AND UNDER ALL CIRCUMSTANCES, THE LIABILITY OF LANDLORD TO
TENANT AND THE TENANT PARTIES, WHETHER UNDER THIS SECTION 17.3 OR ANY OTHER
PROVISION OF THIS LEASE, SHALL BE LIMITED TO THE INTEREST OF LANDLORD IN THE
PROPERTY, AND TENANT AND THE TENANT PARTIES AGREE TO LOOK SOLELY TO LANDLORD'S
INTEREST IN THE PROPERTY FOR THE RECOVERY OF ANY JUDGMENT OR AWARD AGAINST
LANDLORD, IT BEING INTENDED THAT LANDLORD SHALL NOT BE PERSONALLY LIABLE FOR ANY
JUDGMENT OR DEFICIENCY.
THE PROVISIONS OF THIS SECTION 17.3 SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS LEASE.
17.4.
FORCE MAJEURE.
NEITHER THE OBLIGATIONS OF TENANT (EXCEPT THE
OBLIGATION TO PAY RENT AND THE OBLIGATION TO MAINTAIN INSURANCE, AND PROVIDE
EVIDENCE THEREOF, IN ACCORDANCE WITH SECTION 10.2) NOR THOSE OF LANDLORD SHALL
BE AFFECTED, IMPAIRED OR EXCUSED, AND NEITHER LANDLORD NOR TENANT SHALL HAVE ANY
LIABILITY WHATSOEVER TO THE OTHER, WITH RESPECT TO ANY ACT, EVENT OR
CIRCUMSTANCE (SO LONG AS SUCH ACT, EVENT OR CIRCUMSTANCE RELATES DIRECTLY TO THE
PROPERTY) ARISING OUT OF EITHER OR BOTH (A) LANDLORD'S OR TENANT'S, AS THE CASE
MAY BE, FAILURE TO FULFILL, OR DELAY IN FULFILLING ANY OF ITS OBLIGATIONS UNDER
THIS LEASE (EXCEPT, WITH RESPECT TO TENANT, THE OBLIGATION TO PAY RENT AND THE
OBLIGATION TO MAINTAIN INSURANCE, AND PROVIDE EVIDENCE THEREOF, IN ACCORDANCE
WITH SECTION 10.2) BY REASON OF LABOR DISPUTE, GOVERNMENTAL PREEMPTION OF
PROPERTY IN CONNECTION WITH A PUBLIC EMERGENCY OR SHORTAGES OF FUEL, SUPPLIES,
OR LABOR, OR ANY OTHER CAUSE, WHETHER SIMILAR OR DISSIMILAR, BEYOND LANDLORD'S
OR TENANT'S, AS THE CASE MAY BE, REASONABLE CONTROL; OR (B) ANY FAILURE OR
DEFECT IN THE SUPPLY, QUANTITY OR CHARACTER OF UTILITIES FURNISHED TO THE
PREMISES, OR BY REASON OF ANY REQUIREMENT, ACT OR OMISSION OF ANY PUBLIC UTILITY
OR OTHERS SERVING THE PROPERTY, BEYOND LANDLORD'S OR TENANT'S, AS THE CASE MAY
BE, REASONABLE CONTROL.
18.
DAMAGE OR DESTRUCTION.
18.1.
NOTIFICATION AND REPAIR; RENT ABATEMENT.
TENANT SHALL GIVE PROMPT
NOTICE TO LANDLORD AND AGENT OF (A) ANY FIRE OR OTHER CASUALTY TO THE PREMISES
OR THE PROPERTY, AND (B) ANY DAMAGE TO, OR DEFECT IN, ANY PART OR APPURTENANCE
OF THE PROPERTY'S SANITARY, ELECTRICAL, HVAC, ELEVATOR OR OTHER SYSTEMS LOCATED
IN OR PASSING THROUGH THE PREMISES OR ANY PART THEREOF.
IN THE EVENT THAT, AS A
RESULT OF TENANT'S FAILURE TO PROMPTLY NOTIFY LANDLORD PURSUANT TO THE PRECEDING
SENTENCE, LANDLORD'S INSURANCE COVERAGE IS COMPROMISED OR ADVERSELY AFFECTED,
THEN TENANT IS AND SHALL BE RESPONSIBLE FOR THE PAYMENT TO LANDLORD OF ANY
INSURANCE PROCEEDS THAT LANDLORD'S INSURER FAILS OR REFUSES TO PAY TO LANDLORD
AS A RESULT OF THE DELAYED NOTIFICATION, PROVIDED THAT LANDLORD IS NOT OTHERWISE
AWARE OF SUCH CASUALTY OR DAMAGE.
SUBJECT TO THE PROVISIONS OF SECTION 18.2
BELOW, IF EITHER OR
BOTH OF THE PROPERTY AND THE PREMISES IS DAMAGED BY FIRE OR
OTHER CASUALTY, LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR (OR
CAUSE AGENT TO REPAIR) THE DAMAGE AND RESTORE AND REBUILD THE PROPERTY AND/OR
THE PREMISES (EXCEPT TENANT'S PERSONAL PROPERTY) AS PROMPTLY