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. 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. 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 (providedLandlord's covenants, howeverundertakings or agreements are made or intended as personal covenants, that if Landlord from time to time is lessee of the ground undertakings 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 agreements by Landlord or failure the partners in Landlord, and any liability of Landlord or the partners 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 PropertyLand and Building (or if Landlord is the beneficiary of a land trust, Landlord's right, title and interest in such land trust), in each case as the same may then be encumbered, and no personal liability is assumed by, nor at any time may be asserted against, Landlord or the partners in Landlord or any of its or their officers, agents, employees, legal representatives, successors or assigns, 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 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 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 damageshave sole responsibility therefor.

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, 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. 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. 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. 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. 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 (providedLandlord's covenants, howeverundertakings or agreements are made or intended as personal covenants, that if Landlord from time to time is lessee of the ground undertakings 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 agreements by Landlord or failure the partners in Landlord, and any liability of Landlord or the partners 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 PropertyProperty (or if Landlord is the beneficiary of a land trust, Landlord's right, title and interest in such land trust), in each case as the same may then be encumbered, and no personal liability is assumed by, nor at any time may be asserted against, Landlord or the partners in Landlord or any of its or their officers, agents, employees, legal representatives, successors or assigns, 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 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 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 damageshave sole responsibility therefor.

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. 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, 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. 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 undertakings or agreements by Landlord, and 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 (for damages or of any mortgagee breach 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 nonperformance 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 otherwise arising under or in connection with this Agreement or the 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 PropertyProperty (or if Landlord is the beneficiary of a land trust, Landlord’s right, title and interest in such land trust), in each case as the same may then be encumbered, and no personal liability is assumed by, nor at any time may be asserted against, Landlord, its members or its other owners, direct or remote, all such liability, if any, being expressly waived and released by Tenant. No deficit capital account The limitations of any member or partner liability of Landlord contained herein shall apply equally to and inure to the benefit of the Landlord Protected Parties. Tenant further expressly understands and agrees that if any instrument involving the Building is executed by Landlord’s agent (“Landlord’s Agent”) on behalf of Landlord, then Landlord’s Agent executes such instrument, not in its own right but solely as Landlord’s Agent and that nothing in this Lease shall be deemed to construed as creating any liability whatsoever against such Landlord’s Agent, its owners, direct and remote, and their respective directors, officers or employees and in particular, without limiting the generality of the foregoing, there shall be a no liability of such member Landlord’s Agent to pay any indebtedness or partner sum accruing thereunder, or an asset of Landlord. Any lien obtained to enforce perform any judgment against covenant or agreement whether expressed or implied therein contained, it being agreed that 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 damageshave sole responsibility therefor.

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. 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. 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. 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 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. 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. 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.