Common use of LIABILITY OF LANDLORD Clause in Contracts

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word “Landlord” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s successor in interest in for the Project for recovery performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty other than Landlord, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises. No mortgagee or lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall ever be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by an amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)Lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord in the Property (if Landlord is a partnership)including, or trustee or beneficiary (if Landlord or any partner of Landlord is a trust)without limitation, have any liability rents, condemnation awards, insurance and sale proceeds) for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s 's interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s 's and the Landlord Parties’ ' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s 's obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s 's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of --------------------- Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It Notwithstanding anything in this Lease to the contrary, any remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, cause of action, obligation, contractual statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any matter relating to this Lease and all of the covenants and conditions or any obligations, contractual, statutory, or otherwise set forth herein, shall be limited solely and exclusively to an amount which is expressly understood and agreed that equal to the obligations lesser of (i) the interest of Landlord under this Lease in and to the Project, and (ii) the interest Landlord would have in the Project if the Project were encumbered by third party debt in an amount equal to ninety percent (90%) of the then current value of the Property (as such value is reasonably determined by Landlord). No other property or assets of Landlord, or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord ("Representative") shall be binding upon Landlord and its successors and assigns and any future owner subject to levy, execution or other enforcement procedure for the satisfaction of the Project only Tenant's remedies under or with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor Landlord's obligations to Tenant, whether contractual, statutory or assign otherwise, the relationship of Landlord nor any future owner and Tenant hereunder, or Tenant's use or occupancy of the ProjectPremises. Tenant further understands that any liability, nor any partner, shareholder, member, duty or officer obligation of any Landlord to Tenant shall automatically cease and terminate as of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if date that Landlord or any partner of Landlord is a trust), Landlord's Representatives no longer have any liability for right, title or interest in or to the performance of Landlord’s obligations under this LeaseProject. Notwithstanding any contrary provision herein, neither Landlord nor the any Landlord Parties Representative shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s 's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 28.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 28.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word “Landlord” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant’s Security Deposit, Landlord shall be relieved of all liability therefore upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing shall ever be personally liable for any such judgment. The limitations provisions of liability contained in this Section 29.1 shall inure to Lease or the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employeesPremises, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), in breach or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of default with respect to Landlord’s obligations under this LeaseLease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant’s claims. Notwithstanding any contrary provision hereinthe foregoing, neither Landlord nor no mortgagee or ground lessor succeeding to the interest of the Landlord Parties hereunder (either in terms of ownership or possessory rights) shall be (a) liable under any circumstances for any indirect previous act or consequential damages omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any injury or damage toamendment of this Lease made without its written consent, or interference with, Tenant’s business, including but not limited to, loss by payment by Tenant of profits, loss Minimum Annual Rent in advance in excess of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest), provided its successor assumes the obligations of Landlord under this Lease shall be binding upon Landlord hereunder. Upon such assignment and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additionassumption, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Subject to Section 9(c), Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the Project default and Landlord fails to cure the default within a reasonable period following Tenant’s written notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It Notwithstanding anything in this Lease to the contrary, any remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, cause of action, obligation, contractual statutory or otherwise by Tenant against Landlord or the Landlord Parties concerning, arising out of or relating to any matter relating to this Lease and all of the covenants and conditions or any obligations, contractual, statutory, or otherwise set forth herein, shall be limited solely and exclusively to an amount which is expressly understood and agreed that equal to the obligations lesser of (i) the interest of Landlord under this Lease shall be binding upon Landlord in and its successors and assigns and any future owner of to the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to (including Landlord’s interest in any proceeds of insurance policies), and (ii) the interest Landlord would have in the Project if the Project were encumbered by third party debt in an amount equal to seventy-five percent (75%) of the then current value of the Property (as such value is reasonably determined by Landlord). No other property or assets of Landlord, or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord (“Representative”) shall be subject to levy, execution or other enforcement procedure for recovery the satisfaction of any judgment against Landlord arising in connection Tenant’s remedies under or with respect to this Lease, it being agreed that neither Landlord nor any successor Landlord’s obligations to Tenant, whether contractual, statutory or assign otherwise, the relationship of Landlord nor any future owner and Tenant hereunder, or Tenant’s use or occupancy of the ProjectPremises. Tenant further understands that any liability, nor any partnerduty or obligation of Landlord to Tenant which accrues from and after the date of transfer, shareholder, member, or officer of any shall automatically cease and terminate as of the foregoing shall ever be personally liable for date that Landlord or any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under Representatives no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), longer have any liability for right, title or interest in or to the performance of Landlord’s obligations under this LeaseProject. Notwithstanding any contrary provision herein, neither Landlord nor the any Landlord Parties Representative shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent or by payment by Tenant of Minimum Annual Rent in this Section 29.1 shall inure to the benefit advance in excess of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It Notwithstanding anything in this Lease to the contrary, any remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, cause of action or obligation, contractual, statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any matter relating to this Lease and all of the covenants and conditions or any obligations, contractual, statutory, or otherwise set forth herein, shall be limited solely and exclusively to an amount which is expressly understood and agreed that equal to the obligations lesser of (i) the interest of Landlord under this Lease shall be binding upon in and to the Project, and (ii) the interest Landlord and its successors and assigns and any future owner would have in the Project if the Project were encumbered by third party debt in an amount equal to ninety percent (90%) of the Project only with respect to events occurring during its and their respective ownership then current value of the Project. In additionNo other property or assets of Landlord, Tenant agrees or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord (the "REPRESENTATIVE") shall be subject to look solely levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor Landlord's obligations to Tenant, whether contractual, statutory or assign otherwise, the relationship of Landlord nor any future owner and Tenant hereunder, or Tenant's use or occupancy of the ProjectPremises. Tenant further understands that any liability, nor any partnerduty or obligation of Landlord to Tenant, shareholder, member, or officer of any shall automatically cease and terminate as of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if date that Landlord or any partner of Landlord is a trust), Landlord's Representatives no longer have any liability for right, title or interest in or to the performance of Landlord’s obligations under Project. Notwithstanding anything to the contrary in this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall not be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s 's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of --------------------- Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word “Landlord” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing shall ever be personally liable for any such judgment. The limitations provisions of liability contained in this Section 29.1 shall inure to lease or the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employeesPremises, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), in breach or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of default with respect to Landlord’s obligations under this Leaselease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant’s claims. Notwithstanding any contrary provision hereinthe foregoing, neither no mortgagee or ground lessor succeeding to the interest of Landlord nor the Landlord Parties hereunder (either in terms of ownership or possessory rights) shall be (a) liable under any circumstances for any indirect previous act or consequential damages omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any injury or damage toamendment of this lease made without its written consent, or interference with, Tenant’s business, including but not limited to, loss by payment by Tenant of profits, loss Minimum Annual Rent in advance in excess of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project for recovery nature of the default and Landlord fails to cure the default within 30 days following Tenant’s notice, provided, however, if the default cannot reasonably be cured within 30 days following Tenant’s notice, Landlord shall be afforded additional reasonable time to cure the default but only if Landlord begins to cure the default within 30 days following Tenant’s notice and continues diligently in good faith to completely cure the default. Notwithstanding the foregoing, Landlord shall act immediately to cure any judgment against Landlord arising default on its part that results in connection with this Lease, it being agreed that neither any emergency or constitutes a threat of imminent damage or injury to persons or property. