Common use of LIABILITY OF LANDLORD Clause in Contracts

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property (including, without limitation, rents, condemnation awards, insurance and sale proceeds) 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" “Landlord” as used herein includes the Landlord named above 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 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 unapplied portion of Tenant's ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the PropertyProperty other than Landlord, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no No mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any an amendment of this lease Lease made without its written consent, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 Notwithstanding anything contained in 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 Lease to the Premises except for obligations already accrued (andcontrary, as to any 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 Xxxxxx agrees that it shall look solely to Landlord's successor in interest for the performance of the covenants estate and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal property of Landlord nor in the building of which the Demised Premises is a part, subject to prior rights of any owner mortgagee or trustee of the Property, whether disclosed for the collection of any judgment (or undisclosed, shall have other judicial process) requiring the payment of money by Landlord in the event of any personal liability default or breach by Landlord with respect to any of the provisions terms, covenants and conditions of this lease or the Premises, Lease to be observed and/or performed by Landlord and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity no other assets of Landlord in the Property shall be subject to levy, execution or other procedures for the satisfaction of Xxxxxx's remedies. In the event Landlord transfers this Lease, except as collateral security for a loan, upon such transfer Landlord will be released from all liability and obligations hereunder, provided that the transferee assumes the obligations of this Lease. All Tenant's claims. Notwithstanding property of every kind and description which may at any time be in the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) Demised Premises shall be kept at Tenant's sole risk, and Landlord shall not (aexcept in the case of Landlord's negligence and through no fault of Tenant) be liable to Tenant, its agents, employees or customers, for any previous act damage, loss, compensation, accident, or omission claims whatsoever resulting to Tenant or its property from the necessity of a prior landlord, (b) subject to repairing any rental offsets portion of the Building or defenses against a prior landlord or (c) bound by property; any amendment interruption in the use of the Property; termination of this lease made without its written consentLease by reason of the destruction of the Property; any fire, robbery, theft, or by payment by Tenant any other casualty; any leakage in any part or portion of Minimum Annual Rent in advance in excess the Property; any water, wind, rain or snow that may leak into, or flow from part of one monthly installmentthe Property; any acts or omissions of any occupant of any space adjacent to or adjoining all or any part of the Demised Premises or any part of the building of which the Demised Premises are a part; any explosion, casualty, utility failure or malfunction, or falling plaster; the bursting, stoppage or leakage of any pipes, sewer pipes, drains, conduits, appliances or plumbing works; or any other cause whatsoever.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes 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 named above as well as its successors and assignsParties concerning, each arising out 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 relating to any unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of matter relating to this Lease and all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor conditions or any principal of Landlord nor any owner of the Propertyobligations, whether disclosed contractual, statutory, or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this lease or the Premises, and if Landlord an amount which is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely equal to the equity lesser of (i) the interest of Landlord in and to the Project (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 the satisfaction of Tenant's claims’s remedies under or with respect to this Lease, Landlord’s obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant’s use or occupancy of the Premises. Tenant further understands that any liability, duty or obligation of Landlord to Tenant which accrues from and after the date of transfer, shall automatically cease and terminate as of the date that Landlord or any of Landlord’s Representatives no longer have any right, title or interest in or to the Project. Notwithstanding the foregoingany contrary provision herein, no mortgagee or ground lessor succeeding to the interest of neither Landlord hereunder (either in terms of ownership or possessory rights) nor any Landlord Representative shall be (a) liable under any circumstances for any previous act injury or omission of 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 consentdamage to, or by payment by Tenant interference with, Tenant’s business, including but not limited to, loss of Minimum Annual Rent profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in advance in excess of one monthly installmenteach case, however occurring.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 Notwithstanding anything in 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 Lease to the Premises except contrary, any remedy of Tenant for obligations already accrued the collection of a judgment (andor other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, as cause of action, obligation, contractual statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of matter relating to this Lease and all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor conditions or any principal of Landlord nor any owner of the Propertyobligations, whether disclosed contractual, statutory, or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this lease or the Premises, and if Landlord an amount which is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely equal to the equity lesser of (i) the interest of Landlord 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 subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's claimsremedies under or with respect to this Lease, Landlord's obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant's use or occupancy of the Premises. Tenant further understands that any liability, duty or obligation of Landlord to Tenant shall automatically cease and terminate as of the date that Landlord or any of Landlord's Representatives no longer have any right, title or interest in or to the Project. Notwithstanding the foregoingany contrary provision herein, no mortgagee or ground lessor succeeding to the interest of neither Landlord hereunder (either in terms of ownership or possessory rights) nor any Landlord Representative shall be (a) liable under any circumstances for any previous act injury or omission of 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 consentdamage to, or by payment by Tenant interference with, Tenant's business, including but not limited to, loss of Minimum Annual Rent profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in advance in excess of one monthly installmenteach case, however occurring.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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, consent or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 Notwithstanding anything in 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 Lease to the Premises except contrary, any remedy of Tenant for obligations already accrued the collection of a judgment (andor other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, as cause of action or obligation, contractual, statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of matter relating to this Lease and all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor conditions or any principal of Landlord nor any owner of the Propertyobligations, whether disclosed contractual, statutory, or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this lease or the Premises, and if Landlord an amount which is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely equal to the equity lesser of (i) the interest of Landlord in and to the Property 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 Project. No other property or assets of Landlord, or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord (the "REPRESENTATIVE") shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's claimsremedies under or with respect to this Lease, Landlord's obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant's use or occupancy of the Premises. Tenant further understands that any liability, duty or obligation of Landlord to Tenant, shall automatically cease and terminate as of the date that Landlord or any of Landlord's Representatives no longer have any right, title or interest in or to the Project. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding anything to the interest of contrary in this Lease, Landlord hereunder (either in terms of ownership shall not be liable under any circumstances for injury or possessory rights) shall be (a) liable for any previous act or omission of 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 consentdamage to, or by payment by Tenant interference with, Tenant's business, including but not limited to, loss of Minimum Annual Rent profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in advance in excess of one monthly installmenteach case, however occurring.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the --------------------- Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the --------------------- Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" “Landlord” as used herein includes the Landlord named above 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 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 unapplied portion of Tenant's ’s Security Deposit, Landlord shall be relieved of all liability therefor therefore upon transfer of such portion to its successor in interest) and Tenant 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. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises, and if Landlord is in breach or default with respect to Landlord's ’s obligations under this lease Lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's ’s claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of the Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease Lease made without its written consent, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" “Landlord” as used herein includes the Landlord named above 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 herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant's ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's ’s obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's ’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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest) ), provided its successor assumes the obligations of Landlord hereunder. Upon such assignment and assumption, Tenant shall look solely to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Subject to Section 9(c), Landlord shall accruenot be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the 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 any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes Except for the Landlord named above as well as its successors and assignswillful criminal acts of Landlord, 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 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 to Landlord's successor in interest for (i) the performance of the covenants estate and obligations property of the Landlord hereunder which thereafter shall accrue. Neither 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 nor from the sale of all or any principal of Landlord nor any owner part of the PropertyProject, whether disclosed for the collection of any judgment, or undisclosedin connection with any other judicial process, shall have requiring the payment of money by Landlord in the event of any personal liability default by Landlord with respect to any of the provisions terms, covenants and conditions of this lease or the PremisesLease to be observed and performed by Landlord, and if Landlord is in breach no other property or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity estates of Landlord in the Property shall be subject to levy, execution or other enforcement procedures for the satisfaction of Tenant's claims’s remedies and rights under this Lease. Notwithstanding The provisions of this Section 42 are not designed to relieve Landlord from the foregoingperformance 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 mean only the owner from time to time of Landlord’s interest in this Lease. In the event of any assignment of Landlord’s interest in this Lease at any time following Substantial Completion, the assignor (and all prior assignor landlords, if this Lease has been assigned prior to Substantial Completion) shall no mortgagee longer be liable for, and shall be deemed to be released from, the performance or ground lessor succeeding observation of any agreements or conditions on the part of Landlord to be performed or observed subsequent to the interest effective date of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of 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 advance in excess of one monthly installmentsuch assignment provided the assignee specifically assumes all such obligations.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability Except with respect to any the obligations of Landlord pursuant to the Environmental Agreement and Sections 7.6 and 9.1 hereof, Tenant shall be deemed to be in exclusive control and possession of the provisions Premises during the Term as provided in this Restated Lease. Landlord shall not be liable for any 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 this lease Tenant, or of any other person, during the Term, unless caused by Landlord's or the Premises, and if Landlord is in Power Test Lessor's wrongful acts and/or omissions or acts of negligence or a breach or default with respect to of Landlord's obligations under this lease Restated Lease either by Landlord or otherwisethe 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 look solely fail to the equity perform. Such provisions shall not be construed to impose upon Landlord any obligation, liability or duty to third parties, but nothing in this Restated Lease shall be construed to exculpate, relieve or Indemnify Landlord from or against any obligation, liability or duty of Landlord in to third parties existing at or before the Property for applicable Commencement Date or its obligations arising under Sections 7.6 or 9.1 hereof or 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installmentEnvironmental Agreement.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes Notwithstanding anything to the Landlord named above 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 contrary herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (andneither Landlord, as to any 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal director, employee, officer, trustee or direct or indirect beneficial owner of Landlord nor or of any owner parent or other affiliate of the PropertyLandlord or any of their respective directors, whether disclosed employees, officers or undisclosed, trustees shall have any personal liability with respect to any of the provisions provision of this lease Lease, or any obligation or liability arising hereunder or in connection herewith and none of their assets (other than the Demised Premises) shall be subject to levy, and if Landlord is in breach execution or default with respect to Landlord's obligations under this lease or otherwise, other judicial process for the satisfaction of Tenant’s claims. Tenant shall look solely to the equity of Landlord the then owner of the Demised Premises in the Property Demised Premises (or if the interest of the Landlord is a leasehold interest, Tenant shall look solely to such leasehold interest) for the satisfaction of Tenant's claimsany remedies of Tenant in the event of a breach by the Landlord of any of its obligations. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest Such exculpation of Landlord hereunder (either in terms of ownership or possessory rights) 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 Xxxxxx’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance, injunction or declaratory judgment. All property (awhether real, personal or mixed) at any time located in or upon the Demised Premises shall be at the risk of the Tenant only, and Landlord shall not become liable for any previous damage to said property or to Tenant, or to any other person or 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 fixtures or equipment or appurtenances whatsoever, or for any damage arising from any act or omission neglect or arising by reason of a prior landlordthe use of, (b) subject to or any rental offsets defect in, the Demised Premises or defenses against a prior landlord any of the fixtures, equipment or (c) bound by any amendment of this lease made without its written consentappurtenances therein contained, or by payment by Tenant the act or neglect of Minimum Annual Rent any other person or caused in advance in excess of one monthly installmentany other manner whatsoever.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 Landlord shall be relieved fail to perform any covenant, term or condition of all liability therefor this Lease upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect part to any of the provisions of this lease or the Premisesbe performed, and if Landlord is in breach or as a consequence of such default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to recover a money judgment against Landlord, such judgment shall be satisfied only out of the equity proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Property for Development and out of net income from such property received by Landlord, or out of the satisfaction consideration received by Landlord from the sale or other disposition of Tenantall or any part of Landlord's claims. Notwithstanding right, title and interest in the foregoingDevelopment, no mortgagee or ground lessor succeeding subject, nevertheless, to the interest 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 hereunder is Trustee (either in terms of ownership or possessory rights) if applicable), shall be (a) liable for any previous act 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 representations, covenants, undertakings and agreements herein made on the part of the Landlord 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 omission for the purpose or with the intention of a prior landlordbinding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, (b) subject 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 rest upon Landlord to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any rental offsets sale or defenses other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against a prior landlord Trustee, or (c) bound by any amendment successor trustee, or any of the beneficiaries under said trust, on account of this lease made without its written consentLease or on account of any representation, covenant, undertaking or agreement of the said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by payment the Tenant herein and by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentall persons claiming by, through or under said Tenant.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no No mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord offsets, except as provided herein or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's Xxxxxxxx’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently (i.e., after the date of any transfer of Xxxxxxxx’s interest in this Lease) accrue, provided that Xxxxxxxx’s successor has agreed in writing to assume the obligations of Landlord hereunder from and after the date of such transfer. Landlord shall accruenot be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the 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 any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property Building for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of any claim by Tenant against Landlord hereunder (either in terms of ownership or possessory rights) which shall be (a) liable for deemed to include the rental income at the Building, the proceeds of any previous act sale of all or omission any portion of a prior landlord, (b) subject to the Building by Landlord as well as any rental offsets insurance 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 advance in excess of one monthly installmentcondemnation proceeds).

