Limited Remedy Events of Default. Notwithstanding anything to the contrary herein contained, or any other provisions of this Lease or any other concurrent transaction document, if Landlord is exercising remedies due solely to the Events of Default described in Sections 8.1.4.3 (but solely to the extent such Event of Default results from the failure to perform or comply with Sections 5.11 (but solely to the extent such Event of Default relates to a breach of Exhibit I, subsection (8)), 5.12.3(ii) or 5.17(b)), 8.1.6 and 8.1.10 (but solely to the extent such Event of Default results from the failure to perform or comply with Section 5.15) (“Limited Remedy Events of Default”), the aggregate amount Tenant shall be required to pay to Landlord from and after the date of the occurrence of such Limited Remedy Event of Default (the “Occurrence Date”) shall not exceed the sum of (i) (A) 89.9% of the fair market value of the Premises as of the Effective Date less (B) the sum of the present value as of the Effective Date (using an annual discount rate equal to the incremental borrowing rate of Guarantor under GAAP (the “Discount Rate”)) of all Minimum Rent and Additional Rent received as of the Occurrence Date, (ii) any amounts of Taxes and Other Charges which are due and payable or have accrued under this Lease through the Occurrence Date, and (iii) any amounts of Taxes and Other Charges which are due and payable or have accrued under this Lease after the Occurrence Date while or so long as the Tenant remains in possession of the Premises after any Limited Remedy Event of Default that relates to insurance, utilities, repairs, maintenance, environmental maintenance, remediation and compliance and other customary costs and expenses of operating and maintaining the Premises in substantial compliance with the terms of this Lease. In the event of a conflict between the provisions under this Section 8.2.11 and any other provision of this Lease or any other concurrent transaction document, the provisions contained in this Section 8.2.11 shall prevail.
