Common use of Limitation on Landlord’s Liability Clause in Contracts

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damages.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Landlord), shall be liable only for breaches of limited solely to, and Tenant’s and its covenants occurring while it is owner of the Property (providedsuccessors’ and assigns’ sole and exclusive remedy shall be against, however, that if Landlord from time to time is lessee of the ground or improvements constituting Landlord’s interest in the Building, then and no other assets of Landlord. The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Landlord are concerned, shall be limited to mean and include only the owner or owners, at the time in question, of the fee title to, or a lessee’s interest in a ground lease of, the Property. In the event of any transfer or conveyance of any such title or interest (other than a transfer for security purposes only), the transferor shall be automatically relieved of all covenants and obligations on the part of Landlord contained in this Lease. Landlord and Landlord’s period transferees and assignees shall have the absolute right to transfer all or any portion of ownership of their respective title and interest in the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of Premises, the Building, the transferor Landlord (including any mortgagee) Property and/or this Lease without the consent of Tenant, and such transfer or subsequent transfer shall not be freed deemed a violation on Landlord’s part of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to of the transferee Landlord as aforesaid for satisfaction terms and conditions of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesLease.

Limitation on Landlord’s Liability. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, riders or addenda hereto attached (collectively the “Lease Documents”), in consideration of the benefits accruing hereunder, Tenant agrees and all of its successors and assigns covenant and agree that, in the event of any actual or alleged failure, breach or default hereunder by Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or in any other matter relating to Tenant’s occupancy of the Premises: (a) the liability of Landlord and the Landlord Indemnified Parties shall be limited solely and exclusively to an amount which is equal to the lesser of (1) the interest of Landlord in the Building, or (2) the equity interest Landlord would have in the Building if the Building were encumbered by third-party debt in an amount equal to eighty percent (80%) of the value of the Building (as such value is determined by Landlord and shall include insurance proceeds), provided that in no event shall such liability extend to any sales proceeds received by Landlord or the Landlord Indemnified Parties in connection with the Project, Building or Premises; (b) only Landlord shall be liable only for breaches sued or named as a party in any suit or action; (c) no writ of its covenants occurring while it is owner attachment, execution, possession, or sale, will ever be levied against the assets of Landlord, except the Building; and (d) the obligations of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed under this Lease do not constitute personal obligations of any liability or obligation thereafter arising andLandlord Indemnified Party (other than Landlord), subject to Section 9.1, and Tenant shall look solely to the transferee not seek recourse against any Landlord as aforesaid for satisfaction Indemnified Party (other than Landlord) or any of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to their personal assets (other than Landlord’s interest from time to time in the Property Building) for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable liability in respect to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or (and, without limiting the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond foregoing, neither the extent of their interest in the Property. No deficit negative capital account of any member Landlord Indemnified Party, nor any obligation of any Landlord Indemnified Party to restore a negative capital account or partner of Landlord to contribute capital to Landlord, shall at any time be deemed to be a liability of such member or partner the property or an asset of Landlord, and neither Tenant nor any of its successors or assigns shall have any right to collect, enforce or proceed against or with respect to any such negative capital account of an Landlord Indemnified Party’s obligation to restore or contribute). Any lien obtained to enforce Notwithstanding any judgment against contrary provision herein, neither Landlord nor the Landlord Indemnified Parties shall be subject and subordinate to liable under any mortgage encumbering the Property. In no event shall Landlord (or circumstances for any such persons) ever be liable to Tenant for indirect or consequential damagesdamages or any injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring. These covenants and agreements (in this Article 34) are enforceable by Landlord and the other Landlord Indemnified Parties and shall survive the expiration or any earlier termination of this Lease.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (Property; provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed relieved of any liability or obligation thereafter arising and, subject to Section 9.1, and Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligationobligation except for defaults by Landlord prior to such transfer (for which the transferor Landlord shall remain liable). Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, officer, director, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any equitable judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord or Tenant (or any such persons) ever be liable to Tenant the other party, or anyone claiming through or on behalf of such party, for indirect any special, indirect, punitive or consequential damages, including lost profits or revenues, except as otherwise provided in Section 3.02 with respect to a holdover by Tenant.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising provided the transferee Landlord has assumed said liability or obligation from and after the date of said transfer and, subject to Section 9.116.01, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. The foregoing sentence shall not apply to the Security Deposit, the transfer of which is addressed in Article 15. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any equitable judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesdamages (including loss of revenue, profits or data).

