Common use of LIMITATIONS ON LANDLORD'S LIABILITY Clause in Contracts

LIMITATIONS ON LANDLORD'S LIABILITY. The term "Landlord" as used herein shall mean only the owner or owners, at the time in question, of the fee title of the Premises. If Landlord transfers its interest in this Lease other than for security purposes, Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to Tenant within 15 business days after the date of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all liability toward Tenant arising from this Lease due to any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease, provided Landlord's purchaser or assignee expressly assumes Landlord's duties and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, Landlord shall not be liable for any business interruption, property damage or personal injury (including death) sustained by Tenant or any person claiming through Tenant resulting from any accident, casualty, or other event or matter of any kind or nature occurring on or about the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated above.

LIMITATIONS ON LANDLORD'S LIABILITY. The If Landlord shall fail to perform any covenant, term "or condition of this Lease upon Landlord" ’s part to be performed, and if as used herein a consequence of such default Tenant shall mean recover a CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. money judgment against Landlord, such judgment shall be satisfied only by the owner interest of Landlord in the Project, provided that in no event shall such liability extend to any insurance proceeds received by Landlord or ownersany Landlord Parties in connection with the Project, at the time in question, of the fee title of Building or the Premises. If None of the Landlord transfers its interest Parties shall have any personal liability therefor, and Tenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. The limitations of liability contained in this Lease other than for security purposes, Landlord Article XVI shall cause its assignee or transferee inure to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy benefit of the effective instrument Landlord’s and all Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of transfer to Tenant within 15 business days after Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the date performance of transferLandlord’s obligations under this Lease. Tenant Notwithstanding any contrary provision herein, neither Landlord nor any Landlord Parties shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance liable under any circumstances for injury or condemnation trusteedamage to, or interference with, Tenant’s business, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transferto, Landlord shall be released from all liability toward Tenant arising from this Lease due to any actloss of profits, occurrence or omission loss of Landlord's successors occurring after the transfer of Landlord's interest in this Lease, provided Landlord's purchaser or assignee expressly assumes Landlord's duties and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, Landlord shall not be liable for any business interruption, property damage or personal injury (including death) sustained by Tenant or any person claiming through Tenant resulting from any accident, casualty, rents or other event revenues, loss of business opportunity, loss of goodwill or matter loss of any kind or nature occurring on or about the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated aboveuse, in each case, however occurring.

LIMITATIONS ON LANDLORD'S LIABILITY. The term "It is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any Applicable Regulations to the contrary, the liability of Landlord hereunder (including any successor landlord hereunder) and any recourse by Xxxxxx against Landlord shall be limited solely and exclusively to the interest of Landlord in and to the Project. Neither Landlord nor Landlord" as used herein 's affiliates, members, managers, shareholders, officers, directors, agents, or employees shall mean have any personal liability therefor, and Tenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. Xxxxxx’s rights to pursue Xxxxxxxx’s interest in the Project arise only after a judgment is entered in the owner or owners, at the time in question, of the fee title applicable tribunal against Landlord. Tenant waives any right to record a lis pendens against any portion of the Premises. In the event of an alleged default by Landlord under this Lease, Tenant may in no event offset its rent, or perform Landlord’s obligations (except in an emergency), or deduct any amounts from Tenant’s rental obligations under this Lease; Xxxxxx’s sole remedies are to bring an appropriate action for specific performance against Landlord or to sue Landlord for damages, and only after giving Landlord written notice and a reasonable period of time within which to cure its default. If Landlord sells or transfers its interest in this Lease other than for security purposes, Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy any portion of the effective instrument Premises, Landlord, on consummation of transfer to Tenant within 15 business days after the date of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance sale or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all any liability toward Tenant arising from this Lease due to any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in thereafter accruing under this Lease, provided except for any breach by Landlord prior to the consummation of the sale or transfer. If any security deposit or prepaid rent has been paid by Tenant, Landlord may transfer the security deposit or prepaid rent to Landlord's purchaser or assignee expressly assumes Landlord's duties successor-in-interest and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, on such transfer Landlord shall not be liable for any business interruption, property damage or personal injury (including death) sustained by Tenant or any person claiming through Tenant resulting discharged from any accident, casualty, further liability arising from the security deposit or other event or matter of any kind or nature occurring on or about the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated aboveprepaid rent.

