Common use of Landlord’s Liability Clause in Contracts

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, and notwithstanding anything to the contrary contained in the Lease Documents, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its successors and assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, shall be limited, in the aggregate, solely to an amount equal to Landlord’s Liability Cap; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (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 Liability Cap, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlord.

Landlord’s Liability. In consideration Landlord’s obligations hereunder shall be binding upon Landlord only for the period of time that Landlord is in ownership of the benefits accruing under Building, and upon termination of that ownership, Tenant, except as to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of the Building for the satisfaction of each and every obligation of Landlord hereunder. Upon request and without charge, Tenant shall attorn to any successor to Landlord’s interest in this Lease and, at the option of any Mortgagees, to Tenantsuch Mortgagees. Landlord shall have no personal liability under any of the terms, conditions or covenants of this Lease and notwithstanding anything Tenant shall look solely to the contrary contained equity of Landlord in the Lease DocumentsBuilding and/or the proceeds therefrom for the satisfaction of any claim, it is expressly understood and agreed by and 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 that: (i) the collective by Landlord. In addition, no recourse of Tenant and its successors and assigns against Landlord (and the liability shall be had for an obligation of Landlord to Tenanthereunder, its successors 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 assigns) released by Tenant with respect to the Landlord Indemnitees (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, shall be limited, in the aggregate, solely to an amount equal to Landlord’s Liability Cap; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (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 Liability Cap, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlord).

Landlord’s Liability. In consideration The term "Landlord" as used herein shall mean only the owner or owners at the time in question of the benefits accruing under fee title or a lessee's interest in a ground lease of the Premises, and if any transfer of such title or interest occurs, then Landlord herein named (and, in case of any subsequent transfers, then each grantor thereof) shall be relieved from and after the date of such transfer of all liability relating to 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 Tenantbe performed by Landlord shall, and notwithstanding anything to the contrary contained in the Lease Documentssubject as aforesaid, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its be binding on Landlord's successors and assigns against only during their respective periods of ownership. Notwithstanding anything in this Lease to the contrary, Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, shall be limited, in the aggregate, solely to an amount equal to Landlord’s Liability Cap; (ii) other than Landlord’s Liability Cap, Tenant shall have no personal liability under any provision of this Lease, Tenant hereby agreeing to look solely to Landlord's estate in the Premises for recourse against and/or recovery for any claim, damage, liability, or other assets amount arising under, relating to, or in connection with Tenant's occupancy of Landlord; (iii) Tenant and/or tenancy in the Premises; it being further agreed that, for this purpose, the Premises shall have no recourse against any assets be deemed encumbered by a loan having a loan-to-value ratio of any member 70% if the Premises is unencumbered or encumbered by a loan having a lesser loan-to-value ratio at the time the determination of the Landlord Group other than Landlord; (iv) except 's estate in the Premises is to the extent of Landlord’s Liability Cap, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlordmade.

Landlord’s Liability. In consideration Landlord’s obligations hereunder shall be binding upon Landlord only for the period of time that Landlord is in ownership of the benefits accruing under Building, and upon termination of that ownership, and the transfer of any Security Deposit to such successor-in-interest, Tenant, except as to any obligations that are then due and owing, shall look solely to Landlord’s successor-in-interest in ownership of the Building for the satisfaction of each and every obligation of Landlord hereunder. Upon request and without charge, Tenant shall attorn to any successor to Landlord’s interest in this Lease and, at the option of any Mortgagees, to Tenantsuch Mortgagees. Landlord shall have no personal liability under any of the terms, conditions or covenants of this Lease and notwithstanding anything Tenant shall look solely to the contrary contained equity of Landlord in the Lease DocumentsBuilding and/or the rent, it is expressly understood profits and agreed by and proceeds therefrom for the 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 that: (i) the collective by Landlord. In addition, no recourse of Tenant and its successors and assigns against Landlord (and the liability shall be had for an obligation of Landlord to Tenanthereunder, its successors 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 assigns) released by Tenant with respect to the Landlord Indemnitees (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, shall be limited, in the aggregate, solely to an amount equal to Landlord’s Liability Cap; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (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 Liability Cap, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlord).

