LONGER TERM THAN REMAINS UNDER THIS LEASE; (B)
RE-CONFIGURING OR COMBINING THE PREMISES WITH OTHER SPACE, (C) TAKING ALL OR
ONLY A PART OF THE PREMISES; AND/OR (D) CHANGING THE USE OF THE PREMISES.
NOTWITHSTANDING LANDLORD'S DUTY TO MITIGATE ITS DAMAGES AS PROVIDED HEREIN,
LANDLORD SHALL NOT BE OBLIGATED (I) TO GIVE ANY PRIORITY TO RELETTING TENANT'S
SPACE IN CONNECTION WITH ITS LEASING OF SPACE IN THE BUILDING OR ANY COMPLEX OF
WHICH THE BUILDING IS A PART, OR (II) TO ACCEPT BELOW MARKET RENTAL RATES FOR
THE PREMISES OR ANY RATE THAT WOULD NEGATIVELY IMPACT THE MARKET RATES FOR THE
BUILDING.
TO THE EXTENT THAT LANDLORD IS REQUIRED BY APPLICABLE LAW TO MITIGATE
DAMAGES, TENANT MUST PLEAD AND PROVE BY CLEAR AND CONVINCING EVIDENCE THAT
LANDLORD FAILED TO SO MITIGATE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION
19.D, AND THAT SUCH FAILURE RESULTED IN AN AVOIDABLE AND QUANTIFIABLE DETRIMENT
TO TENANT.
E.
Landlord's Lien.
Landlord hereby waives any lien it may now have
or may hereafter acquire on any of Tenant's furniture, fixtures, equipment or
personal property.
F.
LANDLORD DEFAULTS AND TENANT REMEDIES.
LANDLORD SHALL BE IN
DEFAULT UNDER THIS LEASE IN THE EVENT LANDLORD HAS NOT BEGUN AND PURSUED WITH
REASONABLE DILIGENCE THE CURE OF ANY FAILURE OF LANDLORD TO MEET ITS OBLIGATIONS
UNDER THIS LEASE WITHIN THIRTY (30) DAYS OF THE RECEIPT BY LANDLORD OF WRITTEN
NOTICE FROM TENANT OF LANDLORD'S ALLEGED FAILURE TO PERFORM.
IN NO EVENT SHALL
TENANT HAVE THE RIGHT TO TERMINATE OR RESCIND THIS LEASE AS A RESULT OF
LANDLORD'S DEFAULT.
TENANT WAIVES SUCH REMEDIES OF TERMINATION OR RESCISSION
(EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS LEASE) AND AGREES THAT
TENANT'S REMEDIES FOR DEFAULT UNDER THIS LEASE AND FOR BREACH OF ANY PROMISE OR
INDUCEMENT ARE LIMITED TO A SUIT FOR DAMAGES AND/OR INJUNCTION, AND ARE
SPECIFICALLY SUBJECT TO SECTION 3.B AND ARTICLE 20.
IN ADDITION, TENANT SHALL,
PRIOR TO THE EXERCISE OF ANY SUCH REMEDIES, PROVIDE EACH MORTGAGEE AND EACH
LESSOR UNDER A GROUND LEASE RELATIVE TO THE PROPERTY (IN EACH INSTANCE, ONLY AS
TO THOSE ENTITIES OF WHICH TENANT HAS NOTICE OF THEIR INTEREST) WITH WRITTEN
NOTICE AND REASONABLE TIME TO CURE ANY DEFAULT BY LANDLORD.
20.
Limitation of Liability.
Notwithstanding anything to the contrary
contained in this Lease, the liability of Landlord (and of any successor
Landlord) to Tenant (or any person or entity claiming by, through or under
Tenant) shall be limited to the interest of Landlord in the Property.
Tenant
shall look solely to Landlord's interest in the Property for the recovery of any
judgment or award against Landlord.
No Landlord Party shall be personally
liable for any judgment or deficiency.
Before filing suit for an alleged
default by Landlord, Tenant shall give Landlord and the Mortgagee(s) (defined in
Article 25) whom Tenant has been notified hold Mortgages (defined in Article 25)
on the Property, Building or Premises, notice and reasonable time to cure the
alleged default.
Tenant hereby waives all claims against all Landlord Parties