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual members, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Landlord), shall be liable only for breaches of its covenants occurring while it is owner of the Property (providedlimited solely to, however, that if Landlord from time to time is lessee of the ground or improvements constituting Landlord’s interest in the Building, then and no other assets of Landlord. The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Landlord are concerned, shall be limited to mean and include only the owner or owners, at the time in question, of the fee title to, or a lessee’s interest in a ground lease of, the Property. In the event of any transfer or conveyance of any such title or interest (other than a transfer for security purposes only), the transferor shall be automatically relieved of all covenants and obligations on the part of Landlord contained in this Lease. Landlord and Landlord’s period transferees and assignees shall have the absolute right to transfer all or any portion of ownership of their respective title and interest in the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of Premises, the Building, the transferor Landlord (including any mortgagee) Property and/or this Lease without the consent of Tenant, and such transfer or subsequent transfer shall not be freed deemed a violation on Landlord’s part of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to of the transferee Landlord as aforesaid for satisfaction terms and conditions of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesLease.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.19.02, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damages.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Landlord), shall be liable only for breaches limited solely to, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Landlord’s interest in the Property, and sales and insurance proceeds, and no other assets of its Landlord. The term “Landlord” as used in this Lease, so far as covenants occurring while it is owner or obligations on the part of the Property (providedLandlord are concerned, howevershall be limited to mean and include only the owner or owners, that if Landlord from at the time to time is lessee in question, of the fee title to, or a lessee’s interest in a ground lease of, the Property. In the event of any transfer or improvements constituting conveyance of any such title or interest (other than a transfer for security purposes only), the Building, then transferor shall be automatically relieved of all covenants and obligations on the part of Landlord contained in this Lease. Landlord and Landlord’s period transferees and assignees shall have the absolute right to transfer all or any portion of ownership of their respective title and interest in the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of Premises, the Building, the transferor Landlord (including any mortgagee) Property and/or this Lease without the consent of Tenant, and such transfer or subsequent transfer shall not be freed deemed a violation on Landlord’s part of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to of the transferee Landlord as aforesaid for satisfaction terms and conditions of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesLease.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (Unit; provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property Unit shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the BuildingUnit, the transferor Landlord (including any mortgagee) shall be freed relieved of any liability or obligation thereafter arising and, subject to Section 9.1, and Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligationobligation except for defaults by Landlord prior to such transfer (for which the transferor Landlord shall remain liable). Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property Unit for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, officer, director, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any equitable judicial proceeding or order beyond the extent of their interest in the PropertyUnit. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the PropertyUnit (either by itself or as part of a larger mortgaged property). In no event shall Landlord (or any such persons) or Tenant ever be liable to Tenant the other party, or anyone claiming through or on behalf of such party, for indirect any special, indirect, punitive or consequential damages, including lost profits or revenues; provided, however, that the preceding provisions of this sentence shall not limit to Tenant’s liability to Landlord under Section 3.02 above in the event of a holdover by Tenant or anyone claiming by, through or under Tenant.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, and Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property (including the rents, issues, profits and proceeds thereof and therefrom) for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect indirect, special, consequential or consequential punitive damages.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord's members or partners, and Tenant shall not seek recourse against the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord's members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Landlord), shall be liable only for breaches limited solely to, and Tenant's and its successors' and assigns' sole and exclusive remedy shall be against, Landlord's interest in the Property, and no other assets of its Landlord. The term "Landlord" as used in this Lease, so far as covenants occurring while it is owner or obligations on the part of the Property (providedLandlord are concerned, howevershall be limited to mean and include only the owner or owners, that if Landlord from at the time to time is lessee in question, of the fee title to, or a lessee's interest in a ground lease of, the Property. In the event of any transfer or improvements constituting conveyance of any such title or interest (other than a transfer for security purposes only), the Building, then Landlord’s period of ownership of the Property transferor shall be deemed automatically relieved of all covenants and obligations thereafter to mean only that period while be performed on the part of Landlord holds such leasehold interest)contained in this Lease. Upon Landlord and Landlord's transferees and assignees shall have the absolute right to transfer all or any sale or transfer portion of their respective title and interest in the Premises, the Building, the transferor Landlord (including any mortgagee) Property and/or this Lease without the consent of Tenant, and such transfer or subsequent transfer shall not be freed deemed a violation on Landlord's part of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to of the transferee Landlord as aforesaid for satisfaction terms and conditions of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesLease.

Limitation on Landlord’s Liability. It is expressly understood and agreed by Tenant agrees that Landlord shall be liable only for breaches none of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale covenants, undertakings or transfer of the Buildingagreements are made or intended as personal covenants, the transferor Landlord (including any mortgagee) shall be freed of any liability undertakings or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default agreements by Landlord or failure the members in Landlord, and any liability of Landlord or the members in Landlord for damages or breach or nonperformance by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due otherwise arising under or in connection with this Lease or the Premises; nor relationship of Landlord and Tenant hereunder, shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent collectible only out of their Landlord’s interest in the Property, as the same may then be encumbered, and no personal liability is assumed by, nor at any time may be asserted against any of the Landlord Parties, all such liability, if any, being expressly waived and released by Tenant. No deficit capital account Tenant further expressly understands and agrees that Landlord’s agent executes this Lease, not in its own right but solely as Landlord’s agent and that nothing in this Lease shall be construed as creating any liability whatsoever against such Landlord’s agent, its members or their respective shareholders, directors, officers or employees and in particular, without limiting the generality of the foregoing, there shall be no liability to pay any member indebtedness or partner of sum accruing hereunder, or to perform any covenant or agreement whether express or implied herein contained, it being agreed that Landlord shall have sole responsibility therefor. Landlord shall have the right to sell or convey and/or master lease the Building or the Property, and in connection therewith, to transfer and assign its rights under this Lease, and upon any such transfer and assignment Landlord shall be deemed to be a liability released from all obligations of the landlord under this Lease accruing after the effective date of such member transfer or partner or an asset assignment, and Tenant agrees to look solely to the successor in interest of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering for the Property. In no event shall Landlord (or any performance of such persons) ever be liable to Tenant for indirect or consequential damagesobligations.