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, and notwithstanding anything to the contrary contained in the Lease Documents, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its successors and assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, shall be limited, in the aggregate, 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 or damages to physical property to the extent based upon the negligence or 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 LandlordLandlord 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 Liability Cap, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlord.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, and notwithstanding anything to the contrary contained in the Lease Documents, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its successors and assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s 's Lease Undertakings, and (b) any other matter relating to Tenant’s 's occupancy of the Tenant Space, shall be limited, in the aggregate, solely to an amount equal to Landlord’s 's Liability Cap; (ii) other than Landlord’s 's Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (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 's Liability Cap, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlord.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in this Lease or in any exhibits, 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 collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of Landlord’s the Lease UndertakingsDocuments, and or (b) any other matter relating to Tenant’s occupancy of the Tenant SpaceSpace (collectively, the “Landlord’s Lease Undertakings”), shall be limited, in the aggregate, limited solely to an aggregate amount equal of Landlord’s interest in the Property not to exceed $50,000,000.00 (“Landlord’s Liability Cap; ”); (ii) other than Landlord’s Liability Capinterest in the Property, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (ivas defined in the Basic Lease Information); (iii) except to the extent of Landlord’s Liability Capinterest in the Property, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord; and the Landlord Group, and (viv) at no personal liability time shall Landlord be responsible or personal responsibility 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 sort with respect to any actual or alleged breach by Landlord 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.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in any of the Lease Documents, it is expressly understood and agreed by and between the parties to this Lease that: : (ia) the collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of (or that is otherwise related to) Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, Undertakings shall be limited, in the aggregate, limited solely to an amount equal to Landlord’s Liability Cap; equity interest in the Building; (iib) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; Parties; (ivc) except to the extent of Landlord’s Liability Capinterest in the Building (to the extent provided above), no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Parties, and (d) at no time shall Landlord be responsible or liable to Tenant 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 (or that is otherwise related to) Landlord’s Lease Undertakings. [***] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, and notwithstanding anything to the contrary contained in the Lease Documents, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its successors and assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, shall be limited, in the aggregate, 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 injuries to persons or damages to physical property to the extent based upon the negligence or 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 LandlordLandlord 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 Liability Cap, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlord.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in this Lease or in any exhibits, 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 collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of Landlord’s the Lease UndertakingsDocuments, and or (b) any other matter relating to Tenant’s occupancy of the Tenant SpaceSpace (collectively, the “Landlord’s Lease Undertakings”), shall be limited, in the aggregate, limited solely to an amount equal to the lesser of (1) Landlord’s interest in the Property, and (2) the equity interest Landlord would have had in the Property if the Building and the Land were encumbered by independent secured financing equal to eighty percent (80%) of the value of the Property (“Landlord’s Liability Cap; ”); (ii) other than Landlord’s Liability Capinterest in the Property, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (ivas defined in the Basic Lease Information); (iii) except to the extent of Landlord’s Liability Capinterest in the Property, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord; and the Landlord Group, and (viv) at no personal liability time shall Landlord be responsible or personal responsibility 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 sort with respect to any actual or alleged breach by Landlord 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.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in this Lease or in any exhibits, 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 collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of Landlord’s the Lease UndertakingsDocuments, and or (b) any other matter relating to Tenant’s occupancy of the Tenant SpaceSpace (collectively, the “Landlord’s Lease Undertakings”), shall be limited, in the aggregate, limited solely to an aggregate amount equal to of Landlord’s Liability Cap; interest in the Property not to exceed an amount equivalent to a thirty percent (30%) equity interest in the Property; (ii) other than Landlord’s Liability Capinterest in the Property, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (ivas defined in the Basic Lease Information); (iii) except to the extent of Landlord’s Liability Capinterest in the Property, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord; and the Landlord Group, and (viv) at no personal liability time shall Landlord be responsible or personal responsibility 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 sort with respect to any actual or alleged breach by Landlord 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.