LIABILITY OF LANDLORD. The word "LANDLORD" obligations of Landlord under the Lease, as used herein includes the amended by this Amendment, shall not be binding upon Landlord named above as well as 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, each of interest in the Building or the land upon 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 (andis erected, as to the case may be, and in the event of any unapplied portion of Tenant's Security Depositsuch sale, conveyance, assignment or transfer, Landlord shall thereafter be relieved and hereby is entirely freed of all liability therefor upon transfer covenants and obligations of such portion to its successor in interestLandlord under the Lease, as amended by this Amendment. The members, partners, shareholders, directors, officers and principals, direct and indirect, of Landlord (collectively, the “Parties”) and 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 successor in interest for the performance of the covenants ’s obligations and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor not seek any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to damages against any of the provisions Parties. The liability of Landlord for Landlord’s obligations under the Lease, as amended by this lease Amendment, shall be 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 Premises, and if Landlord is property or assets of any of the Parties in breach or default with respect seeking either to enforce Landlord's ’s obligations under the Lease, as amended by this lease or otherwise, Tenant shall 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 (a) liable for any previous act or omission of 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 consentAmendment, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentto satisfy a judgment for Landlord’s failure to perform such obligations.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above as well as (a) Tenant covenants and agrees to exonerate, indemnify, defend, protect and save Landlord, its successors employees, officers and assigns, each of which shall have the same rights, remedies, powers, authorities servants 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 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 to Landlord's successor in interest for the performance Agent, harmless from and against any and all claims, actions, demands, expenses, costs, charges, obligations, penalties, orders, judgments, liabilities, losses, suits and damages which may be imposed upon, incurred by or asserted against them or any one of the covenants and obligations them by reason of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor (i) any principal of Landlord nor any owner of the Property, whether disclosed accident or undisclosed, shall have any personal liability with respect to any of the provisions of this lease or matter occurring on the Premises, and if Landlord is in breach causing injury to persons (including loss of life) or default with respect damage to property (including but not limited to the Premises), unless such accident or other matter resulted from Landlord's breach of this Lease or the negligence or otherwise tortious act of Landlord, its employees, officers and servants or Landlord's agent, (ii) the failure of Tenant to fully and faithfully perform its obligations under hereunder and to comply with the conditions of this lease Lease, (iii) the negligence or otherwiseotherwise tortious act of Tenant, its employees, servants, officers, agents, contractors, invitees, licensees, or visitors or anyone in or about the Lot, the Building or the Leased Premises on behalf or at the invitation or right of Tenant, and (iv) the use, occupancy or maintenance of the Leased Premises. If any such action or proceeding is brought against Landlord, its employees, servants or officers, or against Landlord's Agent, by reason of any such claim, Tenant shall look solely to the equity of (i) defend such action or proceeding upon written notice from Landlord, with counsel approved by Landlord in the Property for the satisfaction of Tenantwriting, which approval shall not be unreasonably withheld, and (ii) further indemnify, defend and save Landlord, its employees, servants and officers, and Landlord's claims. Notwithstanding the foregoingAgent harmless from and against all costs, no mortgagee expenses, counsel fees, liabilities, orders and judgments incurred or ground lessor succeeding to the interest of Landlord hereunder (either rendered in terms of ownership or possessory rights) shall be (a) liable for about any previous act such action or omission of 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 advance in excess of one monthly installmentproceeding.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord'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 date of succession. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 look solely to the equity of Landlord in the Property 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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 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 notice, Landlord shall be afforded additional reasonable time. Except as otherwise expressly provided in this Lease, 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 principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises; provided, however, any claim by Tenant against Landlord as a result of Landlord’s default shall be limited to and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look satisfied solely to from 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installmentProperty.

