Common use of LESSOR'S LIABILITY Clause in Contracts

LESSOR'S LIABILITY. Notwithstanding any provision hereof to the contrary, Lessee shall look solely to the estate and property of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim or judgment against Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, shall be limited to such estate and property of Lessor (or sale proceeds). No other properties or assets of Lessor shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, and if Lessee shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.

LESSOR'S LIABILITY. Notwithstanding any provision hereof The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the contraryPremises. In the event of a transfer of Lessor's title or interest in the Premises or in this Lease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor 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 prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Lessor. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only upon the Lessor as hereinabove defined. The obligations of Lessor, and Lessor's directors, officers, shareholders, partners (either general or limited), members, employees, agents and representatives, under the Lease do not constitute personal obligations. Lessee, and Lessee's successors and assigns, hereby agree not to seek any recourse against Lessor and Lessor's directors, officers, shareholders, partners (either general or limited), members, employees, agents and representatives for the satisfaction of any actual or alleged liability of Lessor to lessee under the Lease, but Lessee shall look solely only to Lessor's interest in the estate and property Premises for the satisfaction of any liability of Lessor in to Lessee under the Lease. Notwithstanding any other provision of this Lease, it is expressly understood and to agreed that the Building (or total liability of the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim or judgment against Lessor arising out of or in connection with this Lease, the relationship of landlord the Lessor and tenant or the Lessee hereunder and/or the Lessee's use of the Demised Premises, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Leased Premises, shall be limited to such the estate and property of the Lessor (or sale proceeds)in the Property. No other properties property or assets asset of the Lessor or any partner or owner of the Lessor shall be subject to levy, execution execution, or other enforcement procedures proceedings or other judicial process for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other right or remedy of the Lessee arising out of or in connection with this Lease, the relationship of landlord the Lessor and tenant or the Lessee hereunder and/or the Lessee's use of the Demised Leased Premises, and if Lessee shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.

LESSOR'S LIABILITY. Notwithstanding any provision hereof The term "Lessor" as used in this Lease shall be limited to and mean only the contraryowner or owners of the Lessor's interest in this Lease at the time in question, Lessee shall look solely to the estate and property of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim transfer or judgment against transfers of such interest by the Lessor, or by any entity which comprises the Lessor, the Lessor arising out named herein (and in case of any subsequent transfer, the then transferor), shall be automatically freed and relieved from and after the date of such transfer of all personal liability with respect to the performance of any covenants or agreements on the part of the Lessor contained in connection this Lease thereafter to be performed, provided that any funds in the hands of such Lessor (or the then transferor at the time of such transfer) in which the Lessee has an interest shall be turned over to the transferee, and upon any such transfer, the transferee shall be deemed to have assumed, subject to the limitations of this Section, all of the covenants, agreements and conditions contained in this Lease to be performed on the part of the Lessor, it being intended hereby that the covenants and agreements contained in this Lease on the part of the Lessor to be performed shall, subject as aforesaid, be binding on the Lessor, its successors and assigns, and on any entity which comprises Lessor, only during and in respect to their respective periods of ownership, either as Lessor or as an entity which comprises Lessor. Neither Lessor, nor any officer, director, shareholder, or partner of Lessor, shall have any personal liability whatsoever with respect to this Lease, the relationship Lessee agreeing that any claim by Lessee or judgment of landlord and tenant or Lessee's use of the Demised Premises, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, shall be limited to such estate and property of Lessor (or sale proceeds). No other properties or assets of against Lessor shall be subject confined to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising and satisfied only out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premisesof, and if Lessee shall acquire a lien on or only to the extent of, Lessor's interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.

