Common use of LIABILITY OF LESSOR Clause in Contracts

LIABILITY OF LESSOR. (a) Anything elsewhere to contrary notwithstanding, Lessee shall look solely to Lessor’s interest in the Demised Premises including any rent, insurance proceeds, sale proceeds and condemnation awards received therefrom for the satisfaction of Lessee’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default or breach by Lessor with respect to any of the terms, conditions and covenants of this Lease to be observed and/or performed by Lessor, and no other property or assets of Lessor shall be subject to levy, execution or other enforcement procedure for the satisfaction of Lessee’s remedies. If Lessor or a successor in interest is an individual (which term as used herein includes aggregates of individuals, such as joint ventures, general or limited partnerships or associations) such individual shall be under no personal liability with respect to any of the provisions of this Lease, and if such individual hereto is in breach or default with respect to its obligations under this Lease, in no event shall Lessee attempt to secure any personal judgment against any partner, employee or agent of Lessor by reason of such default by Lessor. (b) Lessee agrees that its sole remedies in cases where Lessor’s reasonableness in exercising its judgment or withholding it consent or approval is applicable pursuant to any provision of this Lease, shall be those in the nature of injunction, declaratory judgment, or specific performance, the rights to money damages or other remedies being hereby specifically waived. (c) Lessee shall not be entitled to claim a constructive eviction from the Demised Premises unless Lessee shall have first notified Lessor of the condition or conditions giving rise thereto, and if the complaints be justified, unless Lessor shall have failed to remedy such conditions within a reasonable time after receipt of such notice. (d) Lessor or its agents shall not be liable for any damage to property of Lessee or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Lessee by theft or otherwise. Lessor or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the Roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Lessor, its agents, servants or employees; nor shall Lessor or its agents be liable for any such damage caused by operations in construction of any private, public or quasi-public work; nor shall Lessor be liable for any latent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closed or darkened incident to or for the purpose of repairs, replacements, maintenance and/or cleaning in, on, to or about the Building or any part or parts thereof, Lessor shall not be liable for any damage Lessee may sustain thereby and Lessee shall not be entitled to any compensation therefor nor abatement of rent nor shall the same release Lessee from its obligations hereunder nor constitute an eviction. Lessee shall reimburse and compensate Lessor as Additional Rent for all expenditures made by, or damages or fines sustained or incurred by Lessor and not reimbursed by insurance due to nonperformance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease upon Lessee's part to be kept, observed, performed or complied with. Lessee shall give immediate notice to Lessor in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipment.

LIABILITY OF LESSOR. (a) Anything elsewhere to contrary notwithstandingLessee, Lessee shall look solely to Lessor’s interest for and in the Demised Premises including any rent, insurance proceeds, sale proceeds and condemnation awards received therefrom for the satisfaction of Lessee’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default or breach by Lessor with respect to any of the terms, conditions and covenants consideration of this Lease to be observed and/or performed by Lessor, and no other property or assets of Lessor shall be subject to levy, execution or other enforcement procedure for the satisfaction of Lessee’s remedies. If Lessor or a successor in interest is an individual (which term as used herein includes aggregates of individuals, such as joint ventures, general or limited partnerships or associations) such individual shall be under no personal liability with respect to any demise of the provisions of this Leasesaid Premises, hereby agrees and if such individual hereto is in breach or default covenants with respect to its obligations under this Lease, in no event shall Lessee attempt to secure any personal judgment against any partner, employee or agent of Lessor by reason of such default by Lessor. (b) Lessee agrees that its sole remedies in cases where Lessor’s reasonableness in exercising its judgment or withholding it consent or approval is applicable pursuant to any provision of this Lease, shall be those in the nature of injunction, declaratory judgment, or specific performance, the rights to money damages or other remedies being hereby specifically waived. (c) Lessee shall not be entitled to claim a constructive eviction from the Demised Premises unless Lessee shall have first