Limitation on Landlord’s Liability. If Landlord becomes obligated to pay Tenant agrees that any judgment arising out of any failure by the Landlord to perform or observe any of the terms, covenants conditions or provisions to be performed or observed by Landlord under this Lease, Tenant shall be liable only limited in the satisfaction of such judgment solely to Landlord's interest in the Building and the Property or any proceeds arising from the sale thereof and no other property or assets of Landlord or the individual partners, directors, officers or shareholders of Landlord or its constituent partners shall be subject to levy, execution or other enforcement procedure whatsoever for breaches the satisfaction of any such money judgment. In the event Tenant obtains a money judgment against Landlord and Landlord does not pay or bond over such money judgment within thirty (30) days after entry thereof, Tenant may offset the amount of such judgment, with interest at the Default Rate, against the Annual Basic Rent and Additional Rent payable under this Lease until, by virtue of such offset, Tenant shall have recovered the full amount of its covenants occurring while it is owner judgment. Exercise by Tenant of the Property (provided, however, that if Landlord from time to time is lessee foregoing right of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property offset shall not be deemed an election of remedies and Tenant shall have the right, either concurrently or consecutively, to mean only that period while Landlord holds such leasehold interest). Upon any sale pursue all other remedies available to Tenant at law or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising andin equity, subject to Section 9.1, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time limitation on remedies set forth in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesLease.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest)TENANT'S INDEMNITY; INSURANCE. Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to Landlord's then equity interest in the transferee Building at the time owned, insurance proceeds, and income from the Building, for recovery of any judgment from Landlord; it being agreed that neither Landlord as aforesaid for satisfaction (original or successor), nor any partner (general or limited), associate, executor, participant, principal, agent, employee, executor, or other fiduciary, beneficiary, officer, or other person or entity in or of such liability any partnership, association, joint venture, corporation or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest other entity, Trust, or Estate from time to time owning Landlord's interest in the Property for satisfaction of any claim against Landlord. No ownerthis Lease, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally liable for any such judgment, or individually liable for the payment of any monetary obligation to Tenant (it being agreed by Tenant that such exoneration from personal liability is and shall be absolute and complete with no exception whatsoever). With respect to any services to be furnished or obligations to be performed by Landlord to Tenant, Landlord shall never be responsible for failure to furnish or perform the same when (and the time for performance of the same shall be extended for such period as Landlord is) prevented from doing so by strike, lockout, breakdown, accident, order or regulation of or by any Governmental authority, or failure of supply, of inability to obtain supplies, parts or employees necessary to furnish such services, or because of war or other emergency, or for any cause beyond Landlord's control (financial reasons will not be a recognized cause hereunder), or for any cause due to any act or omission of Tenant, Tenant's invitees, customers, servants, agents, employees, licensees or any person claiming by, through or under Tenant (collectively "Force Majeure"). Except as otherwise specifically provided herein Landlord shall not be responsible for the loss of or through damage to property or death or injury to persons, occurring in or about the Premises, or the Building regardless of the cause thereof, including, without limitation, any loss or damage caused by: (a) any repairs or alterations, (b) any existing or future condition, defect, matter or thing in the Premises or the property of which the Premises are a part, whether caused by Tenant for or on account by Tenant's guests, its agents, employees or by others, or (c) defective electric wiring, or the breaking, bursting, stoppage or leaking of any default by Landlord part of the Premises or failure by Landlord to perform any of its obligations hereunderthe Building, including the plumbing, air conditioning, heating, fire control sprinkler systems, roof, or for gas, sewer or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Propertypipes. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect any indirect, special, or consequential damages.damages by reason of Landlord's breach or default of the terms of this Lease or otherwise. To the maximum extent this Agreement may be made effective, Tenant agrees to indemnify and save Landlord harmless from and against all claims of whatever nature arising in or about the Premises or the park from any act or omission of Tenant, or Tenant's contractors, licensees, agents, invitees, servants or employees. This indemnity and hold harmless Agreement shall include indemnity against all costs, expenses and liabilities occurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof with counsel acceptable to Landlord, but shall exclude casualty, condemnation and matters resulting from a failure by Landlord to perform its obligations hereunder. Tenant agrees to maintain in full force throughout the term of this Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of public liability and property damage insurance under which Landlord is named as additional insured, and under which the insurer agrees to indemnify and hold Landlord and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages mentioned in this section, in the broadest form of such coverage from time to time available in the State of Connecticut. Each policy required to be maintained hereunder by Landlord and Tenent shall contain full waiver of the right of subrogation of such insurance company against the other party and its officers, directors and partners and those in privity with the other party and its officers, directors and partners and those in privity with the other party and shall be non- cancelable and non-amendable with respect to such party and such party's designees without ten (10) days prior notice to such other party; a duplicate original or certificate thereof shall be delivered to such other party. With respect to the liability policy of Tenent, the minimum limits of liability of such insurance shall be as specified in Article I. ARTICLE XVI ----------- Damage to Premises 16.1