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, and notwithstanding Notwithstanding anything to the contrary contained in the Lease Documentsherein contained, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its successors and assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, there shall be limited, in the aggregate, solely to an amount equal to Landlord’s Liability Cap; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (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 Liability Cap, absolutely no personal liability asserted or personal responsibility of enforceable against Landlord or on any sort persons, firms or entities who constitute Landlord with respect to any of the terms, covenants, conditions and provisions of this Lease, and Tenant shall, subject to the rights of any mortgagee, look solely to the interest of Landlord’s Lease Undertakings, or any alleged breach thereofits successors and assigns in the, is assumed by, or shall at any time be asserted or enforceable against, LandlordPremises for the satisfaction of each and every remedy of Tenant in the event of default by Landlord hereunder; and (v) no such exculpation of personal liability or personal responsibility is absolute and without any exception whatsoever. If the entity constituting Landlord is a partnership, Tenant agrees that the deficit capital account of any sort such partner shall not be deemed an asset or property of said partnership. Notwithstanding anything in this Lease to the contrary, with respect to any provision of this Lease which requires Landlord’s Lease Undertakings's consent or approval, Tenant shall not be entitled to make, nor shall Tenant make, any claim for (and Tenant hereby waives any claim for) money damages as a result of any claim by Tenant that Landlord has unreasonably withheld or unreasonably delayed any consent or approval, but Tenant's sole remedy shall be an action or proceeding to enforce such provision, or any alleged breach thereoffor specific performance, is assumed by, injunction or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlorddeclaratory judgment.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, and notwithstanding anything to the contrary contained in the Lease Documents, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its successors and assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, shall be limited, in the aggregate, 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 injuries to persons or damages to physical property to the extent based upon the negligence or willful misconduct of the Landlord Parties, or (y) any Outage Credits, Security/Access Credits, Full SAS 70 Credits, or Partial SAS 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 LandlordLandlord 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 Liability Cap, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlord.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, and notwithstanding Notwithstanding anything to the contrary contained in the Lease Documentsherein contained, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its successors and assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, there shall be limited, in the aggregate, solely to an amount equal to Landlord’s Liability Cap; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (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 Liability Cap, absolutely no personal liability asserted or personal responsibility of enforceable against Landlord or on any sort persons, firms or entities who constitute Landlord with respect to any of the terms, covenants, conditions and provisions of this Lease, and Tenant shall, subject to the rights of any mortgagee, look solely to the interest of Landlord’s Lease Undertakings, or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlordits successors and assigns in the Premises for the satisfaction of each and every remedy of Tenant in the event of default by Landlord hereunder; and (v) no such exculpation of personal liability or personal responsibility is absolute and without any exception whatsoever. If the entity constituting Landlord is a partnership, Tenant agrees that the deficit capital account of any sort such partner shall not be deemed an asset or property of said partnership. Notwithstanding anything in this Lease to the contrary, with respect to any provision of this Lease which requires Landlord’s Lease Undertakings's consent or approval, Tenant shall not be entitled to make, nor shall Tenant make, any claim for (and Tenant hereby waives any claim for) money damages as a result of any claim by Tenant that Landlord has unreasonably withheld or unreasonably delayed any consent or approval, but Tenant's sole remedy shall be an action or proceeding to enforce such provision, or any alleged breach thereoffor specific performance, is assumed by, injunction or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlorddeclaratory judgment.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in this Lease or in any exhibits, 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 collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of Landlord’s the Lease UndertakingsDocuments, and or (b) any other matter relating to Tenant’s occupancy of the Tenant SpaceSpace (collectively, the “Landlord’s Lease Undertakings”), shall be limited, in limited to no more than an aggregate of Fifteen Million and No/100 Dollars ($15,000,000.00) (the aggregate, solely to an amount equal to Landlord’s “Liability Cap; Limit”); (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (ivas defined in the Basic Lease Information); (iii) except to the extent of Landlord’s the Liability CapLimit, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord; and the Landlord Group, and (viv) at no personal liability time shall Landlord be responsible or personal responsibility liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damages as the result of any sort with respect to any actual or alleged breach of Landlord 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.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in this Lease or in any exhibits, 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 collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of Landlord’s the Lease UndertakingsDocuments, and or (b) any other matter relating to Tenant’s occupancy of the Tenant SpaceSpace (collectively, the “Landlord’s Lease Undertakings”), shall be limited, in the aggregate, limited solely to an aggregate amount equal to of Landlord’s Liability Cap; interest in the Property not to exceed an amount equivalent to a thirty percent (30%) equity interest in the Property; (ii) other than Landlord’s Liability Capinterest in the Property, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (ivas defined in Schedule “1”); (iii) except to the extent of Landlord’s Liability Capinterest in the Property (with respect to Landlord), no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord; and the Landlord Group, and (viv) at no personal liability time shall Landlord be responsible or personal responsibility 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 sort with respect to any actual or alleged breach by Landlord 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.