notified Lessor of the condition or conditions giving rise thereto, and if the complaints be justified, unless Lessor shall have failed to remedy such conditions within a reasonable time after receipt of such notice. (d) Lessor or its agents shall not be liable for any damage to person or property arising from any cause whatsoever, which shall occur in any manner in or about the said Premises, except to the extent resulting from the negligence, willful misconduct or breach of Lessee or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Lessee this Lease by theft or otherwise. Lessor or its agents shall not be liable agents, representatives, employees, contractors or consultants, and Lessee hereby agrees to indemnify and save harmless Lessor from any and all claims and liability for any injury or damage to persons or property arising from any cause whatsoever, which shall occur in any manner in or about the said Premises, except to the extent resulting from firethe negligence, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain willful misconduct or snow breach of this Lease by Lessor or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the Roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Lessor, its agents, servants representatives, employees, contractors or employees; nor shall consultants. Further, Lessee hereby agrees and covenants with Lessor or its agents be liable for any such damage caused by operations in construction of any private, public or quasi-public work; nor shall Lessor be liable for any latent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closed or darkened incident to or for the purpose of repairs, replacements, maintenance and/or cleaning in, on, to or about the Building or any part or parts thereof, that Lessor shall not be liable for any damage Lessee may sustain thereby and Lessee shall not be entitled to the said Demised Premises, or to any compensation therefor nor abatement of rent nor shall the same release Lessee from its obligations hereunder nor constitute an eviction. Lessee shall reimburse and compensate Lessor as Additional Rent for all expenditures made bypart thereof, or damages to any property or fines sustained effects therein or incurred thereon, caused by Lessor and not reimbursed leakage from the roof of said Premises or by insurance due 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, except to nonperformance or non-compliance with the extent resulting from the negligence, willful misconduct or breach or failure to observe any term, covenants or conditions of this Lease upon Lessee's by Lessor or its agents, representatives, employees, contractors or consultants, and Lessee hereby agrees and covenants to indemnify and save harmless Lessor from any and all claims and liability for any damage to the said Demised Premises, or to any part thereof, or to be kept, observed, performed any property or complied with. Lessee shall give immediate notice to Lessor in case of fire or accidents in the Demised Premises or in the Building or of defects effects therein or in any fixtures thereon, except to the extent resulting from the negligence, willful misconduct or equipmentbreach of this Lease by Lessor or its agents, representatives, employees, contractors or consultants.

LIABILITY OF LESSOR. 16.1 Subject to Section 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) Anything elsewhere to contrary notwithstanding, any default by Lessee shall look solely to Lessor’s interest in the Demised Premises including or permitted assignee or subtenant hereunder; (b) any rent, insurance proceeds, sale proceeds and condemnation awards received therefrom for the satisfaction act or negligence of Lessee or any of Lessee’s remedies 's agents, contractors, subcontractors, employees, licensees and invitees; and (c) all claims for the collection of a judgment (damages to persons or other judicial process) requiring the payment of money property by Lessor in the event of any default or breach by Lessor with respect to any reason of the terms, conditions and covenants use or occupancy of this Lease to be observed and/or performed the Premises not caused by Lessor, and no other property its agents, servants or assets of Lessor shall be subject to levy, execution or other enforcement procedure for the satisfaction of Lessee’s remediesemployees. If Lessor or a successor in interest is an individual (which term as used herein includes aggregates of individuals, such as joint ventures, general or limited partnerships or associations) such individual shall be under no personal liability with respect to any of the provisions of this Lease, and if such individual hereto is in breach or default with respect to its obligations under this Lease, in no event shall Lessee attempt to secure any personal judgment against any partner, employee or agent of Lessor by reason of such default by Lessor. (b) Lessee agrees that its sole remedies in cases where Lessor’s reasonableness in exercising its judgment or withholding it consent or approval is applicable pursuant to any provision