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest)TENANT'S INDEMNITY; INSURANCE. Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to Landlord's then equity interest in the transferee Building at the time owned and for the security deposit, for recovery of any judgment from Landlord; it being agreed that neither Landlord as aforesaid for satisfaction (original or successor), nor any partner (general or limited), associate, executor, participant, principal, agent, employee, executor, or other fiduciary, beneficiary, officer, or other person or entity in or of such liability any partnership, association, joint venture, corporation or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest other entity, Trust, or Estate from time to time owning Landlord's interest in the Property for satisfaction of any claim against Landlord. No ownerthis Lease, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally liable for any such judgment, or individually liable for the payment of any monetary obligation to Tenant (it being agreed by Tenant that such exoneration from personal liability is and shall be absolute and complete with no exception whatsoever). With respect to any services to be furnished or obligations to be performed by Landlord to Tenant, Landlord shall never be responsible for failure to furnish or perform the same when (and the time for performance of the same shall be extended for such period as Landlord is) prevented from doing so by strike, lockout, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, of inability to obtain supplies, parts or employees necessary to furnish such services, or because of war or other emergency, or for any cause beyond Landlord's reasonable control, or for any cause due to any act or omission of Tenant, Tenant's invitees, customers, servants, agents, employees, licensees or any person claiming by, through or under Tenant. Except as otherwise specifically provided herein or through as required by law, Landlord shall not be responsible for the loss of or damage to property or death or injury to persons, occurring in or about the Premises, or the Building regardless of the cause thereof, including, without limitation, any loss or damage caused by: (a) any repairs or alterations, (b) any existing or future condition, defect, matter or thing in the Premises or the property of which the Premises are a part, whether caused by Tenant for or on account by Tenant's guests, its agents, employees or by others, or (c) defective electric wiring, or the breaking, bursting, stoppage or leaking of any default by Landlord part of the Premises or failure by Landlord to perform any of its obligations hereunderthe Building, including the plumbing, air conditioning, heating, fire control sprinkler systems, roof, or for gas, sewer or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Propertypipes. In no event shall Landlord (or any such persons) either party ever be liable to Tenant the other for indirect any indirect, special, or consequential damagesdamages by reason of breach or default of the terms of this Lease or otherwise. To the maximum extent this Agreement may be made effective, Tenant agrees to indemnify and save Landlord harmless from and against all claims of whatever nature arising in or about the Premises from any intentional act or omission of Tenant, or Tenant's servants or employees, occurring after the commencement of this Lease term and until the end of this Lease term and thereafter, so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless Agreement shall include indemnity against all costs, expenses and liabilities occurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof with counsel acceptable to Landlord. Landlord agrees to seek compensation first from the insurance policies described in the immediately subsequent sentence prior to seeking compensation from Tenant pursuant to this paragraph. Tenant agrees to maintain in full force throughout the term of this Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of public liability and property damage insurance under which Landlord (and such other directors or partners thereof as specified by Landlord by notice to Tenant from time to time) and Tenant are named as insured, and under which the insurer agrees to indemnify and hold Landlord and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages mentioned in this section, in the broadest form of such coverage from time to time available in the State of Connecticut. Each such policy shall contain full waiver of the right of subrogation of such insurance company against Landlord and its officers, directors and partners and those in privity with Landlord and its officers, directors and partners and shall be non-cancelable and non-amendable with respect to Landlord and Landlord's designees without ten (10) days prior notice to Landlord; a duplicate original or certificate thereof shall be delivered to Landlord. The minimum limits of liability of such insurance shall be as specified in Article I. Such insurance shall be increased from time to time as required by Landlord.