LIMITATIONS ON LANDLORD'S LIABILITY. The term "It is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any Applicable Regulations to the contrary, the liability of Landlord hereunder (including any successor landlord hereunder) and any recourse by Tenant against Landlord shall be limited solely and exclusively to the interest of Landlord in and to the Project. Neither Landlord nor Landlord" as used herein 's affiliates, members, managers, shareholders, officers, directors, agents, or employees shall mean have any personal liability therefor, and Tenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. Tenant's rights to pursue Landlord's interest in the Project arise only after a judgment is entered in the owner or owners, at the time in question, of the fee title applicable tribunal against Landlord. Tenant waives any right to record a lis pendens against any portion of the Premises. In the event of an alleged default by Landlord under this Lease, Tenant may in no event offset its rent, or perform Landlord's obligations (except in an emergency), or deduct any amounts from Tenant's rental obligations under this Lease; Tenant's sole remedies are to bring an appropriate action for specific performance against Landlord or to xxx Landlord for damages, and only after giving Landlord written notice and a reasonable period of time within which to cure its default. If Landlord sells or transfers its interest in this Lease other than for security purposes, Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy any portion of the effective instrument Premises, Landlord, on consummation of transfer to Tenant within 15 business days after the date of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance sale or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all any liability toward Tenant arising from this Lease due to any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in thereafter accruing under this Lease, provided except for any breach by Landlord prior to the consummation of the sale or transfer. If any security deposit or prepaid rent has been paid by Tenant, Landlord may transfer the security deposit or prepaid rent to Landlord's purchaser or assignee expressly assumes Landlord's duties successor-in-interest and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, on such transfer Landlord shall not be liable for any business interruption, property damage or personal injury (including death) sustained by Tenant or any person claiming through Tenant resulting discharged from any accident, casualty, further liability arising from the security deposit or other event or matter of any kind or nature occurring on or about the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated aboveprepaid rent.

LIMITATIONS ON LANDLORD'S LIABILITY. The term "Any liability of Landlord for damages for breach or nonperformance by Landlord" as used herein shall mean only the owner , or owners, at the time in question, arising out of the fee title of the Premises. If Landlord transfers its interest in this Lease other than for security purposes, Landlord shall cause its assignee or transferee to assume the provisions subject matter of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to Tenant within 15 business days after the date of transfer. Tenant relationship created hereby, shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all liability toward Tenant arising from this Lease due to any act, occurrence or omission of Landlord's successors occurring after the transfer collectible only out of Landlord's interest in the Complex and no personal liability is assumed by, or may at any time be asserted against, Landlord, any parent and affiliated corporations, partnerships, limited liability companies, or other entities, its and their partners, venturers, managers, principals or other constituents, directors, officers, agents, servants and employees, or any of its or their successors or assigns; all such liability, if any, being expressly waived and released by Tenant. The foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord's successors in interest or any suit or action in connection with enforcement or collection of amounts which may become owing or payable under or on account of insurance which Landlord or Landlord's successors in interest may maintain. If Landlord or Landlord's successor in interest, in violation of the terms of this Lease or the provisions of law, withholds, denies or delays any consent which Tenant is required to obtain under this Lease, provided Landlord's purchaser or assignee expressly assumes Landlord's duties and covenants under this Lease subject Tenant may seek specific performance but shall not be entitled to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3damages therefor. Landlord's liability hereunder is limited or such successor's review, supervision, commenting on or approval of any aspect of work to be done by or for Tenant (under the extent agreed upon in Tenant Construction Agreement, Section 16.3 below9 hereof, and except or otherwise) are solely for Landlord's gross negligence or intentional misconductsuch successor's protection and, except as expressly provided in writing by Landlord shall not be liable for any business interruptionor such successor after it has made or given such review, property damage supervision, comment or personal injury (including death) sustained by approval, create no warranties or duties to Tenant or any person claiming through Tenant resulting from any accident, casualty, or other event or matter of any kind or nature occurring on or about the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated abovethird parties.