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectPremises, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), in the Premises and any insurance proceeds or trustee condemnation awards or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability payments in lieu thereof with respect to the Premises for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s 's interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. For purposes hereof, "the interest of Landlord in the Project" shall include rents due from tenants, proceeds from any sale of the Project, insurance proceeds, and proceeds from condemnation or eminent domain proceedings (prior to the distribution of same to any partner or shareholder of Landlord or any other third party). The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s 's and the Landlord Parties’ ' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s 's obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties nor Tenant shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s the other party's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringoccurring except, in the case of Tenant, with respect to Tenant's liability under Article 31 or Article 33; provided that Tenant hereby acknowledges and agrees that the foregoing shall not prevent Landlord from recovering any and all damages to which Landlord is entitled pursuant to California Civil Code Sections 1951.2 (except for Section 1951.2(a)(4) , but only to the extent Section 1951.2(a)(4) allows recovery of damages other than direct out-of-pocket costs to repair the Premises and lease the Premises) and 1951.4 following an Event of Default by Tenant hereunder.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue, provided that the successor landlord has assumed this Lease. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. Except for damages directly caused by Landlord’s gross negligence or willful misconduct, Landlord will not be liable to Tenant, its Agents, customers, clients, family members, guests, or trespassers for any damage, compensation, or claim arising from (i) the repairing of any portion of the Building, (ii) any interruption in the Project use of the Premises or the Property, (iii) accident or damage resulting from the use or operation (by Landlord, Tenant, or any other person or persons whatsoever) of elevators, escalators, or heating, cooling, electrical, or plumbing equipment or apparatus, (iv) the termination of this Lease because of the destruction of the Premises or a taking or sale in lieu thereof by eminent domain, (v) any casualty, robbery, theft, criminal act, or unexplained disappearance, or (vi) any leakage in any part of the Premises or the rest of the Building (including areas occupied by other tenants and occupants of the Building), or from water, rain, or snow that may leak into, or flow from, any part of the Premises or the rest of the Building, or from drains, pipes or plumbing work in or about the Building. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, personal liability with respect to any of the provisions of this Lease or officer the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord. The foregoing limitation on Landlord’s liability shall not be deemed to constitute a waiver by Tenant of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents nonmonetary legal or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringequitable remedies.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s 's interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s 's and the Landlord Parties’ ' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s 's obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s 's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring. Notwithstanding any contrary provision herein, neither Tenant nor any member, partner, trustee, stockholder, officer, director, employee, beneficiary or affiliate of Tenant ("Tenant Parties") shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, the Landlord's business or that of any of Landlord's Parties, including but not limited to, loss of profits, loss of rents or other revenues (other than as expressly provided in Section 22.2), loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, except as specifically provided in Article 31.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that Except with respect to the obligations of Landlord under this Lease pursuant to the Environmental Agreement and Sections 7.6 and 9.1 hereof, Tenant shall be binding upon Landlord deemed to be in exclusive control and its successors and assigns and any future owner possession of the Project only with respect to events occurring Premises during its and their respective ownership of the ProjectTerm as provided in this Restated Lease. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever not be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage toto any Property or to any Person occurring on or about any Property nor for any injury or damage to any property of Tenant, or interference withof any other person, Tenant’s businessduring the Term, including unless caused by Landlord's or the Power Test Lessor's wrongful acts and/or omissions or acts of negligence or a breach of Landlord's obligations under this Restated Lease either by Landlord or the Power Test Lessor or any of their respective agents, employees, contractors, licensees or invitees. The provisions of this Restated Lease permitting Landlord to enter and inspect any Property are intended to allow Landlord to be informed as to whether Tenant is complying with the agreements, terms, covenants and conditions of this Restated Lease, and to the extent permitted by this Restated Lease, to perform such acts required by Landlord under this Restated Lease and of Tenant if Tenant shall fail to perform. Such provisions shall not be construed to impose upon Landlord any obligation, liability or duty to third parties, but not limited tonothing in this Restated Lease shall be construed to exculpate, loss relieve or Indemnify Landlord from or against any obligation, liability or duty of profits, loss of rents Landlord to third parties existing at or other revenues, loss of business opportunity, loss of goodwill before the applicable Commencement Date or loss of use, in each case, however occurringits obligations arising under Sections 7.6 or 9.1 hereof or the Environmental Agreement.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Xxxxxx's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word “Landlord” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect any security deposit from Tenant), Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing shall ever be personally liable for any such judgment. The limitations provisions of liability contained in this Section 29.1 shall inure to Lease or the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employeesPremises, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), to breach or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of default with respect to Landlord’s obligations under this Lease. Notwithstanding any contrary provision hereinLease or otherwise, neither Tenant shall look solely to the equity of Landlord nor in the Landlord Parties shall be liable under any circumstances Property for any indirect or consequential damages or any injury or damage to, or interference with, the satisfaction of Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringclaims.

LIABILITY OF LANDLORD. 29.1 It is expressly understood Landlord and agreed that Landlord’s Agent are not liable for matters outside the obligations dominion or control of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to or Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and Agent so long as there is no negligence on their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s businessparts, including but not limited to: failure of utilities or services; acts of God; and any injuries or damages to persons or property either caused by or resulting from falling plaster, dampness, overflow, or leakage upon or into the Dwelling Unit of water, rain, snow, ice, sewage, steam, gas, or electricity, or by any breakage in or malfunction of pipes, plumbing, fixtures, air conditioners, or appliances, or leakage, breakage, or obstruction of soil pipes, nor for any injury or damage from any other cause. Tenant(s) acknowledge that any security measures provided by Landlord will not be treated by Tenant(s) as a guarantee against crime or a reduction in the risk of crime. Landlord will not be liable to Tenant(s) or any guest, invitee, or occupant for injury, damage or loss to person or property caused by criminal conduct of profitsother persons, loss of rents including theft, burglary, assault, vandalism, or other revenuescrimes. Landlord will not furnish security personnel, loss security lighting, security gates or fences, or other forms of security. If Landlord’s employees are requested to render services not contemplated in this Lease Agreement, Tenant(s) will hold Landlord harmless from all liability for same. If information on Tenant(s) or Tenant(s)’ rental history is requested by others for law enforcement or business opportunitypurposes, loss of goodwill or loss of useLandlord may provide same in accordance with the Tenant Consent Form attached hereto. Landlord and Landlord’s Agent, in each caseaddition, however occurringshall not be liable under any circumstances of Tenant(s)’ failure to provide Landlord with prompt notice of any such conditions existing in the Dwelling Unit, or on the Dwelling Unit, or on the Premises. Tenant(s) hereby release Landlord and Landlord’s Agent from any and all such liability and to indemnify Landlord and Landlord’s Agent for such losses, with respect to Tenant(s), and all invitees of Tenant(s).