LESSOR'S LIABILITY. The term "Lessor" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Premises, and in the event of any transfer of such title or interest, the Lessor 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 Lessor's obligations thereafter to be performed by Lessor under this Lease, provided that any funds held by Lessor or the then transferor at the time of such transfer under the provisions of this Lease shall be delivered to the transferee and that such transferee assumes in full the obligations of the "Lessor" under this Lease which are to be performed from and after the effective date of the transfer. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership. Notwithstanding any provision hereof of this Lease to the contrary, Lessee agrees that it shall look solely to the estate and property of the Lessor in and the Premises (including, but not limited to, any proceeds derived from the sale of the Premises or any portion of the Premises), subject to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds prior rights of any financing mortgagee or refinancing thereof) holder of a deed of trust encumbering the Premises or any portion thereof and subject to the Lessor's rights under a leasehold interest in the event of Premises or any claim or judgment against Lessor arising out of or in connection with this Leasepart thereof, the relationship of landlord and tenant or Lessee's use of the Demised Premisesif any, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, shall be limited to such estate and property of Lessor (or sale proceeds). No other properties or assets of Lessor shall be subject to levy, execution or other enforcement procedures for the satisfaction collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by Lessor, and no other asset of Lessor shall be subject to any levy, execution or other process for the satisfaction of any other remedy of Lessee arising out of or in connection with Lessee's remedies under this Lease. No officer, the relationship director, administrator, employee, agent, or attorney of landlord and tenant or Lessee's use of the Demised Premises, and if Lessee Lessor shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability default of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.

LESSOR'S LIABILITY. Notwithstanding any provision hereof The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the contraryPremises. In the event of a transfer of Lessor's title or interest in the Premises or in this Lease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor 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 prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Lessor. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only upon the Lessor as hereinabove defined. The obligations of Lessor, and Lessor's directors, officers, shareholders, partners (either general or limited), members, employees, agents and representatives, under the Lease do not constitute personal obligations. Lessee, and Lessee's successors and assigns, hereby agree not to seek any recourse against Lessor and Lessor's directors, officers, shareholders, partners (either general or limited), members, employees, agents and representatives for the satisfaction of any actual or alleged liability of Lessor to Lessee under the Lease, but Lessee shall look solely only to Lessor's interest in the estate and property Premises for the satisfaction of any liability of Lessor in to Lessee under the Lease. Notwithstanding any other provision of this Lease, it is expressly understood and to agreed that the Building (or total liability of the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim or judgment against Lessor arising out of or in connection with this Lease, the relationship of landlord the Lessor and tenant or the Lessee hereunder and/or the Lessee's use of the Demised Premises, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Leased Premises, shall be limited to such the estate and property of the Lessor (or sale proceeds)in the Property. No other properties property or assets asset of the Lessor or any partner or owner of the Lessor shall be subject to levy, execution execution, or other enforcement procedures proceedings or other judicial process for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other right or remedy of the Lessee arising out of or in connection with this Lease, the relationship of landlord the Lessor and tenant or the Lessee hereunder and/or the Lessee's use of the Demised Leased Premises, and if Lessee shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.

LESSOR'S LIABILITY. Notwithstanding The Lessor shall not be liable or responsible to Lessee for any provision hereof injury or damage resulting from the acts or omissions of Lessor's employees, persons leasing office space or services from the Lessor, or other persons occupying any part of the building of which the leased property is a part, or for any failure of services provided such as electricity, water and heat, or for any injury or damage to persons or property caused by any person (except for such loss or damage resulting from willful or grossly negligent misconduct of the contraryLessor, Lessee its agents or employees) or from Lessor's failure to make repairs which it is obligated to make hereunder. The Lessor shall look solely to the estate and property of Lessor in and to the Building (or the proceeds received by Lessor on not be liable, as a sale of such estate and property but not the proceeds result of any financing breach or refinancing thereof) in the event of any claim or judgment against Lessor action arising out of or resulting from this agreement, including, but not limited to, errors or omissions in connection with this Leaseproviding services hereunder, the relationship of landlord and tenant or Lessee's use for any damages in excess of the Demised Premises, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, shall be limited to such estate and property of Lessor (or sale proceeds). No other properties or assets of Lessor shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, and if Lessee shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering amount actually paid to Lessor an instrument to that effectfor providing such services, prepared by Lessor's attorneys. It is agreed that neither nor shall Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against item of damage measured by lost profit resulting to Lessee. Lessee agrees to pay, and to protect, indemnify and save harmless Lessor or any duty or liability and all beneficiaries, agents and employees of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform from and against any and all liabilities, losses, damages, costs, expenses (including all attorneys' fees and expenses of Lessor's obligations hereunder where such failure(s) is due to ), causes beyond Lessor's controlof action, including without limitation suits, claims, demands or judgments of any nature whatsoever (except those arising solely from the acts of GodLessor, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement its agents or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.employees) arising