LIMITATIONS ON LANDLORD'S LIABILITY. The term "Landlord" as used herein shall mean only the owner or owners, at the time in question, of the fee title of the Premises. If Landlord transfers its interest in this Lease other than for security purposes, Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to Tenant within 15 business days after the date of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all liability toward Tenant arising from this Lease due to any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease, provided Landlord's purchaser or assignee expressly assumes Landlord's duties and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, Landlord shall not be liable in damages, and not in default hereunder, for any business interruptionfailure or delay in complying with its obligations hereunder, property damage including, without limitation, furnishing electricity, any Basic Service or personal injury (including death) sustained Additional Service, when such failure or delay is occasioned by Force Majeure or by the act or Default of Tenant. No such failure or delay shall be held or pleaded as eviction or disturbance in any manner whatsoever of Tenant's possession or give Tenant any right to terminate this Lease or give rise to any claim for set‑off or any person claiming through Tenant resulting from abatement of Rent of any accident, casualtyof Tenant's obligations under this Lease. Landlord’s failure to furnish, or other any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or matter cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any kind covenant or nature occurring agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of five (5) consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on or about the sixth (6th) consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of the abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated aboveused by Tenant.

LIMITATIONS ON LANDLORD'S LIABILITY. The term "Notwithstanding Landlord" as used herein 's and/or its Affiliates' negligence (whether active or passive) or breach of this Lease, Landlord and its Affiliates shall mean only not be liable for injury to Tenant's business or loss of income therefrom or for damage that may be sustained by the owner person, merchandise or ownersPersonal Property of Tenant, at its employees, invitees, customers, agents or contractors or any other person in or about the time in questionPremises, of the fee title caused by or resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises. If Landlord transfers its interest in this Lease , or from the breakage, leakage, obstruction, failure, or other than for security purposes, Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy defects of the effective instrument Utility Installations, Air Conditioning System, Chilled Water System, or other components of transfer to Tenant within 15 business days after the date Premises or H&H Project, or as a result of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to the exercise by Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all liability toward Tenant arising from this Lease due to any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in its rights under this Lease, provided Landlord's purchaser or assignee expressly assumes Landlord's duties and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited except to the extent agreed upon in Section 16.3 below, and except for that such damage or loss is caused by Landlord's gross and/or its Affiliates' willful misconduct not otherwise covered by the insurance Tenant is required to carry under Section 13.1 or the insurance Tenant actually carries. Landlord makes no representations or warranties whatsoever with respect to any Air Conditioning System, Chilled Water System, or Utility Installations existing as of the date hereof or in the future. Notwithstanding Landlord's and/or its Affiliates' negligence (whether active or intentional misconductpassive) or breach of this Lease, Landlord and its Affiliates shall not be liable in damages or otherwise for any discontinuance, failure or interruption of service to the Premises of Utilities, the Air Conditioning System, the Chilled Water System, or any other services and Tenant shall have no right to terminate this Lease or withhold rent because of the same. Landlord and its Affiliates shall not be liable for any business interruptiondamages arising from any use, property damage act or personal injury (including death) sustained by Tenant failure to act of any other tenant or occupant of the H&H Project or any person claiming through other third party associated with the H&H Project. In no event shall any of the circumstances described herein be deemed to constitute constructive eviction of Tenant. In the event Tenant resulting makes any Claim or asserts any cause of action against Landlord and/or its Affiliates as a result of Landlord's default: (a) Tenant's sole and exclusive remedy shall be against the current rents, issues, profits, and other income Landlord receives from its operation of the H&H Project, net of all current operating expenses, liabilities, reserves, and debt service associated with said operation ("Net Income" for purposes of this SECTION 14.3 only), (b) no other real, personal or mixed property of Landlord, wherever located, shall be subject to levy on any accidentjudgment obtained against Landlord, casualty(c) if such Net Income is insufficient to satisfy any judgment, Tenant will not institute any further action, suit, Claim or other event demand, in law or matter in equity, against Landlord for or on the account of any kind such deficiency, and (d) Landlord's default shall not constitute consent by Landlord for Tenant to perform or nature occurring on observe such terms, covenants or about the Premises conditions at Landlord's expense. The limitations set forth in this SECTION 14.3 shall be applicable to, and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which enforceable by, Landlord is not liable as stated aboveand/or its Affiliates.