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and any future owner of privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Project only with respect to events occurring during its Premises except for obligations already accrued and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue, provided that Landlord's successor in interest has assumed Landlord's obligations under this Lease from the Project for recovery date of any judgment against Landlord arising in connection with this Lease, it being agreed that neither succession. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectPremises, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Premises, the net proceeds from any sale of the Premises by Landlord, the insurance proceeds from any casualty at the Premises, and the proceeds from any condemnation of the Premises for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. No such Landlord will have liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this Lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)Lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It To the fullest extent permitted by applicable Law, during the Term: (a) Tenant is expressly understood and agreed that shall be deemed to be in exclusive control and possession of the obligations Premises; and (b) none of Landlord or any of its Affiliates shall be liable for any injury or damage to (i) any property of Tenant or any other Person occurring on or about the Premises, or (ii) any Person occurring on or about the Premises, unless caused by Landlord's willful misconduct, gross negligence or breach of this Lease; provided, however, that notwithstanding whether the injury or damage is caused by any act or failure to act of any Indemnitee, neither Landlord, nor any Indemnitee shall have any liability for any injury or damage for which Xxxxxx would have been reimbursed under policies of insurance required by the terms of this Lease to be maintained by Tenant (I) had Tenant not failed to procure or maintain such policies of insurance or (II) has Tenant not failed to procure or maintain such policies of insurance with at least the limits herein specified. Xxxxxxxx's right to enter and inspect the Premises is intended solely to allow Landlord to ascertain whether Tenant is complying with this Lease and (to the extent this Lease allows) to cure any Default. Such provisions shall not impose upon Landlord any liability to third parties, but nothing in this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect construed to events occurring during its and their respective ownership of the Project. In additionexculpate, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, memberrelieve, or officer of Indemnify Landlord from or against any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and : (y) to third parties existing at or before the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present Commencement Date; or future partner of Landlord (if Landlord is a partnership), z) arising from Landlord's intentional acts or trustee omissions or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringnegligence.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued, (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word “LANDLORD” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord (from and after the Commencement Date) nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing shall ever be personally liable for any such judgment. The limitations provisions of liability contained in this Section 29.1 shall inure to Lease or the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employeesPremises, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), in breach or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of default with respect to Landlord’s obligations under this LeaseLease or otherwise (other than defaults occurring prior to the Commencement Date and relating to Landlord’s construction and completion obligations hereunder), Tenant shall look solely to the equity of Landlord in the Property and to any rents, income or proceeds from the Property for the satisfaction of Tenant’s claims. Notwithstanding any contrary provision hereinthe foregoing, neither no mortgagee or ground lessor succeeding to the interest of Landlord nor the Landlord Parties hereunder (either in terms of ownership or possessory rights) shall be (a) liable under any circumstances for any indirect previous act or consequential damages omission of a prior landlord (but shall be subject to any rental offsets relating to acts or omissions of a prior landlord) or (b) bound by any injury amendment of this Lease made without its written consent and made after Tenant shall have been notified of the existence of such mortgage or damage toground lease, or interference with, Tenant’s business, including but not limited to, loss by payment by Tenant of profits, loss Minimum Annual Rent in advance in excess of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that (a) The word “Landlord” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the obligations and liabilities and each of which have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectPremises, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing shall ever be personally liable for any such judgment. The limitations provisions of liability contained in this Section 29.1 shall inure to Lease or the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employeesPremises, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), in breach or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of default with respect to Landlord’s obligations under this LeaseLease or otherwise (except with respect to Landlord’s obligations under Section 28), Tenant shall look solely to the equity of Landlord in the Premises and any proceeds of liability insurance maintained by Landlord pursuant to Section 7(c)(ii), for the satisfaction of Tenant’s claims. Notwithstanding any contrary provision hereinthe foregoing, neither no mortgagee or ground lessor succeeding to the interest of Landlord nor the Landlord Parties hereunder (either in terms of ownership or possessory rights) shall be (a) liable under any circumstances for any indirect previous act or consequential damages omission of a prior landlord, (b) subject to any rental offsets or any injury or damage todefenses against a prior landlord, or interference with, Tenant’s business, including but not limited to, loss (c) liable for payment by Tenant of profits, loss Minimum Rent in advance in excess of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord’s mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as Trustee under an express trust, and it is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the obligations representations, covenants, undertakings and agreements herein made on the part of Landlord under while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that no duty shall be binding rest upon Landlord to sequester the trust estate or the rents, issues and its successors profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and assigns and that no personal liability or personal responsibility is assumed by nor shall at any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additiontime be asserted or enforceable against Trustee, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor or any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, membertrustee, or officer of any of the foregoing shall ever be personally liable for beneficiaries under said trust, on account of this Lease or on account of any such judgment. The limitations representation, covenant, undertaking or agreement of liability contained the said Landlord in this Section 29.1 shall inure to the benefit of Landlord’s Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and the Landlord Parties’ present released by Tenant herein and future partnersby all persons claiming by, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assignsthrough or under said Xxxxxx. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.Impossible Kicks /International Plaza/03/21/23 S33 COMMON AREA CHARGE

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectPremises, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Premises for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It Tenant, for and in consideration of this Lease and the demise of the said premises, hereby agrees and covenants with Landlord that Landlord shall not be liable for any damage to persons or property arising from any cause whatsoever, which shall occur in any manner in or about the said premises, and Tenant hereby agrees to indemnify and save harm-less Landlord from any and all claims and liability for damage to persons or property arising from any cause due to tenant or tenant's employees and business invitees intentional or negligent acts, which shall occur in any manner in or about the said premises. Further, Tenant hereby agrees and covenants with Landlord that Landlord shall not be liable for any damage to the said demised premises, or to any part thereof, or to any property or effects therein or thereon, caused by leakage from the roof of said premises or by bursting, leakage, or overflowing of any waste pipes, water pipes, tanks, drains, or stationary washstands or by reason of any damage whatsoever caused by water from any source whatsoever, and Tenant hereby agrees and covenants to indemnify and save harmless Landlord from any and all claims and liability for any damage to the said demised premises, or to any part thereof, or to any personal property or effects of theTenant therein or thereon. Furthermore it is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss their own intentional acts and acts of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringnegligence.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued. Tenant shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s successor in interest in for the Project performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or exemplary damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; and if Tenant shall ever be personally liable for any recover a money judgment against Landlord, such judgment. The limitations judgment shall satisfied solely out of liability contained the right, title and interest of Landlord in this Section 29.1 shall inure to the benefit Property, including, without implied limitation, all rents, insurance, condemnation or other proceeds in Landlord’s possession from and after the date of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations default under this Lease. Notwithstanding , for the satisfaction of any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringclaim by Tenant against Landlord.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely 10 Landlord's successor in interest for the performance of the Project only with respect to events occurring during its covenants and their respective ownership obligations of the ProjectLandlord hereunder which thereafter shall accrue. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise. Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood (a) The word "Landlord" in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant's Security Deposit or Interim Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner performance of the Project, nor any partner, shareholder, member, or officer of any covenants and obligations of the foregoing Landlord hereunder which subsequently accrue. Notwithstanding the foregoing, Landlord's successor shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of the covenants and obligations that occurred prior to the transfer of the Property to the extent that (A) the breach of any covenant or obligation is expressly set forth with specificity in an estoppel certificate from Tenant to such successor Landlord in connection with the transfer of the Property (which estoppel certificate shall be requested by Landlord in connection with every such transfer); and (B) for the reconciliation of Operating Expenses as set forth in Section 6 hereof. In addition to the foregoing, Landlord shall use commercially reasonable efforts, at no expense to Landlord’s , to obtain from its successor Landlord agreement to assume all of the obligations and liabilities of the predecessor Landlord under this LeaseLease with respect to any claims by Tenant. Notwithstanding any contrary provision hereinNothing contained in the foregoing, neither however, shall obligate Landlord nor the to use commercially reasonable efforts to assign liability to such successor Landlord Parties shall be liable under any circumstances for any indirect claims that are covered by Landlord's insurance hereunder. Tenant shall look solely to the equity of Landlord in the Property (including any insurance proceeds, condemnation awards and rents with respect thereto or consequential therefrom) for the satisfaction of any claim by Tenant against Landlord. With respect to any claim made by Tenant against a Landlord, such "equity of Landlord" in the Property shall include the net sale proceeds of the transfer of the Property actually received by Landlord. (b) If Landlord shall breach or fail to perform or observe any term or condition in this Lease contained on Landlord's part to be performed or observed within thirty (30) days after receipt of written notice from Tenant specifying such breach or failure (or, if such breach or failure shall reasonably take more than thirty (30) days to cure, Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), Tenant may, at Tenant's option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such breach or failure, but only if such breach or failure is creating a material impairment to the operation of Tenant's business at the Premises. Tenant may cure any such breach or failure as aforesaid prior to the expiration of said cure period, without notice to Landlord, if an emergency situation exists but solely if the curing of such breach or failure prior to the expiration of said cure period is necessary to protect the Premises or Tenant's interest therein or to prevent injury or damage toto persons or property. Landlord shall reimburse Tenant for any amounts reasonably incurred by Tenant in connection with any such cure within thirty (30) days of Tenant's written demand therefor. If any Mortgagee shall have given prior notice to Tenant that it is the holder of a Mortgage on the Premises and such notice includes the address at which notices to such Mortgagee are to be sent or Tenant is a party with any such Mortgagee to a subordination and nondisturbance agreement that includes Mortgagee's address, or interference withTenant agrees to give such Mortgagee notice simultaneously with any notice given to Landlord to correct any default of Landlord as hereinabove provided and agrees that such Mortgagee shall have the right, Tenant’s business, including but not limited tothe obligation, loss to cure such default on behalf of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringLandlord. 25.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed by Tenant that the obligations none of Landlord’s covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord, and any liability of Landlord for damages or breach or nonperformance by Landlord or otherwise arising under or in connection with this Lease or the relationship of Landlord and Tenant hereunder, shall be binding upon Landlord and its successors and assigns and any future owner collectible only out of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery Property (or if Landlord is the beneficiary of a land trust, Landlord’s right, title and interest in such land trust), in each case as the same may then be encumbered (so long as any judgment loan is to a lender that is not an Affiliate of Landlord), and no personal liability is assumed by, nor at any time may be asserted against, Landlord, its members or its other owners, direct or remote, all such liability, if any, being expressly waived and released by Tenant. The limitations of liability of Landlord contained in this Article shall apply equally to and inure to the benefit of the Landlord Protected Parties (as defined in Paragraph 11(b) above). Tenant further expressly understands and agrees that if any instrument involving the Building is executed by Landlord’s agent (“Landlord’s Agent”) on behalf of Landlord, then Landlord’s Agent executes such instrument, not in its own right but solely as Landlord’s Agent and that nothing in this Lease shall be construed as creating any liability whatsoever against Landlord arising such Landlord’s Agent, its owners, direct and remote, and their respective directors, officers or employees and in connection with this Leaseparticular, without limiting the generality of the foregoing, there shall be no liability of Landlord’s Agent to pay any indebtedness or sum accruing thereunder, or to perform any covenant or agreement whether expressed or implied therein contained, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringsole responsibility therefor.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Property, the Building or the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, if applicable, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectin interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Anything in this Lease to the contrary notwithstanding, covenants, undertakings and agreements herein made on the part of Landlord are made and intended not as personal covenants, undertakings and agreements or for the purpose of binding Landlord personally or the assets of Landlord, except Landlord’s interest in the Project Property, but are made and intended for recovery the purpose of any judgment against Landlord arising binding only Landlord’s interest in connection with this Leasethe Property, it being agreed that neither as the same may from time to time be encumbered. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, officers, employees, heirs, successors legal representatives, successors, and assigns. Under no circumstances , whether disclosed or undisclosed, shall have any present personal liability with respect to any of the provisions of this Lease or future partner the Premises; Tenant shall look solely to the equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as [ILLEGIBLE] its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges [ILLEGIBLE] would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, [ILLEGIBLE] have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, [ILLEGIBLE] any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon [ILLEGIBLE] such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for performance of the Project for recovery covenants and obligations of any judgment against the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of [ILLEGIBLE] liability with respect to any of the foregoing shall ever be personally liable for any such judgment. The limitations provisions of liability contained in this Section 29.1 shall inure to lease or the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employeesPremises, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), in breach or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of default [ILLEGIBLE] respect to Landlord’s 's obligations under this Leaselease or otherwise, Tenant shall look solely to the equity of Landlord [ILLEGIBLE] Property for the satisfaction of Tenant's claims. Notwithstanding any contrary provision hereinthe foregoing, neither no mortgage or ground [ILLEGIBLE] succeeding to the interest of Landlord nor the Landlord Parties hereunder (either in terms of ownership or possessory rights) shall be (a) liable under any circumstances for previous act or omission of a prior landlord. (b) subject to any indirect rental offsets or consequential damages or defenses against a prior landlord, (c) bound by any injury or damage toamendment of this lease made without its written consent, or interference with, Tenant’s business, including but not limited to, loss by payment by Tenant of profits, loss [ILLEGIBLE] Annual Rent in advance in excess of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, if applicable, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Anything in this Lease to the contrary notwithstanding, covenants, undertakings and agreements herein made on the part of Landlord are made and intended not as personal covenants, undertakings and agreements or for the purpose of binding Landlord personally or the assets of Landlord, except Landlord’s interest in the Project Property, but are made and intended for recovery the purpose of any judgment against Landlord arising binding only Landlord’s interest in connection with this Leasethe Property, it being agreed that neither as the same may from time to time be encumbered. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, officers, employees, heirs, successors legal representatives, successors, and assigns. Under no circumstances , whether disclosed or undisclosed, shall have any present personal liability with respect to any of the provisions of this Lease or future partner the Premises; Tenant shall look solely to the equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord’s mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as Trustee under an express trust, and it is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the obligations representations, covenants, undertakings and agreements herein made on the part of Landlord under while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that no duty shall be binding rest upon Landlord to sequester the trust estate or the rents, issues and its successors profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and assigns and that no personal liability or personal responsibility is assumed by nor shall at any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additiontime be asserted or enforceable against Trustee, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor or any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, membertrustee, or officer of any of the foregoing shall ever be personally liable for beneficiaries under said trust, on account of this Lease or on account of any such judgment. The limitations representation, covenant, undertaking or agreement of liability contained the said Landlord in this Section 29.1 shall inure to the benefit of Landlord’s Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and the Landlord Parties’ present released by Tenant herein and future partnersby all persons claiming by, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present through or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringsaid Xxxxxx.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the The obligations of Landlord under the Lease, as amended by this Lease Amendment, shall not be binding upon Landlord and named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent Landlord) of its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery Building or the land upon which it is erected, as the case may be, and in the event of any judgment against such sale, conveyance, assignment or transfer, Landlord arising in connection with this shall thereafter be and hereby is entirely freed of all covenants and obligations of Landlord under the Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgmentas amended by this Amendment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future members, partners, beneficiaries, officersshareholders, directors, trusteesofficers and principals, shareholdersdirect and indirect, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)collectively, or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability the “Parties”) shall not be liable for the performance of Landlord’s obligations under the Lease, as amended by this Amendment. Tenant shall look solely to Landlord to enforce Landlord’s obligations and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord’s obligations under the Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties as amended by this Amendment, shall be liable limited to Landlord’s interest in the Building and the Land upon which the Building is erected, and Tenant shall not look to any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s obligations under any circumstances for any indirect or consequential damages or any injury or damage tothe Lease, as amended by this Amendment, or interference with, Tenantto satisfy a judgment for Landlord’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringfailure to perform such obligations.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that Except with respect to the obligations of Landlord under this Lease pursuant to the Environmental Agreement and Sections 7.6 and 9.1 hereof, Tenant shall be binding upon Landlord deemed to be in exclusive control and its successors and assigns and any future owner possession of the Project only with respect to events occurring Premises during its and their respective ownership of the ProjectTerm as provided in this Restated Lease. