Tenant’s Covenant not to Sue. In addition, Tenant, on behalf of itself and its affiliates, assigns, predecessors and successors-in-interest, and its and their employees, officers, directors, members, partners, representatives, shareholders, agents, attorneys and heirs, hereby covenants and agrees to the Governmental Parties that it will not initiate any legal action or proceeding against Designer arising out of the Improvements Dispute. A condition subsequent to the effectiveness of the foregoing covenant not to sue is the absence of Designer’s initiating any legal action or proceeding against Tenant. If Designer so initiates any such legal action or proceeding, the provisions of this Section 2.2 shall be null and void ab initio. There are no third party beneficiaries to the provisions of this Section 2.2, and Designer is specifically identified as a party who is not such a third party beneficiary.