LIMITATIONS ON LANDLORD'S LIABILITY. The term "It is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any Applicable Regulations to the contrary, the liability of Landlord hereunder (including any successor landlord hereunder) and any recourse by Tenant against Landlord shall be limited solely and exclusively to the interest of Landlord in and to the Project. Neither Landlord nor Landlord" as used herein 's affiliates, members, managers, shareholders, officers, directors, agents, or employees shall mean have any personal liability therefor, and Tenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. Tenant’s rights to pursue Landlord’s interest in the Project arise only after a judgment is entered in the owner or owners, at the time in question, of the fee title applicable tribunal against Landlord. Tenant waives any right to record a lis pendens against any portion of the Premises. In the event of an alleged default by Landlord under this Lease, Tenant may in no event offset its rent, or perform Landlord’s obligations (except in an emergency), or deduct any amounts from Tenant’s rental obligations under this Lease; Tenant’s sole remedies are to bring an appropriate action for specific performance against Landlord or to xxx Landlord for damages, and only after giving Landlord written notice and a reasonable period of time within which to cure its default. If Landlord sells or transfers its interest in this Lease other than for security purposes, Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy any portion of the effective instrument Premises, Landlord, on consummation of transfer to Tenant within 15 business days after the date of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance sale or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all any liability toward Tenant arising from this Lease due to any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in thereafter accruing under this Lease, provided except for any breach by Landlord prior to the consummation of the sale or transfer. If any security deposit or prepaid rent has been paid by Tenant, Landlord may transfer the security deposit or prepaid rent to Landlord's purchaser or assignee expressly assumes Landlord's duties successor-in-interest and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, on such transfer Landlord shall not be liable for any business interruption, property damage or personal injury (including death) sustained by Tenant or any person claiming through Tenant resulting discharged from any accident, casualty, further liability arising from the security deposit or other event or matter of any kind or nature occurring on or about the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated aboveprepaid rent.

LIMITATIONS ON LANDLORD'S LIABILITY. The Landlord, as defined in this Lease, includes successors in interest. The term "Landlord" as used herein shall mean only is intended to refer to the owner or owners, of the Premises at the time in question, of the fee title of the Premises. If Landlord transfers its interest in this Lease other than for security purposesthe Premises are sold, Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of new owner will automatically be substituted as the effective instrument of transfer to Tenant within 15 business days after the date of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which not be responsible or liable to Tenant has an interest except those which are then for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to or connected with the Premises or any part of the structures or improvements on the Premises for any loss or damage resulting to Tenant or its property from theft or a failure of the security systems, if any, in the possession Premises or structures containing the Premises, or for any damage or loss of an insurance or condemnation trusteeproperty within the Premises from any cause other than solely by reason of the willful act of Landlord, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after no such transfer, Landlord occurrence shall be released deemed to be an actual or constructive eviction from all liability toward Tenant arising from the Premises or result in an abatement of rents. If Xxxxxxxx fails to perform this Lease due to any actand as a result Xxxxxx recovers a money judgment against Landlord, occurrence or omission the judgment will be satisfied out of the execution and sale of Landlord's successors occurring after the transfer of Landlord's ’s interest in this Lease, provided Landlord's purchaser the Property or assignee expressly assumes Landlord's duties and covenants under this Lease subject to by garnishment against the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, Landlord shall not be liable for any business interruption, property damage or personal injury (including death) sustained by Tenant or any person claiming through Tenant resulting from any accident, casualty, rents or other event or matter of any kind or nature occurring on or about income from the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Property. Landlord is not liable as stated above.for any deficiency. This section constitutes Tenant’s sole and exclusive remedy for breach. Conditioned solely on the sale of the Property, Xxxxxx agrees to the following release in favor of its then former landlord. Effective on the first anniversary of the date on which Tenant is given notice of the sale, Tenant releases its former landlord from all claims except those expressly preserved in this section. This release is intended to be broadly construed for the benefit of the former landlord and includes