of this Lease, shall be those in the nature of injunction, declaratory judgment, or specific performance, the rights to money damages or other remedies being hereby specifically waived. (c) Lessee shall not be entitled liable to claim a constructive eviction from the Demised Premises unless Lessee shall have first notified Lessor of the condition Lessor, or conditions giving rise theretoLessor's agents, and if the complaints be justifiedservants, unless Lessor shall have failed to remedy such conditions within a reasonable time after receipt of such notice. (d) Lessor employees, contractors, customers or its agents shall not be liable invitees for any damage to property of Lessee or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Lessee by theft or otherwise. Lessor or its agents shall not be liable for any injury or damage to persons person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the Roof, street or subsurface or from any other place or by dampness or caused by any other cause of whatsoever natureact, unless caused by omission or due to the negligence neglect of Lessor, its agents, servants or employees; nor shall Lessor or its agents be liable for any such damage caused by operations in construction of any private, public or quasi-public work; nor shall Lessor be liable for any latent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closed or darkened incident to or for the purpose of repairs, replacements, maintenance and/or cleaning in, on, to or about the Building or any part or parts thereofMoreover, Lessor shall not be liable for any damage, injury, destruction, or theft to or of the Premises, the personal property of Lessee or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entrance ways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise unless caused by any act, omission or neglect of Lessor, its agents, servants or employees. Any and all claims against Lessor for any damage or injury for which Lessee may sustain thereby has indemnified Lessor or for which Lessor is expressly not liable under this Section 16 are hereby waived and released by Lessee. 16.2 Except as otherwise provided in the last sentence of this Section 16.2 and Section 22, Lessee expressly agrees to look solely to Lessor's interest in the Property (including rents and profits therefrom) for the recovery of any judgment against Lessor, it being agreed that Lessor (and its partners and shareholders) shall never be personally liable for any such judgment. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Lessee might otherwise have to obtain injunctive relief against Lessor or Lessor's successors-in-interest. Notwithstanding the limitations on liability contained in the first sentence of this Section 16.2, Lessee shall be entitled to sue xxx recover from Lessor any damages suffered or incurred by Lessee as a result of any unauthorized draw on the Letter of Credit by Lessor or any breach of the Lessor's obligation under this Lease prior to the Commencement Date. 16.3 Subject to the limitations of liability set forth in Section 16.2 hereof, Lessor shall indemnify, defend, and hold harmless Lessee, at Lessor's expense, against (a) any act or negligence of Lessor, its agents, servants, employees or contractors; and (b) all claims for damages to persons or property caused by Lessor or its agents, servants, employees or contractors. Lessor shall not be entitled liable to Lessee or the Lessee Parties for any compensation therefor nor abatement damage to person or property caused by any act, omission or neglect of rent nor shall Lessee or the same release Lessee from its obligations hereunder nor constitute an eviction. Lessee shall reimburse and compensate Lessor as Additional Rent for all expenditures made by, or damages or fines sustained or incurred by Lessor and not reimbursed by insurance due to nonperformance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease upon Lessee's part to be kept, observed, performed or complied with. Lessee shall give immediate notice to Lessor in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipmentParties.

LIABILITY OF LESSOR. 13.1 Except as otherwise set forth in Section 13.4, below, Agrarian shall not be liable to Lessee 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, including, interruption in the use of the Leased Premises; any accident or damage resulting from any use of the Leased Premises or the operation on the Leased Premises of equipment or apparatus; termination of this Lease by reason of damage to the Leased Premises; or any fire, robbery, theft, vandalism, mysterious disappearance, or any other casualty. 13.2 If any condition exists which may be the basis of a claim of constructive eviction, then Lessee shall give Agrarian written notice thereof and a reasonable opportunity to correct such condition, and in the interim Lessee shall not claim that it has been constructively evicted or is entitled to a rent abatement. 