Limitation on Landlord’s Liability. Tenant agrees that Neither Landlord nor Landlord's agents or employees shall be liable only to Tenant and Tenant hereby waives all claims against Landlord, its agents and employees for breaches of its covenants occurring while it is owner any injury or damage to any person or property in, upon or about the Premises, the Building or the Facility, by or from any cause whatsoever (other than due to gross negligence or willful misconduct of the Property (providedLandlord, howeveror its agents or employees) and, that if Landlord from time to time is lessee without limiting the generality of the ground foregoing, whether caused by water leakage of any character from the roof, walls, basement or improvements constituting the Building, then Landlord’s period of ownership other portion of the Property Premises, the Building or the Facility, or caused by gas, fire, steam, oil or electricity in, upon or about the Premises or Facility. Landlord and Landlord's agents and employees shall not be deemed liable for any damage to mean only that period while any of Tenant's personal property entrusted to Landlord, and its employees, nor for loss of or damage to any of Tenant's personal property by theft or otherwise except when caused by Landlord's gross negligence or willful misconduct. Landlord holds such leasehold interest). Upon and Landlord's agents and employees shall not be liable for any sale latent or transfer patent defect in the Premises or the Facility or for any consequential damages arising out of any loss of use of the Building, Premises. Tenant shall give prompt written notice to Landlord in case of damage caused by fire or accident on the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Premises. Tenant shall look solely to the transferee Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of Landlord Indemnified Parties (as aforesaid hereinafter defined). The liability of Landlord for satisfaction of such liability or obligation. Tenant Landlord's obligations under this Lease shall not exceed and each person acting under Tenant agrees to look solely shall be limited to Landlord’s 's interest from time to time in the Property Building and Tenant shall not look to any other property or assets in seeking either to enforce Landlord's obligations under this Lease to satisfy a judgment for satisfaction of any claim Landlord's failure to perform such obligations. Notwithstanding the foregoing, Tenant shall have recourse against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account net proceeds realized by Landlord on the sale of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesBuilding.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of Notwithstanding anything contained in this Lease to the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Buildingcontrary, the transferor obligations of Landlord under this Lease (including any mortgageeactual or alleged breach or default by Landlord) shall be freed do not constitute personal obligations of any liability the individual partners, directors, officers, members or obligation thereafter arising andshareholders of Landlord or Landlord's partners, subject to Section 9.1, and Tenant shall look solely to not seek recourse against the transferee individual partners, directors, officers, members or shareholders of Landlord as aforesaid for satisfaction or Landlord's partners, or any of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property their personal assets for satisfaction of any claim against Landlordliability with respect to this Lease. No ownerIn addition, trusteein consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, beneficiary, partner, member, manager, agent, or employee Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (or including any liability as a result of any mortgagee actual or any lender alleged failure, breach or ground or improvements lessor) nor any person acting under any default hereunder by Landlord), shall be limited to the fair market value of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their Landlord's equity interest in the PropertySite. No deficit capital account The foregoing provisions are not intended to relieve Landlord from the performance of any member or partner of Landlord's obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord, nor shall this Paragraph 34 be deemed to limit Tenant's rights to obtain injunctive relief or specific performance or other remedy which may be accorded Tenant at law, in equity or under this Lease. Notwithstanding the foregoing, should Landlord elect to self-insure for any of the risks for which insurance is required to be carried by Landlord under this Lease, the limitation of liability provided in this Paragraph 34 shall not apply to the extent that: (a) Tenant has a liability of claim against Landlord for sums that would have been paid by Landlord's insurance had Landlord carried such member or partner or an asset insurance; and (b) the value of Landlord. Any lien obtained 's interest in the Site and the proceeds therefrom is insufficient to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any satisfy such persons) ever be liable to Tenant for indirect or consequential damagesclaim.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of Notwithstanding anything contained in this Lease to the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Buildingcontrary, the transferor obligations of Landlord under this Lease (including any mortgageeactual or alleged breach or default by Landlord) shall be freed do not constitute personal obligations of any liability the Individual partners, members, directors, officers or obligation thereafter arising andshareholders of Landlord or Landlord’s constituent partners or members, subject to Section 9.1, and Tenant shall look solely to not seek recourse against the transferee individual partners, members, directors, officers or shareholders of Landlord as aforesaid for satisfaction or of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property constituent partners or members, or any of their personal assets for satisfaction of any claim against liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Xxxxxxxx), shall be limited solely to, and Xxxxxx’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Xxxxxxxx’s interest in the Project and proceeds therefrom, and no other assets of Landlord. No ownerNotwithstanding any contrary provision herein, trustee, beneficiary, partner, member, manager, agent, or employee of neither Landlord (nor or of any mortgagee of the partners which comprise Landlord, if any, or any lender of the officers, shareholders, directors, partners or ground or improvements lessorprincipals of such partners comprising Landlord, (if any) nor any person acting wherever situated) shall be liable under any of them shall ever be personally circumstances for injury or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunderdamage to, or for interference with, Xxxxxx’s business, including loss of profits, loss of rents or on account other revenues, loss of any amount business opportunity, loss of goodwill or obligations that loss of use, in each case, however occurring. Except as may be necessary to secure jurisdiction of Landlord, no constituent partner or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to sued or named as a party in any suit or action and no service of process shall be a liability of such member or made against any partner or an asset member of Landlord. Any lien obtained to enforce any judgment against No constituent partner or member of Landlord shall be subject and subordinate required to answer or otherwise plead to any mortgage encumbering service of process. No judgment will be taken against any constituent partner or member of Landlord and any judgment taken against any constituent partner or member of Landlord may be vacated and set aside at any time after the Propertyfact. In no event shall The provisions of this Section 31 are enforceable both Landlord (and also by any individual partners, members, directors, officers or shareholders of Landlord and any such persons) ever be liable to Tenant for indirect of Landlord’s constituent partners or consequential damagesmembers.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual members, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Landlord), shall be liable only for breaches limited solely to, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Landlord’s interest in the Property, and no other assets of its Landlord. The term “Landlord” as used in this Lease, so far as covenants occurring while it is owner or obligations on the part of the Property (providedLandlord are concerned, howevershall be limited to mean and include only the owner or owners, that if Landlord from at the time to time is lessee in question, of the fee title to, or a lessee’s interest in a ground lease of, the Property. In the event of any transfer or improvements constituting conveyance of any such title or interest (other than a transfer for security purposes only), the Building, then transferor shall be automatically relieved of all future covenants and obligations on the part of Landlord contained in this Lease. Landlord and Landlord’s period transferees and assignees shall have the absolute right to transfer all or any portion of ownership of their respective title and interest in the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of Premises, the Building, the transferor Landlord (including any mortgagee) Property and/or this Lease without the consent of Tenant, and such transfer or subsequent transfer shall not be freed deemed a violation on Landlord’s part of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to of the transferee Landlord as aforesaid for satisfaction terms and conditions of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesLease.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners or any other p ersons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Xxxxxxxx), shall be liable only for breaches of limited solely to, and Xxxxxx’s and its covenants occurring while it is owner of the Property (providedsuccessors’ and assigns’ sole and exclusive remedy shall be against, however, that if Landlord from time to time is lessee of the ground or improvements constituting Xxxxxxxx’s interest in the Building, then and no other assets of Landlord’s period of ownership . The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Property Landlord are concerned, shall be deemed limited to mean and include only the owner or owners, at the time in question, of the fee title to, or a lessee’s interest in a ground lease of, the Property. In the event of any transfer or conveyance of any such title or interest (other than a transfer for security purposes only), the transferor shall be automatically relieved of all covenants and obligations on the part of Landlord contained in this Lease, provided that period while the transferee agrees to assume all such covenants and obligations. Landlord holds such leasehold interest). Upon and Xxxxxxxx’s transferees and assignees shall have the absolute right to transfer all or any sale or transfer portion of their respective title and interest in the Premises, the Building, the transferor Landlord (including any mortgagee) Property and/or this Lease without the consent of Tenant, and such transfer or subsequent transfer shall not be freed deemed a violation on Landlord’s part of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to of the transferee Landlord as aforesaid for satisfaction terms and conditions of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damagesLease.