LIMITATIONS ON LANDLORD'S LIABILITY. The term "Landlord shall ----------------------------------- indemnify Tenant against and hold Tenant harmless from any and all costs, claims or liability arising from tortious acts or omissions of Landlord" as used herein , provided that such acts or omissions constitute gross negligence or willful misconduct by Landlord, and from claims in tort arising with respect to the Property that occurred prior to the commencement of this Lease. Landlord shall mean only the owner defend Tenant against any such cost, claim or ownersliability at Landlord's expense with counsel reasonably acceptable to Tenant or, at the time in question, of the fee title of the Premises. If Landlord transfers its interest in this Lease other than for security purposesTenant's election, Landlord shall cause its assignee reimburse Tenant for any legal fees or transferee to assume the provisions of this Lease and Landlord shall deliver notice of costs incurred by Tenant in connection with any such assignment or transfer and claim, on a copy of the effective instrument of transfer to Tenant within 15 business days after the date of transferperiodic basis as billed by counsel. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all liability toward Tenant arising from this Lease due to any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease, provided Landlord's purchaser or assignee expressly assumes Landlord's duties and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, Landlord shall not be liable for any business interruption, property damage or personal injury to the person, business (including death) sustained by Tenant or any person claiming through Tenant resulting from any accidentloss of income therefrom), casualtygoods, wares, merchandise or other event property of Tenant, Tenant's employees, invitees, customers or matter of any kind or nature occurring on other person in or about the Premises and Tenant hereby waives and covenants Property, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Property or upon other portions of any building of which the Property is a part, or from other sources of places; or (d) any act or omission of any other tenant of any building of which the Property is a part. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to bring any action based upon any claims Tenant. The provisions of this Section 6.2 shall not, however, exempt Landlord from liability for Landlord's gross negligence or losses for which Landlord is not liable as stated abovewillful misconduct.

LIMITATIONS ON LANDLORD'S LIABILITY. The term "Landlord" as used herein Landlord shall mean only the owner or owners, at the time in question, have no personal liability with respect to any of the fee title provisions of this Lease. If Landlord is in default with respect to its obligations under this Lease, Tenant shall look solely to the equity of Landlord in the Property on which the Premises is located (including any sale or insurance proceeds thereof) for satisfaction of Tenant's remedies, if any, provided, however, that in the event the Premises are sold, Tenant must notify Landlord in writing of any claim of Tenant within four (4) years of Tenant's receipt of notice from Landlord of the sale of the Premises. If Landlord transfers Tenant's failure to make a claim in writing under this Section 35 within such four (4) year period shall constitute a waiver of Tenant's rights under this Section 35. It is expressly understood and agreed that Landlord's liability under the terms of this Lease shall in no event exceed the amount of its interest in this Lease other than for security purposes, and to said Property. In no event shall any of the Landlord shall cause its assignee or transferee Parties be personally liable with respect to assume any of the provisions of this Lease and Landlord shall deliver notice Tenant hereby expressly waives and releases such personal liability on behalf of such assignment itself and all persons claiming by, through or transfer and a copy of the effective instrument of transfer to Tenant within 15 business days after the date of transferunder Tenant. Tenant further waives any and all rights to claim or bring an action for exemplary or punitive damages against Landlord or Landlord's Parties, and agrees that Landlord and Landlord's Parties shall have no liability for the same. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord Parties shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance liable under any circumstances for injury or condemnation trusteedamage to, or interference with Tenant's business, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transferloss of profits, Landlord shall be released from all liability toward Tenant arising from this Lease due to any actloss of revenues, occurrence or omission loss of Landlord's successors occurring after the transfer business opportunity, loss of Landlord's interest in this Lease, provided Landlord's purchaser or assignee expressly assumes Landlord's duties and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, Landlord shall not be liable for any business interruption, property damage or personal injury (including death) sustained by Tenant or any person claiming through Tenant resulting from any accident, casualtygoodwill, or other event or matter loss of any kind or nature occurring on or about the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated aboveuse, in each case, however occurring.