LIABILITY OF LANDLORD. (a) The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’s Security Deposit, Landlord shall transfer such portion to its successor in interest and thereafter Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest) and ). Tenant shall look solely to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the 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 any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property Premises (and the proceeds thereof) 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant's Tenants 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein in this Lease includes the Landlord named above executing this Lease as well as its transferees, 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 Lease as Landlord, provided that any such transferee, successor or assign has assumed Landlord's obligations and covenants under this Lease. . Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and ). Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" obligations of Landlord under the Lease, as used herein includes the amended by this Amendment, shall not be binding upon Landlord named above 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 erected, as well as its successors the case may be, and assignsin the event of any such sale, each of which shall have the same rightsconveyance, remedies, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person assignment or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title transfer to the Premises except for obligations already accrued (and, as to extent assumed by any unapplied portion of Tenant's Security Depositsuch subsequent Landlord, Landlord shall thereafter be relieved and hereby is entirely freed of all liability therefor upon transfer covenants and obligations of such portion to its successor in interestLandlord under the Lease, as amended by this Amendment. The members, partners, shareholders, directors, officers and principals, direct and indirect, of Landlord (collectively, the “Parties”) and 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 successor in interest for the performance of the covenants ’s obligations and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor not seek any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to damages against any of the provisions Parties. The liability of Landlord for Landlord’s obligations under the Lease, as amended by this lease Amendment, shall be 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 Premises, and if Landlord is property or assets of any of the Parties in breach or default with respect seeking either to enforce Landlord's ’s obligations under the Lease, as amended by this lease or otherwise, Tenant shall 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 (a) liable for any previous act or omission of 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 consentAmendment, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentto satisfy a judgment for Landlord’s failure to perform such obligations.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 Lease as Landlord. Any No such person or entity, whether or not named herein, shall Landlord will have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease Lease or otherwise, Tenant shall 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 (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease Lease made without its written consent, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "“LANDLORD" ” as used herein includes the Landlord named above 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 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 unapplied portion of Tenant's ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord (from and after the Commencement Date) nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises, and if Landlord is in breach or default with respect to Landlord's ’s obligations under this lease Lease or otherwiseotherwise (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 ’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 (a) liable for any previous act or omission of a prior landlord, landlord (b) but shall be subject to any rental offsets relating to acts or defenses against omissions of a prior landlord landlord) or (cb) bound by any amendment of this lease Lease made without its written consentconsent and made after Tenant shall have been notified of the existence of such mortgage or ground lease, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter 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 accruenot 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. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claimsany claim by Tenant against Landlord. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either Nothing in terms of ownership or possessory rights) this paragraph shall be (a) liable for any previous act or omission of a prior landlord, (b) subject construed to any rental offsets or defenses preclude Tenant from obtaining equitable relief 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 advance in excess of one monthly installmentLandlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the 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 default on its part that results in any emergency or constitutes a threat of imminent damage or injury to persons or property. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property Premises and any insurance proceeds or condemnation awards or payments in lieu thereof with respect to 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and ). Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the 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 any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" “Landlord” as used herein includes the Landlord named above 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 herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant's ’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 to Landlord's Landlords successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's Landlords obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's Tenants claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory possessor)’ rights) shall be (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 Notwithstanding anything in 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 Lease to the Premises except contrary, any remedy of Tenant for obligations already accrued the collection of a judgment (andor other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, as cause of action or obligation, contractual, statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of matter relating to this Lease and all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor conditions or any principal of Landlord nor any owner of the Propertyobligations, whether disclosed contractual, statutory, or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this lease or the Premises, and if Landlord an amount which is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely equal to the equity lesser of (i) the interest of Landlord in and to the Property 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 eighty percent (80%) of the then current value of the Project. No other property or assets of Landlord, or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord (the “Representative”) shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's claims’s remedies under or with respect to this Lease, Landlord’s obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant’s use or occupancy of the Premises. Tenant further understands that any liability, duty or obligation of Landlord to Tenant, shall automatically cease and terminate as of the date that Landlord or any of Landlord’s Representatives no longer have any right, title or interest in or to the Project. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding anything to the interest of contrary in this Lease, Landlord hereunder (either in terms of ownership shall not be liable under any circumstances for injury or possessory rights) shall be (a) liable for any previous act or omission of 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 consentdamage to, or by payment by Tenant interference with, Tenant’s business, including but not limited to, loss of Minimum Annual Rent profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in advance in excess of one monthly installmenteach case, however occurring.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes 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 or the Landlord named above as well as its successors and assignsParties concerning, each arising out 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 relating to any unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of matter relating to this Lease and all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor conditions or any principal of Landlord nor any owner of the Propertyobligations, whether disclosed contractual, statutory, or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this lease or the Premises, and if Landlord an amount which is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely equal to the equity lesser of (i) the interest of Landlord in and to the Property 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 Project. No other property or assets of Landlord or any Landlord Party shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's claimsremedies under or with respect to this Lease, Landlord's obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant's use or occupancy of the Premises. Tenant further understands that any liability, duty or obligation of Landlord to Tenant which accrues from and after the date of transfer, shall automatically cease and terminate as of the date that Landlord or any of Landlord’s Representatives no longer have any right, title or interest in or to the Project. Notwithstanding the foregoingany contrary provision herein, no mortgagee or ground lessor succeeding to the interest of neither Landlord hereunder (either in terms of ownership or possessory rights) nor any Landlord Representative shall be (a) liable under any circumstances for any previous act injury or omission of 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 consentdamage to, or by payment by Tenant interference with, Tenant's business, including but not limited to, loss of Minimum Annual Rent profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in advance in excess of one monthly installmenteach case, however occurring.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. In no event shall accrueLandlord 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 principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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. 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 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 to Landlord's Landlords successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the --------------------- Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's Landlords successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's Landlords obligations under this lease or otherwise, Tenant shall 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the 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 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 the Cure Costs. If Landlord fails to reimburse Tenant for the Cure Costs within such thirty (30) day period, then, notwithstanding anything to the contrary contained in this Lease, 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 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 principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the amount of the equity of Landlord in the Property Premises and all proceeds derived therefrom 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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, in case Landlord shall be relieved a joint venture, partnership, tenancy-in-common association or other form of all liability therefor upon transfer of such portion to its successor in interestjoint ownership) and Tenant shall look solely to Landlord's successor in interest for the performance members of the covenants and obligations any such joint venture, partnership, tenancy-in-common, association or other form of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, joint ownership shall have any absolutely no personal liability with respect to any of the provisions provision of this lease Lease, or the Premises, and if Landlord is any obligation or liability arising therefrom or in breach or default with respect to Landlord's obligations under this lease or otherwise, connection therewith. Tenant shall look solely to the equity of Landlord the then owner of the Demised Premises in the Property Demised Premises (or if the interest of the Landlord is a leasehold interest, Tenant shall look solely to such leasehold interest) for the satisfaction of any remedies of Tenant in the event of a breach by the Landlord 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 claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance, injunction or declaratory judgment. All property (awhether real, personal or mixed) at any time located in or upon the Demised Premises shall be at the risk of the Tenant only, and Landlord shall not become liable for any previous damage to said property or to Tenant, or to any other person or 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 fixtures or equipment or appurtenances whatsoever, or for any damage arising from any act or omission neglect or arising by reason of a prior landlordthe use of, (b) subject to or any rental offsets defect in, the Demised Premises or defenses against a prior landlord any of the fixtures, equipment or (c) bound by any amendment of this lease made without its written consentappurtenances therein contained, or by payment by Tenant the act or neglect of Minimum Annual Rent any other person or caused in advance in excess of one monthly installmentany other manner whatsoever.