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever not be personally liable for any such judgment. The limitations injury or damage to any Property or to any Person occurring on or about any Property nor for any injury or damage to any property of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)Tenant, or trustee of any other person, during the Term, unless caused by Landlord’s, the Leemilt’s Lessor’s, the Power Test Lessor’s, or beneficiary (if Landlord the Gettymart Lessor’s wrongful acts and/or omissions or any partner acts of Landlord is negligence or a trust), have any liability for the performance breach of Landlord’s obligations under this Restated Lease either by Landlord, the Leemilt’s Lessor, the Power Test Lessor, the Gettymart Lessor or any of their respective agents, employees, contractors, licensees or invitees. The provisions of this Restated Lease permitting Landlord to enter and inspect any Property are intended to allow Landlord to be informed as to whether Tenant is complying with the agreements, terms, covenants and conditions of this Restated Lease, and to the extent permitted by this Restated Lease, to perform such acts required by Landlord under this Restated Lease and of Tenant if Tenant shall fail to perform. Notwithstanding Such provisions shall not be construed to impose upon Landlord any contrary provision hereinobligation, neither Landlord nor the Landlord Parties liability or duty to third parties, but nothing in this Restated Lease shall be liable construed to exculpate, relieve or Indemnify Landlord from or against any obligation, liability or duty of Landlord to third parties existing at or before the applicable Commencement Date or its obligations arising under any circumstances for any indirect Sections 7.6 or consequential damages 9.1 hereof or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringthe Environmental Agreement.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord s obligations under this lease or otherwise, Tenant shall ever took solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest provided that Landlord or such transferee provides Tenant with respect to events occurring during its written notice of such transfer) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)prior landlord, or trustee (b) subject to any rental offsets or beneficiary (if Landlord or any partner of Landlord is defenses against a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringprior landlord.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word "Landlord" in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant's Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the nature of the default and Landlord fails to cure the default within thirty (30) days following receipt of Tenant's written notice, provided, however, if the default cannot reasonably be cured within thirty (30) days following Tenant's notice, Landlord shall be afforded additional reasonable time to cure the default but only if Landlord begins to cure the default within thirty (30) days following Tenant's notice and continues diligently in good faith to completely cure the default as promptly as reasonably practicable. If Landlord does not cure a default within the prescribed period, Tenant shall be entitled to cure the default on Landlord’s interest behalf, and Landlord shall thereafter reimburse Tenant for Tenant’s reasonable out of pocket costs incurred in the Project curing such default. Such reimbursement shall be paid by Landlord to Tenant within thirty (30) days following Tenant’s delivery to Landlord of a written request therefor accompanied by invoices and other documentation reasonably required by Landlord evidencing such out of pocket costs. Tenant shall not be entitled to set off any amounts owed by Landlord against Rent due hereunder. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit equity of Landlord’s Landlord in the Property (and the Landlord Parties’ present profits and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall proceeds resulting from any present or future partner sale of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord the Premises or any partner insurance proceeds or condemnation awards or payments in lieu thereof resulting from casualty or condemnation of Landlord is a trust), have any liability the Property) for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord’s mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as Trustee under an express trust, and it is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the obligations representations, covenants, undertakings and agreements herein made on the part of Landlord under while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that no duty shall be binding rest upon Landlord to sequester the trust estate or the rents, issues and its successors profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and assigns and that no personal liability or personal responsibility is assumed by nor shall at any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additiontime be asserted or enforceable against Trustee, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor or any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, membertrustee, or officer of any of the foregoing shall ever be personally liable for beneficiaries under said trust, on account of this Lease or on account of any such judgment. The limitations representation, covenant, undertaking or agreement of liability contained the said Landlord in this Section 29.1 shall inure to the benefit of Landlord’s Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and the Landlord Parties’ present released by Tenant herein and future partnersby all persons claiming by, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assignsthrough or under said Texxxx. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.Impossible Kicks /Xxxxxxx Center/03/22/23 S36 COMMON AREA CHARGE

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had, had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, and/or rent paid in advance, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of successor in interest, provided the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest expressly assumes such liability). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project default and Landlord fails to cure the default within a reasonable period of time following Tenant’s notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word “Landlord” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and as to any future owner unapplied portion of the Project only with respect Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing shall ever be personally liable for any such judgment. The limitations provisions of liability contained in this Section 29.1 shall inure to lease or the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employeesPremises, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), in breach or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of default with respect to Landlord’s obligations under this Leaselease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant’s claims. Notwithstanding any contrary provision hereinthe foregoing, neither no mortgagee or ground lessor succeeding to the interest of Landlord nor the Landlord Parties hereunder (either in terms of ownership or possessory rights) shall be (a) liable under any circumstances for any indirect previous act or consequential damages omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any injury or damage toamendment of this lease made without its written consent, or interference with, Tenant’s business, including but not limited to, loss by payment by Tenant of profits, loss Minimum Annual Rent in advance in excess of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It The obligations of the holder of Landlord’s interest under the Lease, as amended by this Amendment, arising after any transfer shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent Landlord) of its interest in the Building or the land upon which it is expressly understood erected, as the case may be, to the extent such obligations accrue from and agreed after the date of such sale, conveyance, assignment or transfer, Landlord’s interest under the Lease was assumed by such subsequent Landlord and in the event of any such sale, except to the extent that the such liability results from Landlord’s fraudulent acts, conveyance, assignment or transfer, Landlord shall thereafter be and hereby is entirely freed of all such obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgmentas amended by this Amendment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future members, partners, beneficiaries, officersshareholders, directors, trusteesofficers and principals, shareholdersdirect and indirect, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)collectively, or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability the “Parties”) shall not be liable for the performance of Landlord’s obligations under the Lease, as amended by this Amendment. Tenant shall look solely to Landlord to enforce Landlord’s obligations and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord’s obligations under the Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties as amended by this Amendment, shall be liable limited to Landlord’s interest in the Building and the Land upon which the Building is erected or proceeds thereof (including, without limitation, proceeds of a sale or refinancing of Landlord’s interest in the Real Property, casualty insurance proceeds, and condemnation awards), and Tenant shall not look to any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s obligations under any circumstances for any indirect or consequential damages or any injury or damage tothe Lease, as amended by this Amendment, or interference with, Tenantto satisfy a judgment for Landlord’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringfailure to perform such obligations.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same obligations, rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued, provided such successor assumes Landlord’s obligations under this Lease after the date of transfer of title (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall he relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Lxxxxxxx’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. In no event shall Landlord be binding upon liable to Tenant for any loss of business or profits or for consequential, punitive or special damages of any kind. Neither Landlord and its successors and assigns and nor any future principal of Landlord nor any owner of the Project only Property, whether disclosed or undisclosed, shall have any personal liability with respect to events occurring during its and their respective ownership any of the Project. In addition, Tenant provisions of this Lease or the Premises and Txxxxx agrees to look solely to Landlord’s interest insurance and equity in and proceeds from the Project real and personal property associated with the Property for recovery the satisfaction of any judgment claim Tenant may have against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall I look solely to Landlord’s Landlords successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease (and, in case Landlord shall be binding upon Landlord a joint venture, partnership, tenancy-in-common association or other form of joint ownership) and its successors and assigns and the members of any future such joint venture, partnership, tenancy-in-common, association or other form of joint ownership shall have absolutely no personal liability with respect to any provision of this Lease, or any obligation or liability arising therefrom or in connection therewith. Tenant shall look solely to the equity of the then owner of the Project only with respect to events occurring during its and their respective ownership Demised Premises in the Demised Premises (or if the interest of the Project. In additionLandlord is a leasehold interest, Tenant agrees to shall look solely to Landlord’s interest such leasehold interest) for the satisfaction of any remedies of Tenant in the Project for recovery event of any judgment against a breach by the Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of its obligations. Such exculpation of liability shall be absolute and without any exception whatsoever. With respect to any provision of this Lease which provides, in effect, that Landlord shall not unreasonably withhold or unreasonably delay any consent or any approval, Tenant, in no event, shall be entitled to make, nor shall Tenant make, any claim for, and Tenant hereby waives any claim for money damages; nor shall Tenant claim any money damages by way of setoff, counterclaim or defense, based upon any claim or assertion 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 any such provision, or for specific performance, injunction or declaratory judgment. All property (whether real, personal or mixed) at any time located in or upon the foregoing Demised Premises shall ever be personally at the risk of the Tenant only, and Landlord shall not become liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure damage to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present said property or future partner of Landlord (if Landlord is a partnership)to Tenant, or trustee to any other person or beneficiary (if Landlord property, caused by water leakage, steam, sewerage, gas or odors or for any damage whatsoever done or occasioned by or from any boiler, plumbing, gas, water, steam or other pipes, or any partner of Landlord is a trust)fixtures or equipment or appurtenances whatsoever, have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances or for any indirect damage arising from any act or consequential damages neglect or arising by reason of the use of, or any injury defect in, the Demised Premises or damage toany of the fixtures, equipment or appurtenances therein contained, or interference with, Tenant’s business, including but not limited to, loss by the act or neglect of profits, loss of rents any other person or caused in any other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringmanner whatsoever.