or accidents in the Demised
Premises or in the Building or of defects therein or in any fixtures or
equipment. TENANT AGREES TO LOOK SOLELY TO LANDLORD'S ESTATE AND INTEREST IN THE
LAND AND BUILDING, OR THE LEASE OF THE BUILDING OF WHICH THE DEMISED PREMISES
ARE A PART, FOR THE SATISFACTION OF ANY RIGHT OR REMEDY OF TENANT FOR THE
COLLECTION OF A JUDGMENT (OR OTHER JUDICIAL PROCESS) REQUIRING THE PAYMENT OF
MONEY BY LANDLORD, IN THE EVENT OF ANY LIABILITY BY LANDLORD, AND NO OTHER
PROPERTY OR ASSETS OF LANDLORD OR ANY OF THE LANDLORD PARTIES (AS DEFINED IN
ARTICLE 21 HEREOF) SHALL BE SUBJECT TO LEVY, EXECUTION OR OTHER ENFORCEMENT
PROCEDURE FOR THE SATISFACTION OF TENANT'S REMEDIES UNDER OR WITH RESPECT TO
THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT HEREUNDER, OR TENANT'S USE
AND OCCUPANCY OF THE DEMISED PREMISES OR ANY OTHER LIABILITY OF LANDLORD TO
TENANT (EXCEPT FOR GROSS NEGLIGENCE, IN WHICH CASE TENANT MAY ALSO LOOK TO THE
PROCEEDS OF ANY INSURANCE CARRIED BY LANDLORD IF NOT PAYABLE UNDER INSURANCE TO
BE MAINTAINED BY TENANT PURSUANT TO THE TERMS HEREOF).
(ii)
IN NO EVENT SHALL TENANT BE ENTITLED TO
MAKE, NOR SHALL TENANT MAKE, ANY CLAIM, AND TENANT HEREBY WAIVES ANY CLAIM, FOR
MONEY DAMAGES (NOR SHALL TENANT CLAIM ANY MONEY DAMAGES BY WAY OF SET-OFF,
COUNTERCLAIM OR DEFENSE) BASED UPON ANY CLAIM OR ASSERTION BY TENANT THAT
LANDLORD HAS UNREASONABLY WITHHELD, CONDITIONED OR DELAYED ITS CONSENT OR
APPROVAL TO A PROPOSED ASSIGNMENT OR SUBLETTING OR TO ANY OTHER MATTER REQUIRING
LANDLORD'S CONSENT OR APPROVAL UNDER THIS LEASE. TENANT'S SOLE REMEDY SHALL BE
AN ACTION OR PROCEEDING FOR SPECIFIC PERFORMANCE, INJUNCTION OR DECLARATORY
JUDGMENT. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE APPLICABLE IN THE EVENT
IT IS DETERMINED THAT LANDLORD ACTED MALICIOUSLY OR IN BAD FAITH IN WITHHOLDING,
CONDITIONING OR DELAYING SUCH CONSENT OR APPROVAL.
C.
LANDLORD AND ALL LANDLORD PARTIES ARE
HEREBY RELEASED FROM AND SHALL NOT BE LIABLE TO TENANT FOR ANY DAMAGES TO
PERSONS OR PROPERTY RESULTING FROM OR INCIDENTAL TO ANY CRIMINAL ACT OR
TERRORIST ATTACK NOTWITHSTANDING ANY ACT OR OMISSION OF ANY ACCESS CONTROL OR
SECURITY GUARD PERSONNEL THAT LANDLORD MAY FROM TIME TO TIME EMPLOY IN THE
BUILDING TO CONTROL ACCESS TO THE BUILDING OR TO DETER UNLAWFUL ACTIVITY.
D.
(i)
Notwithstanding anything contained in this Lease to the contrary, (a) if as a
result of any repair, alteration, addition or improvement to the Building by or
on behalf of Landlord, or (b) the failure of Landlord to make any repair or to
provide any service to the Demised Premises which Landlord is obligated to make
or provide (as the case may be) under this Lease (except if such failure is due
to Force Majeure, or a failure by the public utility to provide such service to
the Building), Tenant and its employees cannot and do not use (except on an
emergency basis) all or any portion of the Demised Premises for the normal
conduct of its