LIABILITY OF LANDLORD. The word "LANDLORD" obligations of the holder of Landlord’s interest under the Lease, as used herein includes the amended by this Amendment, arising after any transfer shall not be binding upon Landlord named above 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 erected, as well as its successors and assignsthe case may be, 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 extent such obligations accrue from and 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 for obligations already accrued (andto the extent that such liability results from Landlord’s fraudulent acts, as to any unapplied portion of Tenant's Security Depositconveyance, assignment or transfer, Landlord shall thereafter be relieved and hereby is entirely freed of all liability therefor upon transfer such obligations of such portion to its successor in interestLandlord under the Lease, as amended by this Amendment. The members, partners, shareholders, directors, officers and principals, direct and indirect, of Landlord (collectively, the “Parties”) and 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 successor in interest for the performance of the covenants ’s obligations and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor not seek any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to damages against any of the provisions Parties. The liability of Landlord for Landlord’s obligations under the Lease, as amended by this lease Amendment, shall be 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 Premises, and if Landlord is property or assets of any of the Parties in breach or default with respect seeking either to enforce Landlord's ’s obligations under the Lease, as amended by this lease or otherwise, Tenant shall 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 (a) liable for any previous act or omission of 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 consentAmendment, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentto satisfy a judgment for Landlord’s failure to perform such obligations.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 Landlord shall be relieved of all liability therefor upon transfer of such portion fail to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor perform any principal of Landlord nor any owner of the Propertycovenant, whether disclosed term or undisclosed, shall have any personal liability with respect to any of the provisions condition of this lease or the PremisesLease upon Landlord’s part to be performed, and if Landlord is in breach or as a consequence of such default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to recover a money judgment against Landlord, such judgment shall be satisfied only out of the equity proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Property for Shopping Center and out of net income from such property received by Landlord, or out of the satisfaction consideration received by Landlord from the sale or other disposition of Tenant's claims. Notwithstanding all or any part of Landlord’s right, title and interest in the foregoingShopping Center, no mortgagee or ground lessor succeeding subject, nevertheless, to the interest 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 hereunder is Trustee (either in terms of ownership or possessory rights) if applicable), shall be (a) liable for any previous act 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 representations, covenants, undertakings and agreements herein made on the part of Landlord 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 omission for the purpose or with the intention of a prior landlordbinding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, (b) subject 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 rest upon Landlord to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any rental offsets sale or defenses other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against a prior landlord Trustee, or (c) bound by any amendment successor trustee, or any of the beneficiaries under said trust, on account of this lease made without its written consentLease or on account of any representation, covenant, undertaking or by payment agreement of the said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.herein and by all persons claiming by, through or under said Xxxxxx. S33 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above as well as [ILLEGIBLE] its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it [ILLEGIBLE] would have had it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, shall [ILLEGIBLE] have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to [ILLEGIBLE] any unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of [ILLEGIBLE] such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal [ILLEGIBLE] liability with respect to any of the provisions of this lease or the Premises, and if Landlord is in breach or default with [ILLEGIBLE] respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the [ILLEGIBLE] Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee mortgage or ground lessor [ILLEGIBLE] succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of a prior landlord, . (b) subject to any rental offsets or defenses against a prior landlord or landlord, (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant of Minimum [ILLEGIBLE] Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 look solely to the equity of Landlord in the Property for the satisfaction of TenantXxxxxx'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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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 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 any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above executing this Lease as well as its successors and (subject to Section 18(d) above) assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and ). Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter 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 behalf, and Landlord shall thereafter reimburse Tenant for Tenant’s reasonable out of pocket costs incurred in 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 any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property Premises (and the profits and proceeds resulting from any sale of the Premises) and any insurance proceeds or condemnation awards or payments in lieu thereof with respect to 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes 29.1 It is expressly understood and agreed that the obligations of Landlord named above as well as under this Lease shall be binding upon Landlord and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, 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 Tenant agrees 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall 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 interest 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 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 of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 otherwiseLease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties nor Tenant shall look solely be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, 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 occurring 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 equity extent Section 1951.2(a)(4) allows recovery of Landlord in damages other than direct out-of-pocket costs to repair the Property for Premises and lease the satisfaction Premises) and 1951.4 following an Event 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 (a) liable for any previous act or omission of 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 Default by Tenant of Minimum Annual Rent in advance in excess of one monthly installmenthereunder.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes To the Landlord named above as well as its successors fullest extent permitted by applicable Law, during the Term: (a) Tenant is 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 herein, shall have no liability hereunder 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 deemed to be in exclusive control and possession of all liability therefor upon transfer the Premises; and (b) none of such portion Landlord or any of its Affiliates shall be liable for any injury or damage to its successor in interest(i) and any property of Tenant shall look solely to 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 successor in interest for willful misconduct, gross negligence or breach of this Lease; provided, however, that notwithstanding whether the performance injury or damage is caused by any act or failure to act of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord any Indemnitee, neither Landlord, nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, Indemnitee shall have any personal liability with respect to for any injury or damage for which Xxxxxx would have been reimbursed under policies of insurance required by the provisions terms of this lease 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 Premiseslimits 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, and if but nothing in this Lease shall be construed to exculpate, relieve, or Indemnify Landlord is in breach from or default with respect against any liability of Landlord: (y) to third parties existing at or before the Commencement Date; or (z) arising from Landlord's obligations under this lease intentional acts or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee omissions or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of 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 advance in excess of one monthly installmentnegligence.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder under this Lease after it ceases to hold title to the Premises 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease 16 QB\129138.00037\24864053.9 or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, . Tenant shall look solely to the equity interest 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 if it originally signed this lease as Landlord. Any such person or entity, whether or not named herein, herein shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no No mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord offsets, except as provided herein or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" 15.1 Landlord, its employees and agents shall not be liable to Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoever (except as used herein includes otherwise provided in this Section), including without limitation the Landlord named above as well as its successors and assignsfollowing: repair to any portion of the Premises or the Building; temporary interruption in the use of the Premises or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, 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 Tenant or any other person or entity) of elevators or heating, whether cooling, electrical, sewerage or not named herein, shall have no liability hereunder after it ceases to hold title plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises except for obligations already accrued (andor the Building; any fire, as robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; temporary failure or inability to furnish any unapplied portion service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant's Security Depositagent for such purpose and not as Landlord's agent. Notwithstanding the foregoing provisions of this Section, Landlord shall not be relieved of all released from liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely for any physical injury to any natural person or damage to Tenant's property caused by Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed gross negligence or undisclosed, shall have any personal liability with respect to any of the 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 look solely willful misconduct to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee extent such injury or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be damage is not covered by insurance (a) carried by Tenant or such person, or (b) required by this Lease to be carried by Tenant; provided, however, that Landlord shall not under any circumstances be liable for any previous act consequential or omission of 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 advance in excess of one monthly installmentindirect damages.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord unless specifically provided for in this lease or unless (and only to the extent that) the default giving rise to the defense or offset is continuing, or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder after it ceases to hold title Except to the Premises except for obligations already accrued (andextent resulting from the willful misconduct or gross negligence of Landlord, as to any unapplied portion of Tenant's Security Depositits agents, representatives, contractors, vendors, employees or invitees, Landlord shall not be relieved liable to Tenant in any manner whatsoever for failure or delay in furnishing any service provided for in this Lease, and no such failure or delay to furnish any service or services by Landlord shall be an actual or constructive eviction of Tenant, nor shall any such event entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease or the prompt and punctual performance of each and all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations to be performed herein by Tenant, or impose any liability upon Landlord by reason of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal inconvenience to Tenant, or interruption of Landlord nor any owner of the PropertyTenant’s business, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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, nor shall Landlord be liable to Tenant shall look solely for damage to the equity of Landlord person or property caused by defects in the Property cooling, heating, electric, water, elevator or other apparatus or systems, or by water discharged from sprinkler systems, if any, in the Building, nor shall Landlord be liable to Tenant for the satisfaction theft or loss of Tenant's claimsany property of Tenant whether from the Premises or any part of the Building or Project. Notwithstanding the foregoingLandlord agrees to make reasonable efforts to protect Tenant from interference or disturbance by third persons, no mortgagee or ground lessor succeeding to the interest of including other tenants; however, Landlord hereunder (either in terms of ownership or possessory rights) shall not be (a) liable for any previous act such interference or omission disturbance, whether caused by another tenant or tenants or any other person, nor shall Tenant be relieved from any obligation under this Lease because of a prior landlord, (b) subject to any rental offsets such interference or defenses against a prior landlord disturbance. Landlord may comply with voluntary controls or (c) bound guidelines promulgated by any amendment governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this lease made without its written consentLease, provided that the Premises are not thereby rendered untenantable. Notwithstanding any contrary provision herein, Landlord shall not be liable under any circumstances for injury or damage to, or by payment by Tenant interference with, Tenant’s business, including, but not limited to, loss of Minimum Annual Rent profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in advance in excess of one monthly installmenteach case, however occurring.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 Landlord shall be relieved fail to perform any covenant, terr~ or condition of all liability therefor this Lease upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect part to any of the provisions of this lease or the Premisesbe performed, and if Landlord is in breach or as a consequence of such default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to recover a money judgment against Landlord, such judgment shall be satisfied only out of the equity proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Property for Shopping Center and out of net income from such property received by Landlord, or out of the satisfaction consideration received by Landlord from the sale or other disposition of Tenantall or any part of Landlord's claims. Notwithstanding right, title and interest in the foregoingShopping Center, no mortgagee or ground lessor succeeding subject, nevertheless, to the interest 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 hereunder is Trustee (either in terms of ownership or possessory rights) if applicable), shall be (a) liable for any previous act 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 representations, covenants, undertakings and agreements herein made on the part of the Landlord 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 omission for the purpose or with the intention of a prior landlordbinding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, (b) subject 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 rest upon Landlord to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any rental offsets sale or defenses other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against a prior landlord Trustee, or (c) bound by any amendment successor trustee or any of the beneficiaries under said trust, on account of this lease made without its written consentLease or on account of any representation, covenant, undertaking or agreement of the said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by payment the Tenant herein and by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentall persons claiming by, through or under said Tenant.

LIABILITY OF LANDLORD. The word "LANDLORD" “Landlord” as used herein includes the Landlord named above 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 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 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 to Landlord's successor in ’s successor-in-interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises, and if Landlord is in breach or default with respect to Landlord's ’s obligations under this lease Lease 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 Property Premises for the satisfaction of Tenant's Tenants 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 (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease Lease made without its written consent, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes To the extent permitted by law Landlord, and in case Landlord named above as well as its successors and assignsor Landlord’s beneficiary shall be a joint venture, each partnership, tenancy-in-common, pension fund, association or other form of which shall have the same rightsjoint ownership, remediesall members of any such joint venture, powerspension fund, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person partnership, tenancy-in-common, association or entity, whether or not named hereinother form of joint ownership, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions provision of this lease Lease or any obligation or liability arising from this Lease or in connection with this Lease in the Premises, and if Landlord is in event of a breach or default with respect to Landlord's obligations under this lease or otherwise, by Landlord of any of its obligations. Tenant shall look solely to the equity of the owner of the Building at the time of the breach or default (or if the interest of the Landlord in the Property is a leasehold interest at that time, Tenant shall look solely to such leasehold interest) for the satisfaction of any remedies of Tenant's claims. Notwithstanding In the foregoingevent 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), no mortgagee or ground lessor succeeding to the 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 such successor in interest of the Landlord for performance of such obligations. Any security given by Tenant to secure performance of Tenant’s obligations hereunder (either in terms of ownership or possessory rights) shall be (a) liable for assigned and transferred by Landlord to such successor in interest, with reasonable notice to Tenant, and Landlord shall thereby be discharged of any previous act or omission of 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 advance in excess of one monthly installmentfurther obligations relating thereto.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes During the Term: (a) Tenant is and shall be in exclusive control and possession of the Premises; and (b) Landlord named above as well as its successors and assignsshall not be liable for any injury or damage to any property (of Tenant or any other Person) or to any person occurring on or about the Premises, 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 except to the extent caused by Landlord’s willful misconduct or gross negligence. Landlord’s right to enter and inspect the Premises except for obligations already accrued is intended solely to allow Landlord to ascertain whether Tenant is complying with this Lease and (andto the extent this Lease allows) to cure any Default. Such provisions shall not impose upon Landlord any liability to third parties. Nothing in this Lease shall be construed to exculpate, as relieve, or Indemnify Landlord from or against any liability of Landlord: (y) to any unapplied portion third parties existing at or before the Commencement Date; or (z) arising from Landlord’s willful misconduct or gross negligence. In furtherance of Tenant's Security Depositthe foregoing and not by way of limitation, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest) Indemnify Tenant and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 title insurance company insuring the interest of Landlord hereunder (either Tenant in terms the Premises and/or the interest of ownership any Leasehold Mortgagee or possessory rights) shall be (a) liable for Subleasehold Mortgagee against any previous act or omission of a prior landlordand all loss, (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 consentclaim, or damage (including, without limitation, Legal Costs) arising out of the Xxxxx Fargo Claims or the matters that are the subject of the Xxxxx Fargo Claims, including, without limitation, the Leasehold Mortgage by payment by Tenant of Minimum Annual Rent and between Biscayne Landing, LLC and Xxxxx Fargo Bank, N.A., and Foreclosure Action Case No. 2009-34005-CA-10, Xxxxx Fargo Bank, N.A. vs. Biscayne Landing, LLC. Landlord shall provide any title company with such indemnification agreement(s) as the title company shall reasonably require to evidence the Indemnifications set forth in advance in excess of one monthly installmentthe preceding sentence.

