landlord's successors and assigns, only during their respective periods of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remediesownership. Notwithstanding anything contained in this Agreement Lease to the contrary, the obligations of Landlord under this Agreement Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members officers or shareholders of Landlord or Landlord’s 's partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members officers or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord's partners, or any of their personal assets for satisfaction of any liability with respect to this AgreementLease. Notwithstanding anything contained Landlord's total liability under this Lease shall be limited to Landlord's ownership interest in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesOffice Building Project.

Landlord’s Liability. If Landlord defaults In consideration of the benefits accruing under this Agreement Lease to Tenant and ifnotwithstanding anything to the contrary in this Lease or in any exhibits, as a consequence riders, amendments, or addenda to this Lease (collectively, the “Lease Documents”), it is expressly understood and agreed by and between the parties to this Lease that: (i) the recourse of such default, Tenant shall recover a money judgment or its successors or assigns against Landlord, such judgment shall be satisfied against Landlord (and the right, title and interest liability of Landlord in the Shopping Center includingto Tenant, but not limited to, the rents, proceeds its successors and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right assigns) with respect to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default breaches by Landlord) do not constitute personal obligations or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the individual partnersLease Documents, directorsor (b) any matter relating to Tenant’s occupancy of the Tenant Space (collectively, officers, members or shareholders of Landlord or the “Landlord’s partnersLease Undertakings”), and shall be limited solely to an aggregate amount of Landlord’s interest in the Property; (ii) other than Landlord’s interest in the Property, Tenant shall not seek have no recourse against any other assets of the individual partners, directors, officers, members or shareholders Landlord Group (as defined in the Basic Lease Information); (iii) except to the extent of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlordthe Property, no personal liability or any of their personal assets for satisfaction responsibility of any liability sort with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contraryany of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, in or shall at any time be asserted or enforceable against, Landlord; and (iv) at no event time shall Landlord be responsible or liable to Tenant or any Tenant Party for any lost profits, lost economic opportunities or any form of consequential damages as the result of any actual or alleged breach by Landlord of Landlord’s officersLease Undertakings. If Landlord is or at any time becomes a trust, partnership or joint venture and the trust, partnership or joint venture agreements in connection with such trust, partnership or joint venture provides that only the assets of the trust, partnership or joint venture and not the assets of the trustees, directors, partners, beneficiaries, separate partners or joint venturersventurers be available for the satisfaction of Landlord’s covenants, membersindemnities and obligations hereunder, stockholdersTenant acknowledges and agrees that the liability of the trustees, beneficiaries, partners or other principals joint venturers shall be limited accordingly, and that recourse shall not be had to the trustees, beneficiaries, partners or representatives, disclosed joint venturers separately or undisclosed (and to their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesseparate assets.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property performance of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its obligations under this Lease, which default results in a condition which materially interferes with Tenant’s conduct of its business, and such default is not attributable to (i) the negligent or intentional act of Tenant or its agents, employees, contractors, subtenants or invitees; or (ii) Force Majeure, and such default continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such default (except in case of emergency, following which such default continues for two business days after receipt of such notice), or if such default requires more than thirty (30) days to cure, then if Landlord fails to commence curing such default within the thirty (30) day period or fails to thereafter diligently continue curing such default until completion, then Tenant, in addition to all other rights provided or remedies which Tenant is entitled to under this Lease, at law or in equity; provided, however: (a) Tenant shall have no the right to offset take reasonable measures to cure such Landlord’s default and be reimbursed for the amount equal to the actual and reasonable out-of-pocket cost for curing such default plus interest at the Default Rate within 30-days following Tenant’s written demand for reimbursement. The term “Landlord” as used in this Lease shall mean only the owner or xxxxx rent mortgagee in possession for the time being of the Building in which the Premises are located or the owner of a leasehold interest in said Building or the land thereunder so that in the event of any default by sale of said Building or leasehold interest or an assignment of this Lease, and such purchasers or assignees assumption of Landlord’s obligations hereunder, Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the and is hereby entirely freed and relieved of all obligations of Landlord under subsequently accruing. It is specifically understood and agreed that there shall be no personal liability of Landlord in respect of any covenant, condition or provisions of this Agreement (including any actual or alleged Lease; in the event of a breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets its obligations under this Lease, Tenant shall look solely to Landlord’s interest in the Building and the land, including proceeds and rent, for the satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any LandlordTenant’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damagesremedies.

Landlord’s Liability. If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against transfer all or any property portion of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, Project and to assign this Lease to the rents, proceeds and profits derived therefromtransferee. Upon transfer, Landlord shall automatically be released from all further liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's Security Deposit to Tenant or transfer Tenant's Security Deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any such uncured default by Landlordlender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant may exercise agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of its rights provided at law or in equity; provided, however: money by Landlord arising out of (a) Tenant shall have no right Landlord's failure to offset or xxxxx rent in the event of any default by Landlord perform its obligations under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; Lease or (b) Tenant shall have no right to terminate this Agreement unless determined by a court the negligence or willful misconduct of competent jurisdiction under applicable law taking into account the nature Landlord, its partners, employees and agents. No other property or assets of the breach; and (c) Tenant’s rights and remedies hereunder Landlord shall be limited subject to levy, execution or other enforcement procedure for the extent satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, Lease and the obligations of Landlord hereunder. The obligations under this Agreement (including any actual or alleged breach or default by Landlord) Lease do not constitute personal obligations of the individual partners, directors, officers, members or shareholders partners of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders partners of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreementassets. Notwithstanding anything contained in this Agreement to the contrary, in In no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement Tenant for lost profits or consequential, speculative consequential or punitive damages.