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s real property interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, member or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring. In no event shall Landlord be liable for punitive damages.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word "Landlord" in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant's Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the Project default and Landlord fails to cure the default within a reasonable period following Tenant's written notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Premises for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord’s mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as Trustee under an express trust, and it is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the obligations representations, covenants, undertakings and agreements herein made on the part of Landlord under while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that no duty shall be binding rest upon Landlord to sequester the trust estate or the rents, issues and its successors profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and assigns and that no personal liability or personal responsibility is assumed by nor shall at any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additiontime be asserted or enforceable against Trustee, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor or any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, membertrustee, or officer of any of the foregoing shall ever be personally liable for beneficiaries under said trust, on account of this Lease or on account of any such judgment. The limitations representation, covenant, undertaking or agreement of liability contained the said Landlord in this Section 29.1 shall inure to the benefit of Landlord’s Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and the Landlord Parties’ present released by Tenant herein and future partnersby all persons claiming by, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assignsthrough or under said Xxxxxx. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.S33 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s 's interest in the Project (and any cash and other personal property assets of Landlord, including rents and insurance proceeds then held by Landlord) for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s 's and the Landlord Parties’ ' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s 's obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s 's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the The obligations of Landlord under the Lease, as amended by this Lease Amendment, shall not be binding upon the Person (as hereinafter defined) that constitutes Landlord initially after the sale, conveyance, assignment or transfer by such Person of its interest in the Building or the building project, as the case may be (or upon any other Person that constitutes Landlord after the sale, conveyance, assignment or transfer by such Person of its interest in the Building or the building project, as the case may be), to the extent such obligations accrue from and its successors and assigns and any future owner after the date of such sale, conveyance, assignment or transfer. The Landlord Parties (as such term is defined in Article 21 of the Project only with respect to events occurring during its and their respective ownership Lease) other than Landlord shall not be liable for the performance of Landlord's obligations under the ProjectLease, as amended by this Amendment. In addition, Tenant agrees to shall look solely to Landlord to enforce Landlord's obligations under the Lease, as amended by this Amendment, and shall not seek any damages against any of the other Landlord Parties. The liability of Landlord for Landlord's obligations under the Lease, as amended by this Amendment, shall be limited to Landlord's interest in the building project and the proceeds thereof. Tenant shall not look to any property or assets of Landlord (other than Landlord’s interest in the Project for recovery of any judgment against Landlord arising building project and the proceeds thereof) in connection with this seeking either to enforce Landlord's obligations under the Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, memberas amended hereby, or officer of any of the foregoing shall ever be personally liable to satisfy a judgment for any Landlord's failure to perform such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringobligations.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. For purposes hereof, “the interest of Landlord in the Building” shall include rents due from tenants, proceeds from any sale of the Project, insurance proceeds, and proceeds from condemnation or eminent domain proceedings (prior to the distribution of same to any member, partner or shareholder of Landlord or any other third party). The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any personal liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises, except for obligations already accrued (whether known or unknown at the time such person or entity ceases to hold title to the Premises), and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest. In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for recovery any loss of any judgment against Landlord arising in connection with this Lease, it being agreed that neither business or profits of Tenant. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease 16 QB\129138.00037\24864053.9 or the Premises. Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner interest of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of --------------------- Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s Landlords successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlords obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the Project default and Landlord fails to cure such default within thirty (30) days following Tenant’s written notice; provided, however, if such default cannot reasonably be cured within thirty (30) days following Tenant’s giving of notice, Landlord shall be afforded additional reasonable time to cure the default if Landlord begins to cure the default within thirty (30) days following Tenant’s notice and continues diligently in good faith to completely cure the default. In addition, should Landlord fail or refuse to make any required repairs which are Landlord’s responsibility hereunder within thirty (30) days after Landlord’s receipt of written notice from Tenant (provided, however, if such required repairs cannot be reasonably made within thirty (30) days following Tenant’s giving of notice, Landlord shall be afforded additional reasonable time to make such required repairs, provided that Landlord commences to make such required repairs within such thirty (30) day period and actively and diligently in good faith prosecutes such required repairs to completion), then Tenant may deliver written notice thereof to Landlord (“Reminder Notice”). The Reminder Notice must specifically describe the action that is required of Landlord to satisfy the requirements of this Lease with respect to the Premises and specify that Tenant may exercise the rights granted under this Section 24 if Landlord fails to cure or commence to cure the specified items within five (5) days after receipt of the Reminder Notice. Notwithstanding the foregoing, if Landlord’s failure or refusal to make any required repairs to the Premises results in an imminent material threat to persons or property, Tenant’s initial notice shall so state and shall specify that Tenant may exercise the rights granted under this Section 24 if Landlord fails to timely cure or commence to cure the specified items (an “Imminent Threat Notice”). If reasonable under the circumstances, Tenant may provide an Imminent Threat Notice by telephone. If (a) Landlord fails to take or commence to take (and diligently pursue to completion) the required action within five (5) days after receiving a Reminder Notice, or within such time as is reasonable given the totality of the circumstances after an Imminent Threat Notice, and (b) Tenant in good faith believes that it can perform such obligations, then Tenant may, subject to the terms of this Section 24, make such repairs to the Premises (but solely on its own behalf, and not as the agent of Landlord). Tenant may not take any such self-help action that materially and adversely alters or modifies the Building structure (other than roof repairs to stop leakage) or Building Systems. Landlord shall reimburse Tenant for recovery Tenant’s reasonable, third-party, out-of-pocket costs and expenses in taking any self-help action permitted hereunder (“Cure Costs”) within thirty (30) days after receiving an invoice from Tenant setting forth a reasonably particularized breakdown of any judgment against the Cure Costs. If Landlord arising fails to reimburse Tenant for the Cure Costs within such thirty (30) day period, then, notwithstanding anything to the contrary contained in connection with this Lease, it being agreed Tenant may offset (on a dollar-for-dollar basis) the Cure Costs against the next installment(s) of Minimum Annual Rent until reimbursed in full; provided, however that neither the maximum monthly offset shall not exceed fifty percent (50%) of the monthly installment of Minimum Annual Rent then payable hereunder. All repairs made by Tenant pursuant to this Section 24 shall comply with the Lease Requirements. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectPremises, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit amount of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Premises and all proceeds derived therefrom for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord unless specifically provided for in this Section 29.1 shall inure lease or unless (and only to the benefit of Landlord’s and extent that) the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present default giving rise to the defense or future partner of Landlord (if Landlord offset is a partnership)continuing, or trustee or beneficiary (if Landlord or c) bound by any partner amendment of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage tolease made without its written consent, or interference with, Tenant’s business, including but not limited to, loss by payment by Tenant of profits, loss Minimum Annual Rent in advance in excess of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenants Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest in for the Project performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord Any such person or entity. whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s Landlords successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued, (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenaxx'x xlaims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word "LANDLORD" in this Lease includes the Landlord executing this Lease as well as its transferees, successors and agreed assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, provided that the any such transferee, successor or assign has assumed Landlord's obligations of Landlord and covenants under this Lease. . Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant's Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project default and Landlord fails to cure the default within a reasonable period following Tenant's notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the The obligations of Landlord under the Lease, as amended by this Lease Amendment, shall not be binding upon Landlord and named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent Landlord) of its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in the Project for recovery Building or the land upon which it is erected, as the case may be, and in the event of any judgment against such sale, conveyance, assignment or transfer to the extent assumed by any such subsequent Landlord, Landlord arising in connection with this shall thereafter be and hereby is entirely freed of all covenants and obligations of Landlord under the Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgmentas amended by this Amendment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future members, partners, beneficiaries, officersshareholders, directors, trusteesofficers and principals, shareholdersdirect and indirect, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)collectively, or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability the “Parties”) shall not be liable for the performance of Landlord’s obligations under the Lease, as amended by this Amendment. Tenant shall look solely to Landlord to enforce Landlord’s obligations and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord’s obligations under the Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties as amended by this Amendment, shall be liable limited to Landlord’s interest in the Building and the Land upon which the Building is erected, and Tenant shall not look to any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord’s obligations under any circumstances for any indirect or consequential damages or any injury or damage tothe Lease, as amended by this Amendment, or interference with, Tenantto satisfy a judgment for Landlord’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringfailure to perform such obligations.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease shall be binding upon Landlord and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant Xxxxxx agrees to look solely to Landlord’s Xxxxxxxx's interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. For purposes hereof, “the interest of Landlord in the Project” shall include rents due from tenants, proceeds from any sale of the Project, insurance proceeds, and proceeds from condemnation or eminent domain proceedings (prior to the distribution of same to any partner or shareholder of Landlord or any other third party). The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s 's and the Landlord Parties’ ' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s Xxxxxxxx's obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties nor Tenant shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s the other party's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringoccurring except, in the case of Tenant, with respect to Tenant's liability under Article 31 or Article 33; provided that Tenant hereby acknowledges and agrees that the foregoing shall not prevent Landlord from recovering any and all damages to which Landlord is entitled pursuant to California Civil Code Sections 1951.2 (except for Section 1951.2(a)(4) , but only to the extent Section 1951.2(a)(4) allows recovery of damages other than direct out-of-pocket costs to repair the Premises and lease the Premises) and 1951.4 following an Event of Default by Tenant hereunder.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project for recovery default and Landlord fails to cure the default within thirty (30) days following Tenant’s notice, provided, however, if the default cannot reasonably be cured within thirty (30) days following Tenant’s giving of any judgment against notice, Landlord arising shall be afforded additional reasonable time. Except as otherwise expressly provided in connection with this Lease, it being agreed that neither in no event shall either party be liable to the other party for any loss of business or profits or for consequential, punitive or special damages of any kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing shall ever be personally liable for provisions of this Lease or the Premises; provided, however, any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit claim by Tenant against Landlord as a result of Landlord’s default shall be limited to and satisfied solely from the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for in the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringProperty.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that (subject to Section 18(d) above) assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant's Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the nature of the default and Landlord fails to cure the default within thirty (30) days following receipt of Tenant's written notice, provided, however, if the default cannot reasonably be cured within thirty (30) days following Tenant's notice, Landlord shall be afforded additional reasonable time to cure the default but only if Landlord begins to cure the default within thirty (30) days following Tenant's notice and continues diligently in good faith to completely cure the default as promptly as reasonably practicable. If Landlord does not cure a default within the prescribed period, Tenant shall be entitled to cure the default on Landlord’s interest behalf, and Landlord shall thereafter reimburse Tenant for Tenant’s reasonable out of pocket costs incurred in the Project curing such default. Such reimbursement shall be paid by Landlord to Tenant within thirty (30) days following Tenant’s delivery to Landlord of a written request therefor accompanied by invoices and other documentation reasonably required by Landlord evidencing such out of pocket costs. Tenant shall not be entitled to set off any amounts owed by Landlord against Rent due hereunder. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectPremises, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit equity of Landlord’s Landlord in the Premises (and the Landlord Parties’ present profits and future partners, beneficiaries, officers, directors, trustees, shareholders, agents proceeds resulting from any sale of the Premises) and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present insurance proceeds or future partner of Landlord (if Landlord is a partnership), condemnation awards or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability payments in lieu thereof with respect to the Premises for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood Except for the willful criminal acts of Landlord, Tenant shall look solely to (i) the estate and agreed that property of the obligations Landlord in the Project, (ii) the rents and other income (including, without limitation, insurance proceeds payable to Landlord) from the Project receivable by Landlord, and (iii) the consideration received by Landlord from the sale of all or any part of the Project, for the collection of any judgment, or in connection with any other judicial process, requiring the payment of money by Landlord in the event of any default by Landlord with respect to any of the terms, covenants and conditions of this Lease to be observed and performed by Landlord, and no other property or estates of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of Tenant’s remedies and rights under this Lease. The provisions of this Section 42 are not designed to relieve Landlord from the performance of any of its obligations hereunder, but rather to limit Landlord’s liability in the case of a recovery of a money judgment against Landlord. The foregoing limitation shall not apply to or limit any injunctive or other equitable declaratory or other forms of relief to which Tenant may be entitled. The word “Landlord” as used in this Lease shall be binding upon Landlord and its successors and assigns and any future mean only the owner from time to time of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, Tenant agrees to look solely to Landlord’s interest in this Lease. In the Project for recovery event of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit assignment of Landlord’s interest in this Lease at any time following Substantial Completion, the assignor (and the Landlord Parties’ present and future partnersall prior assignor landlords, beneficiaries, officers, directors, trustees, shareholders, agents and employeesif this Lease has been assigned prior to Substantial Completion) shall no longer be liable for, and their respective partnersshall be deemed to be released from, heirs, successors and assigns. Under no circumstances shall the performance or observation of any present agreements or future partner conditions on the part of Landlord (if Landlord is a partnership), to be performed or trustee or beneficiary (if Landlord or any partner observed subsequent to the effective date of Landlord is a trust), have any liability for such assignment provided the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringassignee specifically assumes all such obligations.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities, and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor(s) in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project default and Landlord fails to cure the default within a reasonable period following such notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive, or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had if it originally signed this lease as Landlord. Any such person or entity, whether or not named herein shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. No mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained a prior landlord, (b) subject to any rental offsets, except as provided herein or (c) bound by payment by Tenant of Minimum Annual Rent in this Section 29.1 shall inure to the benefit advance in excess of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word “Landlord” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s Landlords successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlords obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenants claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessor)’ rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained in a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership)lease made without its written consent, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue and for the curing of defaults by Landlord which are continuing at the time such successor in interest succeeds to Landlord’s interest under this Lease. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable look solely to the equity of Landlord in the Property for the satisfaction of any such judgmentclaim by Tenant against Landlord. The limitations of liability contained Nothing in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties paragraph shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringconstrued to preclude Tenant from obtaining equitable relief against Landlord.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the Project default and Landlord fails to cure the default within thirty (30) days following Tenant’s giving of notice; provided, however, if the default cannot be reasonably cured within thirty (30) days following Tenant’s giving of notice, Landlord shall be afforded additional reasonable time to cure the default if Landlord begins to cure the default within thirty (30) days following Landlord’s notice and continues diligently in good faith to completely cure the default.. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability in the Property for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood To the extent permitted by law Landlord, and agreed that the obligations in case Landlord or Landlord’s beneficiary shall be a joint venture, partnership, tenancy-in-common, pension fund, association or other form of Landlord under joint ownership, all members of any such joint venture, pension fund, partnership, tenancy-in-common, association or other form of joint ownership, shall have no personal liability with respect to any provision of this Lease or any obligation or liability arising from this Lease or in connection with this Lease in the event of a breach or default by Landlord of any of its obligations. Tenant shall be binding upon Landlord and its successors and assigns and any future look solely to the equity of the owner of the Project only with respect to events occurring during its and their respective ownership Building at the time of the Projectbreach or default (or if the interest of the Landlord is a leasehold interest at that time, Tenant shall look solely to such leasehold interest) for the satisfaction of any remedies of Tenant. In additionthe event of the transfer and assignment by Landlord of its interest in this lease and in the building containing the Premises (other than an assignment to a lender having a first lien mortgage covering the Building containing the Premises), if such successor in interest of Landlord acknowledges to Tenant acceptance of the Landlord’s and Guarantor’s obligations hereunder, Landlord shall thereby be released from any further obligations hereunder, and Tenant agrees to look solely to Landlordsuch successor in interest of the Landlord for performance of such obligations. Any security given by Tenant to secure performance of Tenant’s interest obligations hereunder shall be assigned and transferred by Landlord to such successor in the Project for recovery interest, with reasonable notice to Tenant, and Landlord shall thereby be discharged of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s further obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringrelating thereto.