LESSOR'S LIABILITY. Notwithstanding any provision hereof The term "LESSOR" as used herein shall mean the owner or owners at the time in question of the fee title to the contrary, Lessee shall look solely to the estate and property of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in Premises. In the event of any claim a transfer of Lessor's title or judgment against Lessor arising out of interest in the Premises or in connection with this Lease, Lessor shall deliver to the relationship transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor at the time of landlord such transfer or assignment. Except as provided in Paragraph 15.3, upon such transfer or assignment and tenant or Lessee's use delivery of the Demised PremisesSecurity Deposit, and Lessee agrees that the liability of Lessor arising out of or in connection with this Leaseas aforesaid, the relationship of landlord and tenant or Lessee's use of the Demised Premises, shall be limited to such estate and property of Lessor (or sale proceeds). No other properties or assets of prior Lessor shall be subject relieved of all liability with respect to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for obligations and/or covenants under this Lease thereafter to be performed by the satisfaction of any other remedy of Lessee arising out of or in connection with this LeaseLessor. Subject to the foregoing, the relationship of landlord and tenant or Lessee's use of obligations and/or covenants in this Lease to be performed by the Demised Premises, and if Lessee Lessor shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee be binding only upon the Lessor as hereinabove defined. Lessor shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever not be personally liable for any judgment against Lessor failure or interruption of any duty utility or liability of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikesservice, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation reduction or reduction in Rent by reason abatement of inconvenience rent on account of any such failure or loss arising interruption, unless such failure or interruption results from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason breach of any repairs to the Demised Premises this Lease or the Buildingnegligence or willful misconduct of Lessor or its agents, employees or independent contractors and the Premises are not useable by Lessee for the conduct of Lessee's business as a result thereof for a period of more than twenty (20) consecutive business days (a "MATERIAL INTERRUPTION"). In the event of a Material Interruption, Base Rent and applicable Operating Expenses not actually incurred up to that point by Lessee shall be abated for the period which commences five (5) days after the date Lessee gives to Lessor notice of the occurrence of such Material Interruption until such utilities or services are restored.

LESSOR'S LIABILITY. Notwithstanding Lessor, its partners, officers, directors, shareholders and principals, disclosed or undisclosed, shall have no personal liability under this Sublease. If Lessor shall fail to perform any provision hereof covenant, term or condition of this Sublease upon Lessor’s part required to the contrarybe performed, or if Lessee shall look solely to the estate and property of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of make any claim or judgment against Lessor arising out of Lessee’s occupancy or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Subleased Premises, Lessor’s liability from and Lessee agrees that after the liability date of Lessor arising out of this Sublease shall not exceed the Rental payable hereunder, and in no event shall Lessor’s partners, officers, directors, shareholders or in connection with this Leaseprincipals, the relationship of landlord and tenant disclosed or Lessee's use of the Demised Premisesundisclosed, shall be limited to such estate and property of Lessor (or sale proceeds). No other properties or assets of Lessor shall be subject to lien, levy, execution or other enforcement procedures procedure for the satisfaction of any judgment (Lessee’s remedies under or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with respect to this LeaseSublease, the relationship of landlord Lessor and tenant Lessee hereunder or Lessee's ’s use or occupancy of the Demised Subleased Premises, and if . If Lessee shall acquire a lien on or interest in any such other properties property or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging executing and delivering to Lessor an instrument to that effectany instrument, prepared by Lessor's attorneys, required for such lien to be released. It is agreed that neither Lessor nor any of its officers, directors or employees This paragraph shall ever be personally liable for any judgment against Lessor or any duty or liability inure to the benefit of Lessor under and its successors and assigns and shall survive the expiration or sooner termination of this LeaseSublease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s[***] INDICATES MATERIAL THAT HAS BEEN OMITTED BECAUSE IT IS BOTH (I) is due to causes beyond Lessor's controlNOT MATERIAL, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the BuildingAND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED.