13.3 Any Improvement or property placed by Lessee on the Leased Premises shall be at the sole risk of Lessee, and Agrarian shall not in any manner be held responsible therefor. Any person receiving an article delivered for Lessee shall be acting as Xxxxxx's agent for such purpose and not as Agrarian’s agent. 13.4 Notwithstanding the foregoing Sections of this Article 13, Agrarian shall not be released from liability to Lessee for any physical injury to any person or property damage caused by the gross negligence or willful misconduct of Agrarian to the extent such injury or damage is not covered by insurance (a) Anything elsewhere to contrary notwithstanding, carried by Lessee shall look solely to Lessor’s interest in the Demised Premises including any rent, insurance proceeds, sale proceeds and condemnation awards received therefrom for the satisfaction of Lessee’s remedies for the collection of a judgment (or other judicial processperson, or (b) requiring the payment of money required by Lessor in the event of any default or breach by Lessor with respect to any of the terms, conditions and covenants of this Lease to be observed and/or performed carried by LessorLessee. 13.5 Except to the extent caused by the gross negligence or willful misconduct of Agrarian, Lessee shall reimburse Agrarian for (as additional rent), and no other property shall indemnify, defend upon request, and hold them harmless from and against all costs, damages, claims, liabilities, expenses (including attorneys' fees), losses, penalties, and court costs suffered by or assets claimed against them, directly or indirectly, based on or arising out of, in whole or in part, (a) use and occupancy of Lessor shall be subject to levythe Leased Premises or the farming business conducted therein, execution (b) any act or other enforcement procedure for the satisfaction omission of Lessee’s remedies. If Lessor or a successor in interest is an individual , (which term as used herein includes aggregates c) any breach of individuals, such as joint ventures, general or limited partnerships or associations) such individual shall be under no personal liability with respect to any of the provisions of this Lease, and if such individual hereto is in breach or default with respect to its Lessee's obligations under this Lease, in no event shall Lessee attempt including failure to secure any personal judgment against any partner, employee comply with laws or agent surrender the Leased Premises upon the expiration or earlier termination of Lessor by reason of such default by Lessor. (b) Lessee agrees that its sole remedies in cases where Lessor’s reasonableness in exercising its judgment or withholding it consent or approval is applicable pursuant to any provision of this Lease, shall be those in the nature of injunction, declaratory judgmentLease Term, or specific performance, the rights to money damages or other remedies being hereby specifically waived. (c) Lessee shall not be entitled to claim a constructive eviction from the Demised Premises unless Lessee shall have first notified Lessor of the condition or conditions giving rise thereto, and if the complaints be justified, unless Lessor shall have failed to remedy such conditions within a reasonable time after receipt of such notice. (d) Lessor any entry by Lessee upon the Leased Premises prior to the Lease Commencement Date. 13.6 If Xxxxxx is awarded a money judgment against Agrarian, then recourse for satisfaction of such judgment shall be limited to execution against Agrarian’s estate and interest in the Leased Premises. No other asset of Agrarian shall be available to satisfy or its agents shall not be liable for any damage subject to property of Lessee or of others entrusted to employees of the Buildingsuch judgment, nor for the loss of or damage to any property of Lessee by theft or otherwise. Lessor or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the Roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Lessor, its agents, servants or employees; nor shall Lessor or its agents be liable for any such damage caused by operations in construction person or entity be held to have personal liability for satisfaction of any private, public such claim or quasi-public work; nor shall Lessor be liable for any latent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closed or darkened incident to or for the purpose of repairs, replacements, maintenance and/or cleaning in, on, to or about the Building or any part or parts thereof, Lessor shall not be liable for any damage Lessee may sustain thereby and Lessee shall not be entitled to any compensation therefor nor abatement of rent nor shall the same release Lessee from its obligations hereunder nor constitute an eviction. Lessee shall reimburse and compensate Lessor as Additional Rent for all expenditures made by, or damages or fines sustained or incurred by Lessor and not reimbursed by insurance due to nonperformance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease upon Lessee's part to be kept, observed, performed or complied with. Lessee shall give immediate notice to Lessor in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipmentjudgment.