LIABILITY OF LANDLORD. 29.1 It If Landlord shall fail to perform any covenant, tern or condition of this Lease upon Landlord's part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord's mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as Trustee under an express trust, and it is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the obligations representations, covenants, undertakings and agreements herein made on the part of the Landlord under while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that no duty shall be binding rest upon Landlord to sequester the trust estate or the rents, issues and its successors profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and assigns and that no personal liability or personal responsibility is assumed by nor shall at any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additiontime be asserted or enforceable against Trustee, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor or any successor trustee or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for beneficiaries under said trust, on account of this Lease or on account of any such judgment. The limitations representation, covenant, undertaking or agreement of liability contained the said Landlord in this Section 29.1 shall inure to Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by the benefit of Landlord’s Tenant herein and the Landlord Parties’ present and future partnersby all persons claiming by, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present through or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, said Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The term "Landlord" as used in this Lease, so far as covenants or agreements on the obligations part of Landlord are concerned, shall be limited to mean and include only the owner or owners of Landlord's interest in this Lease at the time in question, and in the event of any transfer or transfers of such interest Landlord herein named (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 as respects the performance of any covenants or agreements on the part of Landlord contained in this Lease thereafter to be performed. If Landlord shall fail to perform or observe any term, covenant, condition or obligation required to be performed or observed by it under this Lease shall be binding upon Landlord Lease, and its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additionif Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees to that it shall look solely to Landlord’s 's right, title and interest in and to the Project Building for recovery the collection of such judgment, that being the sole asset to which Tenant may look for payment of any judgment against Landlord arising in connection with this Leasesuch judgment; and Tenant agrees that no other assets of Landlord, it being agreed wherever situated, shall be subject to levy, execution or other process for the satisfaction of Tenant's judgment. Tenant further agrees that neither Landlord nor any successor of the managers, members, partners, agents, representatives, or assign employees of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.deficiency

LIABILITY OF LANDLORD. 29.1 It If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord’s mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as Trustee under an express trust, and it is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the obligations representations, covenants, undertakings and agreements herein made on the part of Landlord under while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that no duty shall be binding rest upon Landlord to sequester the trust estate or the rents, issues and its successors profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and assigns and that no personal liability or personal responsibility is assumed by nor shall at any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additiontime be asserted or enforceable against Trustee, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor or any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, membertrustee, or officer of any of the foregoing shall ever be personally liable for beneficiaries under said trust, on account of this Lease or on account of any such judgment. The limitations representation, covenant, undertaking or agreement of liability contained the said Landlord in this Section 29.1 shall inure to the benefit of Landlord’s Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and the Landlord Parties’ present released by Tenant herein and future partnersby all persons claiming by, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assignsthrough or under said Xxxxxx. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.Impossible Kicks /The Mall at Green Hills/03/21/23 S33 COMMON AREA CHARGE

LIABILITY OF LANDLORD. 29.1 It If Landlord shall fail to perform any covenant, terr~ or condition of this Lease upon Landlord's part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord's mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as Trustee under an express trust, and it is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the obligations representations, covenants, undertakings and agreements herein made on the part of the Landlord under while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that no duty shall be binding rest upon Landlord to sequester the trust estate or the rents, issues and its successors profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and assigns and that no personal liability or personal responsibility is assumed by nor shall at any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additiontime be asserted or enforceable against Trustee, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor or any successor trustee or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for beneficiaries under said trust, on account of this Lease or on account of any such judgment. The limitations representation, covenant, undertaking or agreement of liability contained the said Landlord in this Section 29.1 shall inure to Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by the benefit of Landlord’s Tenant herein and the Landlord Parties’ present and future partnersby all persons claiming by, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present through or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, said Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord's part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Development and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Development, subject, nevertheless, to the rights of Landlord's mortgage, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as Trustee under an express trust, and it is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the obligations representations, covenants, undertakings and agreements herein made on the part of the Landlord under while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that no duty shall be binding rest upon Landlord to sequester the trust estate or the rents, issues and its successors profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and assigns and that no personal liability or personal responsibility is assumed by nor shall at any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In additiontime be asserted or enforceable against Trustee, Tenant agrees to look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor or any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, membertrustee, or officer of any of the foregoing shall ever be personally liable for beneficiaries under said trust, on account of this Lease or on account of any such judgment. The limitations representation, covenant, undertaking or agreement of liability contained the said Landlord in this Section 29.1 shall inure to Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by the benefit of Landlord’s Tenant herein and the Landlord Parties’ present and future partnersby all persons claiming by, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present through or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, said Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word “Landlord” as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and any future owner of privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Project only with respect to events occurring during its Premises except for obligations already accrued and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s successor-in-interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectPremises, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing shall ever be personally liable for any such judgment. The limitations provisions of liability contained in this Section 29.1 shall inure to Lease or the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employeesPremises, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), in breach or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of default with respect to Landlord’s obligations under this LeaseLease or otherwise, Tenant may offset its actual damages against any Rent obligations hereunder, but otherwise shall look solely to the equity of Landlord (which, for purposes hereof, shall include rents and proceeds (including sales proceeds and insurance proceeds) of any kind or nature derived from the Property or any part thereof) in the Premises for the satisfaction of Tenants claims. Notwithstanding any contrary provision hereinthe foregoing, neither no mortgagee or ground lessor succeeding to the interest of Landlord nor the Landlord Parties hereunder (either in terms of ownership or possessory rights) shall be (a) liable under any circumstances for any indirect previous act or consequential damages omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any injury or damage toamendment of this Lease made without its written consent, or interference with, Tenant’s business, including but not limited to, loss by payment by Tenant of profits, loss Annual Rent in advance in excess of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "Landlord" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall ever look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. No mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any such judgment. The limitations previous act or omission of liability contained a prior landlord, (b) subject to any rental offsets, except as provided herein or (c) bound by payment by Tenant of Minimum Annual Rent in this Section 29.1 shall inure to the benefit advance in excess of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Xxxxxxxx’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently (i.e., after the date of any transfer of Xxxxxxxx’s interest in this Lease) accrue, provided that Xxxxxxxx’s successor has agreed that in writing to assume the obligations of Landlord hereunder from and after the date of such transfer. Landlord shall not be deemed to be in default under this Lease shall be binding upon unless Tenant gives Landlord written notice specifying the default and its successors and assigns and any future owner of Landlord fails to cure the Project only with respect to events occurring during its and their respective ownership of the Projectdefault within a reasonable period following Tenant’s written notice. In additionno event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, Tenant agrees to look solely to Landlord’s interest in the Project for recovery punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner equity of Landlord in the Building for the satisfaction of any claim by Tenant against Landlord (if Landlord is a partnership)which shall be deemed to include the rental income at the Building, or trustee or beneficiary (if Landlord the proceeds of any sale of all or any partner portion of the Building by Landlord is a trustas well as any insurance or condemnation proceeds), have any liability for the performance of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

LIABILITY OF LANDLORD. 29.1 It is expressly understood and agreed that The word "LANDLORD" as used herein includes the obligations of Landlord under this Lease shall be binding upon Landlord and named above as well as its successors and assigns assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any future owner unapplied portion of the Project only with respect Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to events occurring during its successor in interest) and their respective ownership of the Project. In addition, Tenant agrees to shall look solely to Landlord’s 's successor in interest in for the Project for recovery performance of any judgment against the covenants and obligations of the Landlord arising in connection with this Lease, it being agreed that neither hereunder which thereafter shall accrue. Neither Landlord (from and after the Commencement Date) nor any successor or assign principal of Landlord nor any future owner of the ProjectProperty, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this Lease or otherwise (other than defaults occurring prior to the Commencement Date and relating to Landlord's construction and completion obligations hereunder), Tenant shall ever look solely to the equity of Landlord in the Property and to any rents, income or proceeds from the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be personally (a) liable for any previous act or omission of a prior landlord (but shall be subject to any rental offsets relating to acts or omissions of a prior landlord) or (b) bound by any amendment of this Lease made without its written consent and made after Tenant shall have been notified of the existence of such judgment. The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present mortgage or future partner of Landlord (if Landlord is a partnership)ground lease, or trustee or beneficiary (if Landlord or any partner by payment by Tenant of Landlord is a trust), have any liability for the performance Minimum Annual Rent in advance in excess of Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringone monthly installment.

LIABILITY OF LANDLORD. 29.1 It is expressly understood (a) The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and agreed that assigns, each of which shall have the obligations of Landlord same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall transfer such portion to its successor in interest and thereafter Landlord shall be binding relieved of all liability upon Landlord and transfer of such portion to its successors and assigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Projectsuccessor in interest). In addition, Tenant agrees to shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the Project default and Landlord fails to cure the default within a reasonable period following Tenant’s written notice. In no event shall Landlord be liable to Tenant for recovery any loss of business or profits of Tenant or for consequential, punitive or special damages of any judgment against Landlord arising in connection with this Lease, it being agreed that neither kind. Neither Landlord nor any successor or assign principal of Landlord nor any future owner of the ProjectPremises, nor whether disclosed or undisclosed, shall have any partner, shareholder, member, or officer of personal liability with respect to any of the foregoing provisions of this Lease or the Premises; Tenant shall ever be personally liable for any such judgment. The limitations of liability contained in this Section 29.1 shall inure look solely to the benefit equity of Landlord’s Landlord in the Premises (and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability proceeds thereof) for the performance satisfaction of any claim by Tenant against Landlord’s obligations under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.