LIMITATIONS ON LANDLORD'S LIABILITY. The Landlord, as defined in this Lease, includes successors in interest. The term "Landlord" as used herein shall mean only is intended to refer to the owner or owners, of the Premises at the time in question, of the fee title of the Premises. If Landlord transfers its interest in this Lease other than for security purposesthe Premises are sold, Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of new owner will automatically be substituted as the effective instrument of transfer to Tenant within 15 business days after the date of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds not be responsible or liable to Tenant for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to or connected with the Premises or any part of the structures or improvements on the Premises for any loss or damage resulting to Tenant or its property from theft or a failure of the security systems, if any, in the Premises or structures containing the Premises, or for any damage or loss of property within the Premises from any cause other than solely by reason of the willful act of Landlord, and no such occurrence shall be deemed to be an actual or constructive eviction from the Premises or result in an abatement of rents. If Xxxxxxxx fails to perform this Lease and as a result Xxxxxx recovers a money judgment against Landlord, the judgment will be satisfied out of the execution and sale of Landlord’s interest in the Property or by garnishment against the rents or other income from the Property. Landlord is not liable for any deficiency. This section constitutes Tenant’s sole and exclusive remedy for breach. Conditioned solely on the sale of the Property, Xxxxxx agrees to the following release in favor of its then former landlord. Effective on the first anniversary of the date on which Tenant has an interest is given notice of the sale, Tenant releases its former landlord from all claims except those which are then expressly preserved in this section. This release is intended to be broadly construed for the possession benefit of an insurance the former landlord and includes (a) all claims regarding the performance of this Lease; (b) all claims for bodily injury or condemnation trusteeproperty damage relating to the Premises; and (c) all claims in any other way relating to the Lease, including but the Premises, or the landlord-tenant relationship. However, this release does not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all liability toward Tenant arising from this Lease due extend to any act, occurrence claim filed in a court of appropriate jurisdiction within one year of the date of sale or omission of Landlord's successors occurring after to any claim for bodily injury or property damage resulting from the transfer of Landlord's interest in this Lease, provided Landlord's purchaser or assignee expressly assumes Landlord's duties and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's former landlord’s gross negligence or intentional misconduct, Landlord shall not be liable for any business interruption, property damage or personal injury (including death) sustained by Tenant or any person claiming through Tenant resulting from any accident, casualty, or other event or matter of any kind or nature occurring on or about the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable as stated above.

LIMITATIONS ON LANDLORD'S LIABILITY. The term "Landlord" as used herein (A) Tenant shall mean only the owner or owners, at the time in question, of the fee title of the Premises. If Landlord transfers its interest in this Lease other than neither assert nor seek to enforce any claim for security purposes, Landlord shall cause its assignee or transferee to assume the provisions breach of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to Tenant within 15 business days after the date of transfer. Tenant shall be entitled to continue to pay Rent and give all notices to Landlord until Tenant has received the foregoing from Landlord. Landlord shall deliver all funds in which Tenant has an interest except those which are then in the possession of an insurance or condemnation trustee, including but not limited to Tenant's Security Deposit to Landlord's purchaser or assignee. From and after such transfer, Landlord shall be released from all liability toward Tenant arising from this Lease due to against any act, occurrence or omission of Landlord's successors occurring after assets other than Landlord's interest in the transfer Property and the uncollected rents, issues and profits therein, and, subject to the rights of any mortgagee of Landlord which is unrelated to Landlord, and of Landlord to use such proceeds or awards for reconstruction, the insurance proceeds and taking awards therefor, Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord's interest in this Leasehereunder, provided nor any beneficiary of any Trust of which any person from time to time holding Landlord's purchaser interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or assignee expressly assumes stockholder of Landlord or of Boston Properties, L.P. nor Landlord's duties and covenants under this Lease subject to the same limitations upon its personal liability as are applicable to Landlord in Section 16.3. Landlord's liability hereunder is limited to the extent agreed upon in Section 16.3 below, and except for Landlord's gross negligence or intentional misconduct, Landlord managing agent shall not ever be personally liable for any business interruptionsuch liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord's successors-in-interest, property damage or to take any other action which shall not involve the personal injury (including death) sustained by Tenant liability of Landlord, or of any successor holder of Landlord's interest hereunder, or of any beneficiary of any trust of which any person claiming through Tenant resulting from any accident, casualtytime to time holding Landlord's interest is Trustee, or other event or matter of any kind such Trustee, or nature occurring on of any manager, member, partner, director or about stockholder of Landlord or of Landlord's managing agent, to respond in monetary damages from Landlord's assets other than Landlord's interest in the Premises and Tenant hereby waives and covenants not to bring any action based upon any claims or losses for which Landlord is not liable Property, as stated aboveaforesaid.