LESSOR'S LIABILITY. The term "LESSOR" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Premises, and in the event of any transfer of such title or interest, the Lessor 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 Lessor's obligations thereafter to be performed by Lessor under this Lease, provided that any funds held by Lessor or the then transferor at the time of such transfer under the provisions of this Lease shall be delivered to the transferee and that such transferee assumes in full the obligations of the "Lessor" under this Lease which are to be performed from and after the effective date of the transfer. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership. Notwithstanding any provision hereof of this Lease to the contrary, Lessee agrees that it shall look solely to the estate and property of the Lessor in and the Premises (including, but not limited to, any proceeds derived from the sale of the Premises or any portion of the Premises), subject to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds prior rights of any financing mortgagee or refinancing thereof) holder of a deed of trust encumbering the Premises or any portion thereof and subject to the Lessor's rights under a leasehold interest in the event of Premises or any claim or judgment against Lessor arising out of or in connection with this Leasepart thereof, the relationship of landlord and tenant or Lessee's use of the Demised Premisesif any, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, shall be limited to such estate and property of Lessor (or sale proceeds). No other properties or assets of Lessor shall be subject to levy, execution or other enforcement procedures for the satisfaction collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by Lessor, and no other asset of Lessor shall be subject to any levy, execution or other process for the satisfaction of any other remedy of Lessee arising out of or in connection with Lessee's remedies under this Lease. No officer, the relationship director, administrator, employee, agent, or attorney of landlord and tenant or Lessee's use of the Demised Premises, and if Lessee Lessor shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability default of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.

LESSOR'S LIABILITY. Notwithstanding any provision hereof to The term "Lessor" as used herein shall mean only the contraryowner or owners, Lessee shall look solely to at the estate time in question, of the fee title or a lessee's interest in an underlying lease of the Premises, and property of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim transfer of such title or judgment against interest, the Lessor arising out herein named (and in case of or in connection with any subsequent transfers, then the grantor) shall be relieved from and after the date of such transfer of all liability as respects Lessor's obligations thereafter to be performed by Lessor under this Lease, provided that any funds held by Lessor or the relationship then transferor at the time of landlord such transfer under the provisions of this Lease shall be delivered to the transferee and tenant or Lessee's use that such transferee assumes in full the obligations of the Demised Premises, "Lessor" under this Lease which are to be performed from and Lessee agrees that after the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use effective date of the Demised Premisestransfer. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership. Notwithstanding any provision of this Lease to the contrary, Lessor's liability under this Lease shall be limited to such estate the lesser of Five Million Dollars ($5,000,000) and property Lessor's interest in the Project (including, but not limited to, insurance and condemnation proceeds and any proceeds derived from the sale of Lessor (the Project or sale proceedsany portion of the Project). No other properties or assets of Lessor shall be , subject to levythe prior rights of any mortgagee or holder of a deed of trust encumbering the Project or any portion thereof and subject to any lessor's rights under a leasehold interest in the Project or any part thereof, execution or other enforcement procedures if any, for the satisfaction collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by Lessor, and no other asset of Lessor shall be subject to any levy, execution or other process for the satisfaction of any other remedy of Lessee arising out of or in connection with Lessee's remedies under this Lease. No officer, the relationship director, administrator, employee, agent, or attorney of landlord and tenant or Lessee's use of the Demised Premises, and if Lessee Lessor shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability default of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.