LIABILITY OF LANDLORD. The word "Notwithstanding anything to the contrary contained in this Lease, Landlord is not liable to Tenant (or to any person or entity claiming by, through or under Tenant) or to any other person and Tenant hereby waives all claims or loss or damage to Tenant’s business or loss or damage to Tenant’s property, for any injury or damage to person or property due to: (1) the Building or related improvements or appurtenances being out of repair, or defects in or failure of pipes or wiring, or backing up of drains, or the bursting or leaking of pipes, faucets, and plumbing fixtures, or gas, water, steam, electricity, or oil leaking, escaping, or flowing into the Premises, EVEN IF THE SAME IS CAUSED BY THE NEGLIGENCE, OF LANDLORD" as used herein includes , BUT NOT IF CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, (2) any loss or damage caused by the Landlord named above as well as its successors acts or omissions of other tenants in the Building or of any other persons except the authorized employees and assignsagents of Landlord; or (3) any loss or damage to property or person occasioned by theft, each fire, act of which shall have God, public enemy, injunction, riot, insurrection, war, court order, requisition, or order of governmental authority, or any other cause beyond the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease as control of Landlord. Any such person All personal property at the Premises is at the sole risk of Tenant. Further notwithstanding the foregoing or entity, whether or not named herein, shall have no liability hereunder after it ceases to hold title anything else to the Premises except contrary contained in this Lease, the liability of Landlord to Tenant for obligations already accrued (and, as any default or indemnity by Landlord under this Lease is limited to any unapplied portion the interest 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrueBuilding. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have Party (defined below) has any personal liability with respect to for any of the provisions of this lease amounts payable or the Premises, and if obligations performable by Landlord is in breach or default with respect to Landlord's obligations under this lease Lease. In no event shall Landlord or otherwise, any Landlord Party be liable to Tenant shall 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 (a) liable any party claiming though Tenant for any previous act special, consequential or omission of 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 advance in excess of one monthly installmentpunitive damages.

LIABILITY OF LANDLORD. The word "LANDLORD" It is expressly understood and agreed by Tenant that none of Landlord’s covenants, undertakings or agreements are made or intended as used herein includes 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 named above and Tenant hereunder, shall be collectible only out of Landlord’s interest in the 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 well as its successors and assigns, each of which shall have the same rightsmay then be encumbered (so long as any loan is to a lender that is not an Affiliate of Landlord), remediesand no personal liability is assumed by, powersnor at any time may be asserted against, authorities Landlord, its members or its other owners, direct or remote, all such liability, if any, being expressly waived and privileges as it would have had it originally signed released by Tenant. The limitations of liability of Landlord contained in this lease as Landlord. Any such person or entity, whether or not named herein, Article shall have no liability hereunder after it ceases apply equally to hold title and inure 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations benefit of the Landlord hereunder which thereafter 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 accrue. Neither Landlord nor be construed as creating any principal of Landlord nor any owner of the Propertyliability whatsoever against such Landlord’s Agent, whether disclosed or undisclosedits owners, shall have any personal liability with respect to any of the provisions of this lease or the Premisesdirect and remote, and if Landlord is their respective directors, officers or employees and in breach or default with respect to Landlord's obligations under this lease or otherwiseparticular, Tenant shall look solely to without limiting the equity generality 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) there shall be (a) liable for no liability of Landlord’s Agent to pay any previous act indebtedness or omission of 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 consentsum accruing thereunder, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentto perform any covenant or agreement whether expressed or implied therein contained, it being agreed that Landlord shall have sole responsibility therefor.

LIABILITY OF LANDLORD. The word "LANDLORD" obligations of Landlord under the Lease, as used herein includes the Landlord named above 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 amended by this lease as Landlord. Any such person or entity, whether or not named hereinAmendment, shall have no liability hereunder not be binding upon the Person (as hereinafter defined) that constitutes Landlord initially after it ceases to hold title 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 Premises except extent such obligations accrue from and after the date of such sale, conveyance, assignment or transfer. The Landlord Parties (as such term is defined in Article 21 of the Lease) other than Landlord shall not be liable for the performance of Landlord's obligations already accrued (andunder the Lease, as to any 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 amended by this Amendment. Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease or the Premises, and if Landlord is in breach or default with respect to enforce Landlord's obligations under the Lease, as amended by this lease or otherwiseAmendment, 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 solely to the equity any property or assets of Landlord (other than Landlord’s interest in the Property for building project and the satisfaction of Tenantproceeds thereof) in seeking either to enforce Landlord's claims. Notwithstanding obligations under the foregoingLease, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of 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 consentas amended hereby, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentto satisfy a judgment for Landlord's failure to perform such obligations.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 Except for damages arising from 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 unapplied portion of Tenant's Security Depositnegligence, Landlord shall not be relieved liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests, or trespassers for any damage, compensation, or claim arising from (i) the necessity of all liability therefor upon transfer repairing any portion of such portion the Building, (ii) any interruption in the use of the demised premises, (iii) any accident or damage resulting from the use or operation (by Landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical, or plumbing equipment or apparatus, (iv) the termination of this Lease by reason of the destruction of the demised premises, (v) any fire, robbery, theft, criminal act, and/or any other casualty, (vi) any leakage in any part of the demised premises or the Building, or from water, rain, or snow that may leak into, or flow from, any part of the demised premises or the Building, or from drains, pipes, or plumbing work in the Building, or (vii) any other cause whatsoever. Except as and to its successor the extent set forth in interest) and Section 18 hereof, Tenant shall look solely not be entitled to Landlord's successor in interest for the performance any abatement or diminution of the covenants and obligations ease Rent or additional rent as a result of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease foregoing occurrences, nor shall the same release Tenant from its obligation hereunder or constitute an eviction. Any goods, property, or personal effects stored or placed by Tenant in or about the Premises, and if Landlord is in breach demised premises or default with respect to Landlord's obligations under this lease or otherwise, Tenant Building shall look solely to be at the equity of Landlord in the Property for the satisfaction sole risk of Tenant's claims. Notwithstanding the foregoing, no mortgagee Landlord shall not be liable to Tenant for any loss or ground lessor succeeding damage to personal property, or injury to person, whether or not the result of Landlord's negligence, to the interest extent that Tenant is compensated therefor by Tenant's insurance. The employees of Landlord hereunder (either in terms of ownership are prohibited from receiving any packages or possessory rights) other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be (athe agent of Tenant and not of Landlord. Landlord shall not be obligated to provide or maintain any security patrol or security system. However, if Landlord elects to provide such patrol or system, the cost thereof shall be included in Operating Costa as defined in Section 5(c) liable hereof. Landlord shall not be responsible for the quality of any previous act such patrol or omission of a prior landlordsystem which may be provided hereunder or for damage or injury to Tenant, (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 consentemployees, invitees, or by payment by Tenant others due to the failure, action, or inaction of Minimum Annual Rent in advance in excess of one monthly installmentsuch patrol or system.

