THIS LEASE.
29.13
LANDLORD EXCULPATION.
THE LIABILITY OF LANDLORD OR THE LANDLORD
PARTIES TO TENANT FOR ANY DEFAULT BY LANDLORD UNDER THIS LEASE OR ARISING IN
CONNECTION HEREWITH OR WITH LANDLORD'S OPERATION, MANAGEMENT, LEASING, REPAIR,
RENOVATION, ALTERATION OR ANY OTHER MATTER RELATING TO THE PROJECT OR THE
PREMISES SHALL BE LIMITED SOLELY AND EXCLUSIVELY TO AN AMOUNT WHICH IS EQUAL TO
THE LESSER OF (A) THE INTEREST OF LANDLORD IN THE BUILDING OR (B) THE EQUITY
INTEREST LANDLORD WOULD HAVE IN THE BUILDING IF THE BUILDING WERE ENCUMBERED BY
THIRD-PARTY DEBT IN AN AMOUNT EQUAL TO EIGHTY PERCENT (80%) OF THE VALUE OF THE
BUILDING (AS SUCH VALUE IS DETERMINED BY LANDLORD), PROVIDED THAT IN NO EVENT
SHALL SUCH LIABILITY EXTEND TO ANY SALES OR INSURANCE PROCEEDS RECEIVED BY
LANDLORD OR THE LANDLORD PARTIES IN CONNECTION WITH THE PROJECT, BUILDING OR
PREMISES.
NEITHER LANDLORD, NOR ANY OF THE LANDLORD 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 SECTION 29.13
SHALL INURE TO THE BENEFIT OF LANDLORD'S AND THE 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 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 PERFORMANCE OF
LANDLORD'S OBLIGATIONS UNDER THIS LEASE.
NOTWITHSTANDING ANY CONTRARY PROVISION
HEREIN, NEITHER LANDLORD NOR THE LANDLORD PARTIES SHALL BE LIABLE UNDER ANY
CIRCUMSTANCES FOR INJURY OR DAMAGE TO, OR INTERFERENCE WITH, TENANT'S BUSINESS,
INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF RENTS OR OTHER REVENUES,
LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE,
HOWEVER OCCURRING.
29.14
ENTIRE AGREEMENT.
IT IS UNDERSTOOD AND ACKNOWLEDGED THAT THERE ARE
NO ORAL AGREEMENTS BETWEEN THE PARTIES HERETO AFFECTING THIS LEASE AND THIS
LEASE CONSTITUTES THE PARTIES' ENTIRE AGREEMENT WITH RESPECT TO THE LEASING OF
THE PREMISES AND SUPERSEDES AND CANCELS ANY AND ALL PREVIOUS NEGOTIATIONS,
ARRANGEMENTS, BROCHURES, AGREEMENTS AND UNDERSTANDINGS, IF ANY, BETWEEN THE
PARTIES HERETO OR DISPLAYED BY LANDLORD TO TENANT WITH RESPECT TO THE SUBJECT
MATTER THEREOF, AND NONE THEREOF SHALL BE USED TO INTERPRET OR CONSTRUE THIS
LEASE.
NONE OF THE TERMS, COVENANTS, CONDITIONS OR PROVISIONS OF THIS LEASE CAN
BE MODIFIED, DELETED OR ADDED TO EXCEPT IN WRITING SIGNED BY THE PARTIES HERETO.
29.15
RIGHT TO LEASE.
LANDLORD RESERVES THE ABSOLUTE RIGHT TO EFFECT SUCH
OTHER TENANCIES IN THE PROJECT AS LANDLORD IN THE EXERCISE OF ITS SOLE BUSINESS
JUDGMENT SHALL DETERMINE TO BEST PROMOTE THE INTERESTS OF THE BUILDING OR
PROJECT, SO LONG AS THOSE TENANCIES WITHIN THE BUILDING ARE CONSISTENT WITH A
FIRST-CLASS OFFICE BUILDING.
TENANT DOES NOT RELY ON THE FACT, NOR DOES
LANDLORD REPRESENT, THAT ANY SPECIFIC TENANT OR TYPE OR NUMBER OF