Limitation on Landlord’s Liability. Tenant agrees that Subject to the terms of Section 10.03 below, neither Landlord nor Landlord's agents or employees shall be liable only to Tenant and Tenant hereby waives all claims against Landlord, its agents and employees for breaches of its covenants occurring while it is owner any injury or damage to any person or property in, upon or about the Premises, the Building or the Facility, by or from any cause whatsoever (other than due to negligence or willful misconduct of the Property (providedLandlord, howeveror its agents or employees) and, that if Landlord from time to time is lessee without limiting the generality of the ground foregoing, whether caused by water leakage of any character from the roof, walls, basement or improvements constituting the Building, then Landlord’s period of ownership other portion of the Property Premises, the Building or the Facility, or caused by gas, fire, steam, oil or electricity in, upon or about the Premises or Facility. Subject to the terms of Section 10.03 below, Landlord and Landlord's agents and employees shall not be deemed liable for any damage to mean only that period while any of Tenant's personal property entrusted to Landlord, and its employees, nor for loss of or damage to any of Tenant's personal property by theft or otherwise except when caused by Landlord's gross negligence or willful misconduct. Except as may be expressly set forth herein, Landlord holds such leasehold interest). Upon and Landlord's agents and employees shall not be liable for any sale latent or transfer patent defect in the Premises or the Facility or for any consequential damages arising out of any loss of use of the Building, Premises. Tenant shall give prompt written notice to Landlord in case of damage caused by fire or accident on the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Premises. Tenant shall look solely to the transferee Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of Landlord Indemnified Parties (as aforesaid hereinafter defined). The liability of Landlord for satisfaction of such liability or obligation. Tenant Landlord's obligations under this Lease shall not exceed and each person acting under Tenant agrees to look solely shall be limited to Landlord’s 's interest from time to time in the Property Building and Tenant shall not look to any other property or assets in seeking either to enforce Landlord's obligations under this Lease to satisfy a judgment for satisfaction Landlord's failure to perform such obligations. Notwithstanding the foregoing, Tenant shall have recourse against Landlord to the extent of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessori) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default the net proceeds actually realized by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease the sale of the Building, (ii) any net insurance proceeds actually received by Landlord for fire or other casualty at the Premises; nor shall it Building and (iii) any net condemnation proceeds actually received by Landlord in connection with a taking or they ever be answerable or liable in any judicial proceeding or order beyond appropriation of the extent Building under the power of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damageseminent domain.