LIABILITY OF LANDLORD. (a) The word "LANDLORDLandlord" as used herein in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 relieved of all liability therefor upon transfer of such portion to its successor in interest) and ). Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall subsequently accrue. Neither Landlord nor any principal of Landlord nor any owner Notwithstanding the foregoing, Landlord's successor shall have liability for the performance of the Propertycovenants 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, whether disclosed or undisclosedLandlord shall use commercially reasonable efforts, shall have any personal liability at no expense to Landlord, to obtain from its successor Landlord agreement to assume all of the obligations and liabilities of the predecessor Landlord under this Lease with respect to any of claims by Tenant. Nothing contained in the provisions of this lease or the Premisesforegoing, and if however, shall obligate Landlord is in breach or default with respect to use commercially reasonable efforts to assign liability to such successor Landlord for any claims that are covered by Landlord's obligations under this lease or otherwise, 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 therefrom) for the satisfaction of Tenant's claimsany claim by Tenant against Landlord. Notwithstanding With respect to any claim made by Tenant against a Landlord, such "equity of Landlord" in the foregoing, no mortgagee or ground lessor succeeding to Property shall include the interest net sale proceeds of Landlord hereunder (either in terms the transfer of ownership or possessory rights) shall be (a) liable for any previous act or omission of a prior landlord, the Property actually received by Landlord. (b) subject If Landlord shall breach or fail to perform or observe any rental offsets term or defenses against 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 landlord 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 (c) bound by 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 to persons or property. Landlord shall reimburse Tenant for any amendment of this lease made without its written consent, or by payment amounts reasonably incurred by Tenant in connection with any such cure within thirty (30) days of Minimum Annual Rent in advance in excess Tenant's written demand therefor. If any Mortgagee shall have given prior notice to Tenant that it is the holder of one monthly installmenta 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, Tenant 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, but not the obligation, to cure such default on behalf of Landlord. 25.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’s Security Deposit, if applicable, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor successors in interest) and ). Tenant shall look solely to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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 Property, but are made and intended for the purpose of binding only Landlord’s interest in the Property, as the same may from time to time be encumbered. Neither Landlord nor any principal of Landlord nor any owner of the Property, nor any of their respective partners, officers, employees, heirs, legal representatives, successors, and assigns, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "Anything in this lease to the contrary notwithstanding, the covenants, undertakings and agreements herein made on the part of LANDLORD are made and intended not for the purpose of binding LANDLORD personally or the assets of LANDLORD but are made and intended to bind only the LANDLORD" 'S Interest in the PREMISES and Developer Parcel, as used herein includes the Landlord named above as well as its successors and assigns, each of which shall have the same rightsmay, remediesfrom time to time, powersbe encumbered. If LANDLORD, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such person or entityany successor or assign, whether fails to perform any covenant, term 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 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions condition of this lease upon LANDLORD'S part to be performed and as a consequence of such default TENANT recovers a money judgment against LANDLORD, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of LANDLORD in the PREMISES and the Developer Parcel (as the same may then be encumbered) and no personal liability shall at any time be asserted or enforceable against LANDLORD or Its stockholders, officers, partners, members or managers or their respective heirs, legal representatives, successors and assigns on account of the lease or on account of any covenant undertaking or agreement of LANDLORD In this lease. It is understood that in no event shall TENANT have the right to levy execution against any property of LANDLORD other than its Interest in the PREMISES and the Developer Parcel as hereinbefore expressly provided. In the event of any transfer(s) of LANDLORD'S interest in the PREMISES or the PremisesDeveloper Parcel, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwiseother than a transfer for security purposes only, Tenant shall 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) transferor shall be (a) liable for automatically relieved of any previous act or omission and all obligations and liabilities on the part of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment LANDLORD accruing from and after the date of this lease made without its written consent, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentsuch transfer.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue, provided that the successor landlord has assumed this Lease. Landlord shall accruenot 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 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 any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claimsany claim by Tenant against Landlord. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding The foregoing limitation on Landlord’s liability shall not be deemed to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of constitute 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 waiver by Tenant of Minimum Annual Rent in advance in excess any of one monthly installmentTenant’s nonmonetary legal or equitable remedies.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 Landlord shall be relieved fail to perform any covenant, tern or condition of all liability therefor this Lease upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect part to any of the provisions of this lease or the Premisesbe performed, and if Landlord is in breach or as a consequence of such default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to recover a money judgment against Landlord, such judgment shall be satisfied only out of the equity proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Property for Shopping Center and out of net income from such property received by Landlord, or out of the satisfaction consideration received by Landlord from the sale or other disposition of Tenantall or any part of Landlord's claims. Notwithstanding right, title and interest in the foregoingShopping Center, no mortgagee or ground lessor succeeding subject, nevertheless, to the interest 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 hereunder is Trustee (either in terms of ownership or possessory rights) if applicable), shall be (a) liable for any previous act 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 representations, covenants, undertakings and agreements herein made on the part of the Landlord 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 omission for the purpose or with the intention of a prior landlordbinding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, (b) subject 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 rest upon Landlord to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any rental offsets sale or defenses other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against a prior landlord Trustee, or (c) bound by any amendment successor trustee or any of the beneficiaries under said trust, on account of this lease made without its written consentLease or on account of any representation, covenant, undertaking or agreement of the said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by payment the Tenant herein and by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentall persons claiming by, through or under said Tenant.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes 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 named above as well as its successors and assignsParties concerning, each arising out 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 relating to any unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of matter relating to this Lease and all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor conditions or any principal of Landlord nor any owner of the Propertyobligations, whether disclosed contractual, statutory, or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this lease or the Premises, and if Landlord an amount which is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely equal to the equity interest of Landlord in and to the Property Project (including Landlord's interest in any proceeds of insurance policies). 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 the satisfaction of Tenant's claims’s remedies under or with respect to this Lease, Landlord’s obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant’s use or occupancy of the Premises. Tenant further understands that any liability, duty or obligation of Landlord to Tenant which accrues from and after the date of transfer, shall automatically cease and terminate as of the date that Landlord or any of Landlord’s Representatives no longer have any right, title or interest in or to the Project. Notwithstanding the foregoingany contrary provision herein, no mortgagee or ground lessor succeeding to the interest of neither Landlord hereunder (either in terms of ownership or possessory rights) nor any Landlord Representative shall be (a) liable under any circumstances for any previous act injury or omission of 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 consentdamage to, or by payment by Tenant interference with, Tenant's business, including but not limited to, loss of Minimum Annual Rent profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in advance in excess of one monthly installmenteach case, however occurring.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and ). Tenant 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 behalf, and Landlord shall thereafter reimburse Tenant for Tenant’s reasonable out of pocket costs incurred in curing such default. Such reimbursement shall accruebe 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 any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look solely to the equity of Landlord in the Property (and the profits and proceeds resulting from any sale of the Premises or any insurance proceeds or condemnation awards or payments in lieu thereof resulting from casualty or condemnation of 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 look solely to the equity of Landlord in the Property 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes Tenant, for and in consideration of this Lease and the demise of the said premises, hereby agrees and covenants with Landlord named above as well as its successors and assignsthat Landlord shall not be liable for any damage to persons or property arising from any cause whatsoever, each of which shall have occur in any manner in or about the same rightssaid premises, remediesand 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, powerswhich shall occur in any manner in or about the said premises. Further, authorities Tenant hereby agrees and privileges as it would have had it originally signed this lease as Landlord. Any such person or entity, whether or covenants with Landlord that Landlord shall not named herein, shall have no liability hereunder after it ceases to hold title be liable for any damage to the Premises except for obligations already accrued (andsaid demised premises, as or to any unapplied portion part thereof, or to any property or effects therein or thereon, caused by leakage from the roof of Tenant's Security Depositsaid 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 agreed that the Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission their own intentional acts and acts of 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 advance in excess of one monthly installmentnegligence.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and accrued. Tenant shall look solely to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. In no event shall accrueLandlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or exemplary damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 look recover a money judgment against Landlord, such judgment shall satisfied solely to out of the equity right, title and interest of Landlord in the Property Property, including, without implied limitation, all rents, insurance, condemnation or other proceeds in Landlord’s possession from and after the date of Landlord’s default under this Lease, 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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. 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 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 to 10 Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued accrued, (and, as to any 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder after it ceases Tenant agrees 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor interest in interest the Project and the Premises if any for the performance satisfaction of 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 obligations condition or any obligations, contractual, statutory, or otherwise set forth herein, and no other property or assets of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor Landlord, or any principal officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord nor any owner of (the Property"Representative") shall be subject to levy, whether disclosed execution or undisclosed, shall have any personal liability with respect to any of the 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 look solely to the equity of Landlord in the Property other enforcement procedure for the satisfaction of Tenant's claimsremedies under or with respect to this Lease, Landlord's obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant's use or occupancy of the Premises. Notwithstanding Tenant further understands that any liability, duty or obligation of Landlord to Tenant, shall no longer accrue as of the foregoingdate that Landlord or any of the Representatives no longer have any right, no mortgagee title or ground lessor succeeding interest in or to the interest of Landlord hereunder (either in terms of ownership or possessory rights) Project, and shall be (a) liable for any previous act or omission of automatically cease if another entity has agreed to assume such liabilities through 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 advance in excess of one monthly installmentassignment and assumption agreement.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above executing this Lease as well as its successors and assigns, each of which shall have the same obligations, rights, remedies, powers, authorities and privileges as it would have had it originally signed this lease Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder under this Lease after it ceases to hold title to the Premises except for obligations already accrued 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 ’s Security Deposit, Landlord shall be he relieved of all liability therefor upon transfer of such portion to its successor in interest) and ). Tenant shall look solely to Landlord's Lxxxxxxx’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. In no event shall accrueLandlord be liable to Tenant for any loss of business or profits or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises, Premises and if Landlord is in breach or default with respect Txxxxx agrees to Landlord's obligations under this lease or otherwise, Tenant shall look solely to Landlord’s insurance and equity in and proceeds from the equity of Landlord in real and personal property associated with 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 (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses claim Tenant may have 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 advance in excess of one monthly installmentLandlord.