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in this Lease or in any exhibits, 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 collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of Landlord’s the Lease UndertakingsDocuments, and or (b) any other matter relating to Tenant’s occupancy of the Tenant SpaceSpace (collectively, the “Landlord’s Lease Undertakings”), shall be limited, in the aggregate, limited solely to an amount equal to the lesser of (1) Landlord’s Liability Cap; interest in the Property, and (2) the equity interest Landlord would have had in the Property if the Building and the Land were encumbered by independent secured financing equal to eighty percent (80%) of the value of the Property; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (ivas defined in the Basic Lease Information); (iii) except to the extent of Landlord’s Liability Capinterest in the Property, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord; and the Landlord Group, and (vd) at no personal liability time shall Landlord be responsible or personal responsibility liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any sort with respect to any actual or alleged breach of Landlord of Landlord’s Lease Undertakings. Notwithstanding anything in this Lease to the contrary but subject to the provisions of Sections 13.1 and 13.3 of this Lease, at no time shall Tenant be responsible or liable to Landlord for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach thereofby Tenant of Tenant’s covenants, is assumed by, duties or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlordobligations under this Lease.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, and notwithstanding Notwithstanding anything to the contrary contained in the Lease Documentsherein contained, it is expressly understood and agreed by and between the parties to this Lease that: (i) the collective recourse of Tenant and its successors and assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, there shall be limited, in the aggregate, solely to an amount equal to Landlord’s Liability Cap; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (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 Liability Cap, absolutely no personal liability asserted or personal responsibility of enforceable against Landlord or on any sort persons, firms or entities who constitute Landlord with respect to any of the terms, covenants, conditions and provisions of this Lease, and Tenant shall, subject to the rights of any mortgagee, look solely to the interest of Landlord’s Lease Undertakings, or any alleged breach thereofits successors and assigns in the Premises for the satisfaction of each and every remedy of Tenant in the event of default by Landlord hereunder, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no such exculpation of personal liability or personal responsibility is absolute and without any exception whatsoever. If the entity constituting Landlord is a partnership, Tenant agrees that the deficit capital account of any sort such partner shall not be deemed an asset or property of said partnership. Notwithstanding anything in this Lease to the contrary, with respect to any provision of this Lease which requires Landlord’s Lease Undertakings's consent or approval, Tenant shall not be entitled to make, nor shall Tenant make, any claim for (and Tenant hereby waives any claim for) money damages as a result of any claim by Tenant that Landlord has unreasonably withheld or unreasonably delayed any consent or approval, but Tenant's sole remedy shall be an action or proceeding to enforce such provision, or any alleged breach thereoffor specific performance, is assumed by, injunction or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Landlorddeclaratory judgment.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in any of the Lease Documents, it is expressly understood and agreed by and between the parties to this Lease that: : (ia) the collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any of (or that is otherwise related to) Landlord’s Lease Undertakings, and (b) any other matter relating to Tenant’s occupancy of the Tenant Space, Undertakings shall be limited, in the aggregate, limited solely to an amount equal to Landlord’s Liability Cap; equity interest in the Building; (iib) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; Parties; (ivc) except to the extent of Landlord’s Liability Capinterest in the Building (to the extent provided above), no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, is assumed by, or shall at any time be asserted or enforceable against, Landlord; and (v) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, any member of the Landlord Group other than Parties, and (d) at no time shall Landlord be responsible or liable to Tenant 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 (or that is otherwise related to) Landlord’s Lease Undertakings.

Landlord’s Liability. In consideration of the benefits accruing under this Lease to Tenant, Tenant and notwithstanding anything to the contrary contained in this Lease or in any exhibits, 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 collective recourse of Tenant and or its successors and or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to (a) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of Landlord’s the Lease UndertakingsDocuments, and or (b) any other matter relating to Tenant’s occupancy of the Tenant SpaceSpace (collectively, the “Landlord’s Lease Undertakings”), shall be limited, in the aggregate, limited solely to an aggregate amount equal to Landlord’s Liability Cap; $5,000,000.00; (ii) other than Landlord’s Liability Cap, Tenant shall have no recourse against any other assets of Landlord; (iii) Tenant shall have no recourse against any assets of any member of the Landlord Group other than Landlord; (ivas defined in the Basic Lease Information); (iii) except to the extent of Landlord’s Liability Capinterest in the Property, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings, Undertakings or any alleged breach thereof, thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord; and the Landlord Group, and (viv) at no personal liability time shall Landlord be responsible or personal responsibility liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damages as the result of any sort with respect to any actual or alleged breach of Landlord 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.