Limitation on Landlord’s Liability. It is expressly understood and agreed by Tenant agrees that none of Landlord's representations, warranties, covenants, undertakings or agreements (save and except only the representation and warranty by Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time contained in the Property for satisfaction last sentence of any claim against Landlord. No ownerSection 3(b) above) are made or intended as personal representations, trusteewarranties, beneficiarycovenants, partner, member, manager, agent, undertakings or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default agreements by Landlord or failure the members in Landlord, and any liability of Landlord or the members in Landlord for damages or breach or nonperformance by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due otherwise arising under or in connection with this Lease or the Premises; nor relationship of Landlord and Tenant hereunder, shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent collectible only out of their Landlord's interest in the Property (including any insurance proceeds and condemnation awards received by Landlord from the Property after the date of such breach or non-performance by Landlord and the Security Deposit), as the same may then be encumbered, and no personal liability is assumed by, nor at any time may be asserted against any of the Landlord Parties, all such liability, if any, being expressly waived and released by Tenant. Tenant further expressly understands and agrees that Landlord's agent executes this Lease, not in its own right but solely as Landlord's agent and that nothing in this Lease shall be construed as creating any liability whatsoever against such Landlord's agent, its members or their respective shareholders, directors, officers or employees and in particular, without limiting the generality of the foregoing, there shall be no liability to pay any indebtedness or sum accruing hereunder, or to perform any covenant or agreement whether express or implied herein contained, it being agreed that Landlord shall have sole responsibility therefor. Landlord shall have the right to sell or convey and/or master lease the Property. No deficit capital account of , and in connection therewith, to transfer and assign its rights under this Lease, and upon any member or partner of such transfer and assignment Landlord shall be deemed to be a liability released from all obligations of the landlord under this Lease accruing after the effective date of such member transfer or partner or an asset assignment, and Tenant agrees to look solely to the successor in interest of LandlordLandlord for the performance of such obligations. Any lien obtained END OF TERMS AND CONDITIONS 177305.3 050137-31403 6/26/03 Form Retail Lease Agreement 2001.12 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Land located in the Township of Cascade, County of Kent, State of Michigan, more particularly described as Xxx 00, Xxxxxxxxxxxx Xxxxxxxx Xxxx, Xxxxxxx 00, Xxxx 6 North, Range 10 West, as recorded in Liber 91 of Plats, Pages 21 through 31, Kent County, Michigan Records. 177305.3 050137-31403 6/26/03 Form Retail Lease Agreement 2001.12 EXHIBIT B [SITE PLAN OF PROPERTY] 177305.3 050137-31403 6/26/03 Form Retail Lease Agreement 2001.12 EXHIBIT C COMMENCEMENT DATE CONFIRMATION DECLARATION BY LANDLORD AND TENANT AS TO DATE OF DELIVERY AND ACCEPTANCE OF POSSESSION OF PROPERTY Attached to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering made a part of the PropertyIndustrial Lease dated the__________day of_____________________,________, entered into and by MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, as LANDLORD, and RIVIERA TOOL COMPANY,. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damages.as TENANT. LANDLORD AND TENANT do hereby declare that possession of the Property was accepted by TENANT on the_______________ day of___________________,______. The Lease is now in full force and effect, and as of the date hereof, LANDLORD has fulfilled all of its obligations under the Lease. The Commencement Date is established as___________________, _______. The Expiration Date is established as___________________________,______. LANDLORD: MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY By: Cornerstone Real Estate Advisers, Inc., its agent By:______________________________________ Name Typed: Title: Date: TENANT: RIVIERA TOOL COMPANY By:__________________________ Name Typed: Title: Date: 177305.3 050137-31403 6/26/03 Form Retail Lease Agreement 2001.12 RIDERS

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s 's period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, and Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s 's interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any equitable judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damages.

Limitation on Landlord’s Liability. Tenant agrees that Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord shall be liable only for breaches of its covenants occurring while it is owner under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the Property (providedindividual members, howevermanagers, that if investors, partners, directors, officers, or shareholders of Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale members or transfer of the Buildingpartners, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, and Tenant shall look solely to not seek recourse against the transferee individual members, managers, investors, partners, directors, officers, or shareholders of Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s members or partners or any other persons or entities having any interest from time to time in the Property Landlord, or any of their personal assets for satisfaction of any claim against Landlordliability with respect to this Lease. No ownerIn addition, trusteein consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, beneficiary, partner, member, manager, agent, or employee Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (or including any liability as a result of any mortgagee actual or any lender alleged failure, breach or ground or improvements lessor) nor any person acting under any of them default hereunder by Landlord), shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of limited solely to, and Tenant’s and its obligations hereundersuccessors’ and assigns’ sole and exclusive remedy shall be against, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their Landlord’s interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset Facility, and no other assets of Landlord. Any lien obtained to enforce any judgment against The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Landlord are concerned, shall be subject limited to mean and subordinate to any mortgage encumbering include only the owner or owners, at the time in question, of the fee title to, or a lessee’s interest in a ground lease of, the Property. In no the event of any transfer or conveyance of any such title or interest (other than a transfer for security purposes only), the transferor shall be automatically relieved of all covenants and obligations on the part of Landlord (contained in this Lease. Landlord and Landlord’s transferees and assignees shall have the absolute right to transfer all or any portion of their respective title and interest in the Premises, the Facility, the Property and/or this Lease without the consent of Tenant, and such persons) ever transfer or subsequent transfer shall not be liable to Tenant for indirect or consequential damagesdeemed a violation on Landlord’s part of any of the terms and conditions of this Lease.

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the BuildingBuilding (or Landlord’s interest as ground lessee, as applicable), the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising to the extent that such liabilities and obligations are assumed by such transferee and, subject to Section 9.1thereafter, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property, including the rents, insurance process and condemnation proceeds therefrom, and the proceeds from the sale of the Property received by Landlord if the successor to Landlord does not expressly assume in writing and agree to be responsible for prior Landlord’s obligations and actions under the Lease, for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any equitable judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damages.the

Limitation on Landlord’s Liability. Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.19.02, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant Xxxxxx agrees to look solely to LandlordXxxxxxxx’s interest from time to time in the Property for satisfaction of any claim against Landlord. No owner, trustee, beneficiary, partner, member, manager, agent, or employee of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or any such persons) ever be liable to Tenant for indirect or consequential damages.