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall I look solely to Landlord's Landlords successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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, had it originally signed this lease Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’s Security Deposit, and/or rent paid in advance, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest) and , provided the successor in interest expressly assumes such liability). Tenant shall look solely to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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 of time 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. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" “Landlord” as used herein includes the Landlord named above 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 herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, and as to any unapplied portion of Tenant's ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's ’s obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's ’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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability Except with respect to the obligations of Landlord pursuant to the Environmental Agreement and Sections 7.6 and 9.1 hereof, Tenant shall be deemed to be in exclusive control and possession of the Premises during the Term as provided in this Restated Lease. Landlord shall not be liable for any 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 Tenant, or of any other person, during the Term, unless caused by Landlord’s, the Leemilt’s Lessor’s, the Power Test Lessor’s, or the Gettymart 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, the Leemilt’s Lessor, the Power Test Lessor, the Gettymart Lessor or any of the their respective agents, employees, contractors, licensees or invitees. The provisions of this lease 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 nothing in this Restated Lease shall be 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 Sections 7.6 or 9.1 hereof or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installmentEnvironmental Agreement.

LIABILITY OF LANDLORD. The word "LANDLORD" 14.1 Except as used herein includes otherwise set forth in this Lease, Landlord and Landlord's Representatives shall not be liable to Tenant, any Agent or any other person or entity for any and all damage, injury, loss or claim based on or arising out of any cause whatsoever, including without limitation the Landlord named above following: repair to any portion of the Premises (except for Landlord's maintenance, repair and replacement obligations as well set forth in Article VIII above); interruption in the use of the Premises or any equipment therein (except for Landlord's obligations as its successors and assignsset forth in Article XIII above); any accident or damage resulting from any use or operation (by Landlord, 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 Tenant or any other person or entity) of heating, whether cooling, electrical, sewage or not named herein, shall have no liability hereunder after it ceases to hold title plumbing equipment or apparatus (except for Landlord's obligations as set forth in Article XIII above); termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease (except for Landlord's obligations already accrued (andto provide services and utilities as provided in Article XIII); and leakage in any part of the Premises or the Building from water, as rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any unapplied portion Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant's Security Depositagent for such purpose and not as Landlord's agent. For purposes of this Article XIV, the term “Building” shall be deemed to include the Land. Notwithstanding the foregoing provisions of this Section 14.1, and subject to Section 12.2(b) above, Landlord shall not be relieved released from liability (a) to Tenant for any physical injury to any natural person or damage to Tenant's personal property caused by the negligence or willful misconduct of all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord or Landlord's successor in interest Representatives, provided that for damage to personal property, Landlord shall only be liable to the performance extent that such damage is not covered by insurance either carried by Tenant or required by this Lease to be carried by Tenant or (b) to the extent resulting from the breach or default by Landlord of the covenants and its representations, warranties, covenants, duties and/or obligations of the Landlord hereunder which thereafter shall accrue. Neither under this Lease; provided, however, that neither Landlord nor any principal of Landlord Landlord's Representatives (nor any owner past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of the Propertyany of them) shall under any circumstances under this Lease (including, whether disclosed or undisclosedwithout limitation, shall have any personal liability with respect to its reimbursement and indemnity obligations set forth in Section 14.2(b) below) be liable for: (i) any exemplary or punitive damages or (ii) any consequential or indirect damages (or for any interruption of or loss to business) to the provisions of extent that (A) Landlord is not covered therefor by insurance carried, or required to be carried under this lease or the PremisesLease, and if (B) provided that Landlord is carrying such required insurance, Landlord does not receive proceeds therefor, all in breach connection with or default with respect relating to Landlord's obligations under this lease or otherwise, Tenant shall 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installmentLease.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes obligations of this Lease run with the Landlord named above as well as its land, and this Lease will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. No owner of the Property will be liable under this Lease except for breaches of Landlord’s obligations occurring while it is owner of the Property. The obligations of Landlord will be binding upon the assets of Landlord which comprise the Property (including the rental receipts therefrom or the proceeds from insurance, each condemnation awards or the sale thereof) but not upon other assets 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 No individual agents, advisor, employee, member, officer, director, partner, trustee, beneficiary 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 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal shareholder of Landlord nor any owner agent, advisor, employee, members, officer, director, partner, trustee, beneficiary or shareholder of each of the Propertyforegoing will be personally liable under this Lease or any other instrument, whether disclosed transaction or undisclosedundertaking contemplated hereby. SECTION THIRTY-ONE — FINANCIAL STATEMENTS If at any time during the Lease Term Tenant’s financial statements are not publicly available, shall have within ten (10) days after request from Landlord from time to time, but not more than once in any personal liability twelve (12) month calendar period, except in connection with respect a potential or actual sale or refinancing (in which case such financials may be requested more than once in any twelve (12) month calendar period), Tenant will deliver to any Landlord copies of the provisions of this lease or the PremisesTenant’s financial statements (audited, if available, and if not available, certified by Tenant’s CFO) for the most recent fiscal year. Landlord is in breach or default shall, and shall require its mortgagees and lenders and prospective mortgagees, lenders and purchasers, to enter into a confidentiality agreement with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction form attached hereto as Exhibit N prior to receipt 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installmentnon-public financial statements.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above 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 Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’s Security Deposit, if applicable, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest) and ). Tenant shall look solely to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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 Property, but are made and intended for the purpose of binding only Landlord’s interest in the Property, as the same may from time to time be encumbered. Neither Landlord nor any principal of Landlord nor any owner of the Property, nor any of their respective partners, officers, employees, heirs, legal representatives, successors, and assigns, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 Landlord shall be relieved of all liability therefor upon transfer of such portion fail to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor perform any principal of Landlord nor any owner of the Propertycovenant, whether disclosed term or undisclosed, shall have any personal liability with respect to any of the provisions condition of this lease or the PremisesLease upon Landlord’s part to be performed, and if Landlord is in breach or as a consequence of such default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to recover a money judgment against Landlord, such judgment shall be satisfied only out of the equity proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Property for Shopping Center and out of net income from such property received by Landlord, or out of the satisfaction consideration received by Landlord from the sale or other disposition of Tenant's claims. Notwithstanding all or any part of Landlord’s right, title and interest in the foregoingShopping Center, no mortgagee or ground lessor succeeding subject, nevertheless, to the interest 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 hereunder is Trustee (either in terms of ownership or possessory rights) if applicable), shall be (a) liable for any previous act 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 representations, covenants, undertakings and agreements herein made on the part of Landlord 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 omission for the purpose or with the intention of a prior landlordbinding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, (b) subject 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 rest upon Landlord to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any rental offsets sale or defenses other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against a prior landlord Trustee, or (c) bound by any amendment successor trustee, or any of the beneficiaries under said trust, on account of this lease made without its written consentLease or on account of any representation, covenant, undertaking or by payment agreement of the said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentherein and by all persons claiming by, through or under said Xxxxxx.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 Notwithstanding anything in 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 Lease to the Premises except contrary, any remedy of Tenant for obligations already accrued the collection of a judgment (andor other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, as cause of action or obligation, contractual, statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any unapplied portion of Tenant's Security Deposit, Landlord shall be relieved of matter relating to this Lease and all liability therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor conditions or any principal of Landlord nor any owner of the Propertyobligations, whether disclosed contractual, statutory, or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this lease or the Premises, and if Landlord an amount which is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely equal to the equity lesser of (i) the interest of Landlord in and to the Property 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 Project (as such value is reasonably determined by Landlord). No other property or assets of Landlord, or any member, officer, director shareholder, partners, trustee, agent, servant or employee of Landlord (the "Representative") shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's claimsremedies under or with respect to this Lease, Landlord's obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant's use or occupancy of the Premises. Notwithstanding Tenant further understands that any liability, duty or obligation of Landlord to Tenant that arises after the foregoingdate that Landlord or any of Landlord's Representatives no longer have any right, no mortgagee title or ground lessor succeeding interest in or to the Project, shall automatically cease and terminate as of the date that Landlord or any of the Landlord's Representatives no longer have any right, title or interest in or to the Project, provided that any transferee of Landlord hereunder (either Landlord's right, title and interest in terms or to the Project assumes Landlord's obligations hereunder, by operation of ownership law or possessory rights) shall be (a) liable for any previous act or omission otherwise, after the date of 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 advance in excess of one monthly installmentsuch transfer.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease or the Premises, and if Landlord is in breach or default with respect to Landlord's Landlord s obligations under this lease or otherwise, Tenant shall look 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 Landlord shall be relieved of all liability therefor upon transfer of such portion fail to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor perform any principal of Landlord nor any owner of the Propertycovenant, whether disclosed term or undisclosed, shall have any personal liability with respect to any of the provisions condition of this lease or the PremisesLease upon Landlord’s part to be performed, and if Landlord is in breach or as a consequence of such default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to recover a money judgment against Landlord, such judgment shall be satisfied only out of the equity proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Property for Shopping Center and out of net income from such property received by Landlord, or out of the satisfaction consideration received by Landlord from the sale or other disposition of Tenant's claims. Notwithstanding all or any part of Landlord’s right, title and interest in the foregoingShopping Center, no mortgagee or ground lessor succeeding subject, nevertheless, to the interest 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 hereunder is Trustee (either in terms of ownership or possessory rights) if applicable), shall be (a) liable for any previous act 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 representations, covenants, undertakings and agreements herein made on the part of Landlord 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 omission for the purpose or with the intention of a prior landlordbinding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, (b) subject 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 rest upon Landlord to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any rental offsets sale or defenses other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against a prior landlord Trustee, or (c) bound by any amendment successor trustee, or any of the beneficiaries under said trust, on account of this lease made without its written consentLease or on account of any representation, covenant, undertaking or by payment agreement of the said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.herein and by all persons claiming by, through or under said Texxxx. Impossible Kicks /Xxxxxxx Center/03/22/23 S36 COMMON AREA CHARGE