LIABILITY OF LESSOR. 16.1 Subject to Section 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) Anything elsewhere to contrary notwithstanding, Lessee shall look solely to Lessor’s interest in the Demised Premises including any rent, insurance proceeds, sale proceeds and condemnation awards received therefrom for the satisfaction of Lessee’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessee or breach by Lessor with respect to permitted assignee or subtenant hereunder; (b) any act of negligence of Lessee or any of the terms, conditions Lessee Parties; and covenants of this Lease (c) all claims for damages to be observed and/or performed by Lessor, and no other persons or property or assets of Lessor shall be subject to levy, execution or other enforcement procedure for the satisfaction of Lessee’s remedies. If Lessor or a successor in interest is an individual (which term as used herein includes aggregates of individuals, such as joint ventures, general or limited partnerships or associations) such individual shall be under no personal liability with respect to any of the provisions of this Lease, and if such individual hereto is in breach or default with respect to its obligations under this Lease, in no event shall Lessee attempt to secure any personal judgment against any partner, employee or agent of Lessor by reason of such default the use or occupancy of the Premises not caused by Lessor. (b) Lessee agrees that its sole remedies in cases where Lessor’s reasonableness in exercising its judgment or withholding it consent or approval is applicable pursuant to any provision of this Lease, shall be those in the nature of injunction, declaratory judgment, or specific performance, the rights to money damages or other remedies being hereby specifically waived. (c) . Lessee shall not be entitled liable to claim a constructive eviction from the Demised Premises unless Lessee shall have first notified Lessor of the condition Lessor, or conditions giving rise theretoLessor's agents, and if the complaints be justifiedservants, unless Lessor shall have failed to remedy such conditions within a reasonable time after receipt of such notice. (d) Lessor employees, contractors, customers or its agents shall not be liable invitees for any damage to property of Lessee or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Lessee by theft or otherwise. Lessor or its agents shall not be liable for any injury or damage to persons person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the Roof, street or subsurface or from any other place or by dampness or caused by any other cause of whatsoever natureact, unless caused by omission or due to the negligence neglect of Lessor, its agents, servants or employees; nor . Lessor shall Lessor or its agents not be liable to Lessee, or Lessee's agent, servants, employees, contractors, customers or invitees for any such damage to person or property caused by operations in construction any act, omission or neglect of any privateLessee, public its agents, servants, or quasi-public work; nor shall Lessor be liable for any latent defect in the Demised Premises or in the Buildingemployees. If at any time any windows of the Demised Premises are temporarily closed or darkened incident to or for the purpose of repairs, replacements, maintenance and/or cleaning in, on, to or about the Building or any part or parts thereofMoreover, Lessor shall not be liable for any damage, injury, destruction, or theft to, of, or at the Premises, the personal property of Lessee or any of the Lessee Parties, Lessee, or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entrance ways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise. Any and all claims against Lessor for any damage Lessee may sustain thereby and Lessee shall not be entitled referred to any compensation therefor nor abatement of rent nor shall in this Section 16, except to the same release Lessee from its obligations hereunder nor constitute an eviction. Lessee shall reimburse and compensate Lessor as Additional Rent for all expenditures made extent such damage is caused by, or damages arises from, the gross negligence or fines sustained wilful wrongdoing of Lessor or incurred its employees, are hereby waived and released by Lessor Lessee. 16.2 Notwithstanding anything to the contrary in this Lease, Lessor's liability is limited to, and not reimbursed by insurance due Lessee expressly agrees to nonperformance or non-compliance with or breach or failure to observe any termlook solely to, covenants or conditions of this Lease upon LesseeLessor's part to be kept, observed, performed or complied with. Lessee shall give immediate notice to Lessor in case of fire or accidents interest in the Demised Premises and the present revenues generated therefrom. Excluding any criminal negligence by the following parties, none of Lessor, or Lessor's partners, shareholders, officers, directors, principals, members, attorneys, employees, shall ever be personally liable with respect to this Lease. The provision contained in the Building foregoing sentence is not intended to, and shall not, limit any right that Lessee might otherwise have to obtain injunctive relief against Lessor or of defects therein or in any fixtures or equipmentLessor's successors-in-interest.