Limitation on Landlord’s Liability. Release of Trustees, Officers and --------------------------------------------------------------------- Partners of Landlord -------------------- Tenant agrees that in the event Tenant shall have any claim against Landlord under this Lease arising out of the subject matter of this Lease, Tenant's sole recourse shall be against the Landlord's interest in the Building, for the satisfaction of any claim, judgment or decree requiring the payment of money by Landlord as a result of a breach hereof or otherwise in connection with this Lease, and no other property or assets of Landlord, its successors or assigns, shall be subject to the levy, execution or other enforcement procedure for the satisfaction of any such claim, judgment, injunction or decree. Moreover, Tenant agrees that Landlord shall in no event and under no circumstances be liable only responsible for breaches any consequential damages incurred or sustained by Tenant, or its employees, agents, contractors or invitees as a result of its covenants occurring while it is owner or in any way connected to Tenant's occupancy of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligationPremises. Tenant further hereby waives any and each person acting under Tenant agrees all right to look solely to Landlord’s interest from time to time in the Property for satisfaction of assert any claim against Landlordor obtain any damages from, for any reason whatsoever, the trustees, directors, officers and partners of Landlord including all injuries, damages or losses to Tenant's property, real and personal, whether known, unknown, foreseen, unforeseen, patent or latent, which Tenant may have against Landlord or its directors, officers or partners under this Lease or arising out of the subject matter of this Lease. No ownerTenant understands and acknowledges the significance and consequence of such specific waiver. Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by theft, trusteefire, beneficiaryact of God, partnerpublic enemy, memberinjunction, managerriot, agentstrike, insurrection, war, court order, requisition, or employee order of Landlord (governmental body or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunderauthority, or for any damage or on account inconvenience that may arise through repair or alteration of any amount or obligations that may be or become due under or in connection with this Lease part of the Project, the Building or the Premises; nor shall it , or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed a failure to be a liability of such member or partner or an asset of Landlord. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Property. In no event shall Landlord (or make any such persons) ever be liable to Tenant for indirect or consequential damagesrepairs, except as expressly provided in this Lease.

Limitation on Landlord’s Liability. To the extent not expressly prohibited by law and except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees, contractors, or any of the Landlord’s Related Parties, Tenant releases Landlord, its beneficiaries, mortgagees, stockholders, agents (including, without limitation, management agents), partners, officers, servants and employees, and their respective agents, partners, officers, servants and employees (“Related Parties”), from and waives all claims for damages to person or property sustained by Tenant or by any occupant of the Premises or the Building, or by any other person, resulting directly or indirectly from: (i) fire or other casualty (but the same shall not affect Landlord’s obligations under Article 9 of this Lease); (ii) any existing or future condition, defect, matter or thing in the Premises, the Building or any part thereof, or from any equipment or appurtenance therein; (iii) any accident in or about the Building; or (iv) any act (including, without limitation, violation of rules) or neglect of any tenant or other occupant of the Building or of any other person, other than Landlord or its agents or Landlord’s Related Parties. Landlord shall not be liable for any claim, loss or damage to person or property which is either covered by insurance or which Tenant is required to insure under this Lease. Tenant shall look to its property damage or business interruption insurance policies, and not to Landlord for any loss incurred as a result of damage to its property or interruption of its business unless such damage or interruption is a direct result of the negligence or willful misconduct of Landlord, its agents, employees, contractors, or any of the Landlord’s Related Parties. Tenant agrees that in the event Tenant shall have any claim against Landlord or Landlord’s Related Parties under this Lease arising out of the subject matter of this Lease, Tenant’s sole recourse shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting against Landlord’s interest in the Building, then Landlord’s period of ownership of for the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant and each person acting under Tenant agrees to look solely to Landlord’s interest from time to time in the Property for satisfaction of any claim against Landlord. No ownerclaim, trustee, beneficiary, partner, member, manager, agent, judgment or employee decree requiring the payment of Landlord (or of any mortgagee or any lender or ground or improvements lessor) nor any person acting under any of them shall ever be personally or individually liable to Tenant or any person claiming under or through Tenant for or on account of any default money by Landlord or failure by Landlord to perform any Landlord’s Related Parties as a result of its obligations hereunder, a breach hereof or for or on account of any amount or obligations that may be or become due under or otherwise in connection with this Lease Lease, and no other property or the Premises; nor shall it or they ever be answerable or liable in any judicial proceeding or order beyond the extent of their interest in the Property. No deficit capital account of any member or partner of Landlord shall be deemed to be a liability of such member or partner or an asset assets of Landlord. Any lien obtained to enforce any judgment against Landlord , Landlord’s Related Parties or their successors or assigns, shall be subject to the levy, execution or other enforcement procedure for the satisfaction of any such claim, judgment, injunction or decree. Under no circumstances shall either party be liable for, and subordinate to any mortgage encumbering the Property. In no event shall Landlord (each party hereby waives, consequential, punitive, special, or exemplary damages, or any damages similar thereto, excluding (i) any such personsdamages that arise out of a violation by Tenant of its obligations pursuant to Article 18 hereof and (ii) ever be liable to Tenant for indirect or such consequential damagesdamages specified in Article 17 hereof.