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 therefor upon transfer of such portion to its successor in interestinterest provided that Landlord or such transferee provides Tenant with written notice of such transfer) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 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 (a) liable for any previous act or omission of a prior landlord, or (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 advance in excess of one monthly installmentlandlord.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 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 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord (from and after the Commencement Date) nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease Lease or otherwiseotherwise (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 the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of a prior landlord, landlord (b) but shall be subject to any rental offsets relating to acts or defenses against omissions of a prior landlord landlord) or (cb) bound by any amendment of this lease Lease made without its written consentconsent and made after Tenant shall have been notified of the existence of such mortgage or ground lease, or by payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" “Landlord” as used herein includes the Landlord named above 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 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 unapplied portion of any security deposit from 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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises, and if Landlord is in to breach or default with respect to Landlord's ’s obligations under this lease Lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's ’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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word term "LANDLORDLandlord" as used herein includes in this Lease, so far as covenants or agreements on the part of Landlord named above 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 hereinare concerned, shall have no 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 hereunder after 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 ceases to hold title to the Premises except for obligations already accrued (andunder this Lease, and if Tenant shall, as to any unapplied portion of Tenant's Security Deposita consequence thereof, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest) and recover a money judgment against Landlord, Tenant agrees that it shall look solely to Landlord's successor right, title and interest in interest and to the Building for the performance collection of such judgment, that being the covenants sole asset to which Tenant may look for payment of any such judgment; and obligations Tenant agrees that no other assets of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the PropertyLandlord, whether disclosed or undisclosedwherever situated, shall have any personal liability with respect be subject to any of the provisions of this lease levy, execution or the Premises, and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property other process for the satisfaction of Tenant's claimsjudgment. Notwithstanding Tenant further agrees that neither Landlord nor any of the foregoingmanagers, no mortgagee members, partners, agents, representatives, or ground lessor succeeding to the interest employees of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any previous act or omission of 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 advance in excess of one monthly installment.deficiency

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 Landlord shall be relieved of all liability therefor upon transfer of such portion fail to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor perform any principal of Landlord nor any owner of the Propertycovenant, whether disclosed term or undisclosed, shall have any personal liability with respect to any of the provisions condition of this lease or the PremisesLease upon Landlord’s part to be performed, and if Landlord is in breach or as a consequence of such default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to recover a money judgment against Landlord, such judgment shall be satisfied only out of the equity proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Property for Shopping Center and out of net income from such property received by Landlord, or out of the satisfaction consideration received by Landlord from the sale or other disposition of Tenant's claims. Notwithstanding all or any part of Landlord’s right, title and interest in the foregoingShopping Center, no mortgagee or ground lessor succeeding subject, nevertheless, to the interest 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 hereunder is Trustee (either in terms of ownership or possessory rights) if applicable), shall be (a) liable for any previous act 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 representations, covenants, undertakings and agreements herein made on the part of Landlord 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 omission for the purpose or with the intention of a prior landlordbinding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, (b) subject 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 rest upon Landlord to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any rental offsets sale or defenses other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against a prior landlord Trustee, or (c) bound by any amendment successor trustee, or any of the beneficiaries under said trust, on account of this lease made without its written consentLease or on account of any representation, covenant, undertaking or by payment agreement of the said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.herein and by all persons claiming by, through or under said Xxxxxx. Impossible Kicks /The Mall at Green Hills/03/21/23 S33 COMMON AREA CHARGE

LIABILITY OF LANDLORD. (a) The word "LANDLORD" “Landlord” as used herein includes the Landlord named above as well as its successors and 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 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 unapplied portion of Tenant's ’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 to Landlord's ’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease Lease or the Premises, and if Landlord is in breach or default with respect to Landlord's ’s obligations under this lease Lease or otherwiseotherwise (except with respect to Landlord’s obligations under Section 28), Tenant shall look solely to the equity of Landlord in the Property Premises and any proceeds of liability insurance maintained by Landlord pursuant to Section 7(c)(ii), for the satisfaction of Tenant's ’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 (a) liable for any previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord landlord, or (c) bound by any amendment of this lease made without its written consent, or by liable for payment by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder 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 Landlord shall be relieved of all liability therefor upon transfer of such portion fail to its successor in interest) and Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor perform any principal of Landlord nor any owner of the Propertycovenant, whether disclosed term or undisclosed, shall have any personal liability with respect to any of the provisions condition of this lease or the PremisesLease upon Landlord’s part to be performed, and if Landlord is in breach or as a consequence of such default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to recover a money judgment against Landlord, such judgment shall be satisfied only out of the equity proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Property for Shopping Center and out of net income from such property received by Landlord, or out of the satisfaction consideration received by Landlord from the sale or other disposition of Tenant's claims. Notwithstanding all or any part of Landlord’s right, title and interest in the foregoingShopping Center, no mortgagee or ground lessor succeeding subject, nevertheless, to the interest 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 hereunder is Trustee (either in terms of ownership or possessory rights) if applicable), shall be (a) liable for any previous act 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 representations, covenants, undertakings and agreements herein made on the part of Landlord 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 omission for the purpose or with the intention of a prior landlordbinding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, (b) subject 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 rest upon Landlord to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any rental offsets sale or defenses other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against a prior landlord Trustee, or (c) bound by any amendment successor trustee, or any of the beneficiaries under said trust, on account of this lease made without its written consentLease or on account of any representation, covenant, undertaking or by payment agreement of the said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by Tenant of Minimum Annual Rent in advance in excess of one monthly installment.herein and by all persons claiming by, through or under said Xxxxxx. Impossible Kicks /International Plaza/03/21/23 S33 COMMON AREA CHARGE

LIABILITY OF LANDLORD. The word "LANDLORDLandlord" as used herein includes the Landlord named above 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 herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations already accrued accrued, (and, as to any 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the 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 look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claimsTenaxx'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 (a) liable for any previous act or omission of 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 rent in advance in excess of one monthly installment.

LIABILITY OF LANDLORD. The word "LANDLORD" Landlord and Landlord’s Agent are not liable for matters outside the dominion or control of Landlord or Landlord’s Agent so long as used herein includes there is no negligence on their parts, 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 named above will not be treated by Tenant(s) as well as its successors and assignsa guarantee against crime or a reduction in the risk of crime. Landlord will not be liable to Tenant(s) or any guest, each of which shall have the same rightsinvitee, remediesor occupant for injury, powers, authorities and privileges as it would have had it originally signed this lease as Landlord. Any such damage or loss to person or entityproperty caused by criminal conduct of other persons, whether including theft, burglary, assault, vandalism, or other crimes. Landlord will not named hereinfurnish security personnel, 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 purposes, Landlord may provide same in accordance with the Tenant Consent Form attached hereto. Landlord and Landlord’s Agent, in addition, shall have no 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 hereunder after it ceases and to hold title to the Premises except indemnify Landlord and Landlord’s Agent for obligations already accrued (andsuch losses, as to any 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 to Landlord's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter shall accrue. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease or the PremisesTenant(s), and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity all invitees 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 (a) liable for any previous act or omission of 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 advance in excess of one monthly installmentTenant(s).

LIABILITY OF LANDLORD. The word "LANDLORD" as used herein “Landlord” in this Lease includes the Landlord named above executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities authorities, and privileges as it would have had it originally signed this lease Lease as Landlord. Any such person or entity, whether or not named hereinin this Lease, shall have no liability hereunder 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 ’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 to Landlord's successor ’s successor(s) in interest for the performance of the covenants and obligations of the Landlord hereunder which thereafter subsequently accrue. Landlord shall accruenot 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 such 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. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this lease 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 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 (a) liable for any previous act or omission of 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 claim by Tenant of Minimum Annual Rent in advance in excess of one monthly installmentagainst Landlord.