LIABILITY OF LESSOR. 12.1 Except as otherwise set forth in Section 12.4, below, Agrarian shall not be liable to Lessee 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, including, interruption in the use of the Leased Premises; any accident or damage resulting from any use of the Leased Premises or the operation on the Leased Premises of equipment or apparatus; termination of this Lease by reason of damage to the Leased Premises; or any fire, robbery, theft, vandalism, mysterious disappearance, or any other casualty. 12.2 If any condition exists which may be the basis of a claim of constructive eviction, then Lessee shall give Agrarian written notice thereof and a reasonable opportunity to correct such condition, and in the interim Lessee shall not claim that it has been constructively evicted or is entitled to a rent abatement. 12.3 Any Improvements or property placed by Lessee on the Leased Premises shall be at the sole risk of Lessee, and Agrarian shall not in any manner be held responsible therefor. Any person receiving an article delivered for Lessee shall be acting as Xxxxxx's agent for such purpose and not as Agrarian’s agent. 12.4 Notwithstanding the foregoing Sections of this Article 12, Agrarian shall not be released from liability to Lessee for any physical injury to any person or property damage caused by the gross negligence or willful misconduct of Agrarian to the extent such injury or damage is not covered by insurance (a) Anything elsewhere to contrary notwithstanding, carried by Lessee shall look solely to Lessor’s interest in the Demised Premises including any rent, insurance proceeds, sale proceeds and condemnation awards received therefrom for the satisfaction of Lessee’s remedies for the collection of a judgment (or other judicial processperson, or (b) requiring the payment of money required by Lessor in the event of any default or breach by Lessor with respect to any of the terms, conditions and covenants of this Lease to be observed and/or performed carried by LessorLessee. 12.5 Except to the extent caused by the gross negligence or willful misconduct of Agrarian, Lessee shall reimburse Agrarian for (as Operating Charges due hereunder), and no other property shall indemnify, defend upon request, and hold Agrarian harmless from and against all costs, damages, claims, liabilities, expenses (including attorneys' fees), losses, penalties, and court costs suffered by or assets claimed against Agrarian, directly or indirectly, based on or arising out of, in whole or in part, (a) use and occupancy of Lessor shall be subject to levythe Leased Premises or the farming business conducted therein, execution (b) any act or other enforcement procedure for the satisfaction omission of Lessee’s remedies. If Lessor or a successor in interest is an individual , (which term as used herein includes aggregates c) any breach of individuals, such as joint ventures, general or limited partnerships or associations) such individual shall be under no personal liability with respect to any of the provisions of this Lease, and if such individual hereto is in breach or default with respect to its Lessee's obligations under this Lease, in no event shall Lessee attempt including failure to secure any personal judgment against any partner, employee comply with laws or agent surrender the Leased Premises upon the expiration or earlier termination of Lessor by reason of such default by Lessor. (b) Lessee agrees that its sole remedies in cases where Lessor’s reasonableness in exercising its judgment or withholding it consent or approval is applicable pursuant to any provision of this Lease, shall be those in the nature of injunction, declaratory judgmentLease Term, or specific performance, the rights to money damages or other remedies being hereby specifically waived. (c) Lessee shall not be entitled to claim a constructive eviction from the Demised Premises unless Lessee shall have first notified Lessor of the condition or conditions giving rise thereto, and if the complaints be justified, unless Lessor shall have failed to remedy such conditions within a reasonable time after receipt of such notice. (d) Lessor any entry by Lessee upon the Leased Premises prior to the Effective Date. 12.6 If Xxxxxx is awarded a money judgment against Agrarian, then recourse for satisfaction of such judgment shall be limited to execution against Agrarian’s estate and interest in the Leased Premises. No other asset of Agrarian shall be available to satisfy or its agents shall not be liable for any damage subject to property of Lessee or of others entrusted to employees of the Buildingsuch judgment, nor for the loss of or damage to any property of Lessee by theft or otherwise. Lessor or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the Roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Lessor, its agents, servants or employees; nor shall Lessor or its agents be liable for any such damage caused by operations in construction person or entity be held to have personal liability for satisfaction of any private, public such claim or quasi-public work; nor shall Lessor be liable for any latent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closed or darkened incident to or for the purpose of repairs, replacements, maintenance and/or cleaning in, on, to or about the Building or any part or parts thereof, Lessor shall not be liable for any damage Lessee may sustain thereby and Lessee shall not be entitled to any compensation therefor nor abatement of rent nor shall the same release Lessee from its obligations hereunder nor constitute an eviction. Lessee shall reimburse and compensate Lessor as Additional Rent for all expenditures made by, or damages or fines sustained or incurred by Lessor and not reimbursed by insurance due to nonperformance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease upon Lessee's part to be kept, observed, performed or complied with. Lessee shall give immediate notice to Lessor in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipmentjudgment.