LESSOR'S LIABILITY. It is expressly agreed that the obligations of Lessor shall only bind the party or parties from time to time owning the Building during their respective periods of ownership thereof so that Lessor and its successors in interest shall cease to have any liability hereunder for causes of action arising after they respectively cease to own the Building and give notice thereof to Lessee, and such liability shall pass to and bind only the owner from time to time of the Building as landlord hereunder. Each respective owner shall, however, be and remain liable hereunder for causes of action arising during the period of time of each owner's ownership of the Building up to the date of each such owner's transfer of the Building. Notwithstanding any provision hereof to the contrarycontrary contained herein, Lessee shall look solely to the estate and property of Lessor in and to the Land and the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim or judgment against Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant tenant, or Lessee's use of the Demised Premises, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, shall be limited to such estate and property of Lessor (or sale proceeds)in and to the Land and the Building. No other properties or assets of Lessor other than the estate and property of Lessor in and to the Land and the Building and no property owned by any partner or shareholder of Lessor shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, and if Lessee shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.

LESSOR'S LIABILITY. Notwithstanding any provision hereof anything to the contrarycontrary provided in this Lease, it is specifically understood and agreed, such agreement being a primary consideration for the execution of this Lease by Lessor, that (i) there shall be absolutely no personal liability on the part of Lessor, its successors or assigns and the trustees, members, partners, shareholders, officers, directors, employees and agents of Lessor and its successors or assigns, to Lessee with respect to any of the terms, covenants and conditions of this Lease, (ii) Lessee waives all claims, demands and causes of action against the trustees, members, partners, shareholders, officers, directors, employees and agents of Lessor and its successors or assigns in the event of any breach by Lessor of any of the terms, covenants and conditions of this Lease to be performed by Lessor, and (iii) Lessee shall look solely to the estate Properties for the satisfaction of each and property every remedy of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) Lessee in the event of any claim breach by Lessor of any of the terms, covenants and conditions of this Lease to be performed by Lessor, or judgment against Lessor arising out of or any other matter in connection with this LeaseLease or the Properties, such exculpation of liability to be absolute and without any exception whatsoever. Subject to the relationship "Carveouts" as hereinafter set forth, it is specifically understood and agreed, such agreement being a primary consideration for the execution of landlord and tenant or this Lease by Lessee's use , that (i) there shall be absolutely no personal liability on the part of the Demised Premisestrustees, members, partners, shareholders, officers, directors, employees and agents of Lessee and its successors or assigns, to Lessor with respect to any of the terms, covenants and conditions of this Lease or the Other Agreements, and (ii) Lessor waives all claims, demands and causes of action against the trustees, members, partners, shareholders, officers, directors, employees and agents of Lessee agrees that and its successors or assigns in the liability event of Lessor arising out any breach by Lessee of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use any of the Demised Premisesterms, shall covenants and conditions of this Lease or the Other Agreements to be limited to performed by Lessee, such estate exculpation of liability and property waiver of Lessor (or sale proceeds). No other properties or assets of Lessor shall be subject to levyclaims, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Leasehowever, the relationship of landlord and tenant or Lessee's use of the Demised Premises, and if Lessee shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation applicable and shall be of no force or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto effect upon the Demised Premises as authorized hereunder, nor by reason occurrence of any repairs to one or more of the Demised Premises or following specified circumstances (the Building."Carveouts"):

LESSOR'S LIABILITY. Notwithstanding any provision hereof to the contrary, Lessee shall look solely to the estate and property of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim or judgment against Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, and Lessee agrees that the liability of Lessor arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, shall be limited to such estate and property of Lessor (or sale proceeds). No other properties or assets of Lessor shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment judgement (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease, the relationship of landlord and tenant or Lessee's use of the Demised Premises, and if Lessee shall acquire a lien on or 25 interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor Lesser an instrument to that effect, effect prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of Lessor under this Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as authorized hereunder, nor by reason of any repairs to the Demised Premises or the Building.