LIABILITY OF LESSOR. (a) Anything elsewhere Lessor shall not be liable to contrary notwithstanding, Lessee shall look solely in any manner whatsoever for failure to Lessor’s interest furnish or delay in the Demised Premises including furnishing any rent, insurance proceeds, sale proceeds and condemnation awards received therefrom service provided for the satisfaction of Lessee’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default or breach by Lessor with respect to any of the terms, conditions and covenants of this Lease to be observed and/or performed by Lessor, and no other property such failure or assets of delay to furnish any service or services by Lessor shall be subject an actual or constructive eviction of Lessee nor shall any such event operate to levyrelieve Lessee from the prompt and punctual performance of each and all the covenants to be performed herein by Lessee, execution nor shall Lessor be liable to Lessee for damage to person or property caused by defects in the cooling, heating, electric, water, elevator or other enforcement procedure apparatus or systems or by water discharged from sprinkler systems, if any, in the Building; nor for the satisfaction theft, mysterious disappearance, or loss of Lessee’s remediesany property of Lessee whether from the Expansion Premises or any part of the Building or property adjoining the Building. If Lessor agrees to make reasonable efforts to protect Lessee from interference or disturbance by third persons including other tenants. However, Lessor shall not be liable for any such interference or disturbance whether caused by another tenant or tenants of Lessor or a successor other persons, nor shall Lessee be relieved from any obligation herein because of such interference, disturbance or breach. Lessor shall have the right to change the name of the Building or the design or construction thereof whenever Lessor, in interest is an individual (which term as used herein includes aggregates its sole discretion, deems it appropriate without any liability to Lessee and without any consent of individuals, such as joint ventures, general or limited partnerships or associations) such individual Lessee being necessary. Lessor shall be under have no personal liability with respect to any of the provisions of this Lease, and if such individual hereto Lessor is in breach or default with respect to its obligations under this Leasehereunder, Lessee shall look solely to Lessor's equity in the Expansion Premises for satisfaction of Lessee's remedies. In no event shall Lessee attempt to secure any personal judgment against any partner, employee or agent of Lessor by reason of Lessor's liability exceed such default by Lessorequity. (b) Lessee agrees that its sole remedies in cases where Lessor’s reasonableness in exercising its judgment or withholding it consent or approval is applicable pursuant to any provision of this Lease, shall be those in the nature of injunction, declaratory judgment, or specific performance, the rights to money damages or other remedies being hereby specifically waived. (c) Lessee shall not be entitled to claim a constructive eviction from the Demised Premises unless Lessee shall have first notified Lessor of the condition or conditions giving rise thereto, and if the complaints be justified, unless Lessor shall have failed to remedy such conditions within a reasonable time after receipt of such notice. (d) Lessor or its agents shall not be liable for any damage to property of Lessee or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Lessee by theft or otherwise. Lessor or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the Roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Lessor, its agents, servants or employees; nor shall Lessor or its agents be liable for any such damage caused by operations in construction of any private, public or quasi-public work; nor shall Lessor be liable for any latent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closed or darkened incident to or for the purpose of repairs, replacements, maintenance and/or cleaning in, on, to or about the Building or any part or parts thereof, Lessor shall not be liable for any damage Lessee may sustain thereby and Lessee shall not be entitled to any compensation therefor nor abatement of rent nor shall the same release Lessee from its obligations hereunder nor constitute an eviction. Lessee shall reimburse and compensate Lessor as Additional Rent for all expenditures made by, or damages or fines sustained or incurred by Lessor and not reimbursed by insurance due to nonperformance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease upon Lessee's part to be kept, observed, performed or complied with. Lessee shall give immediate notice to Lessor in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipment.