ANYONE ACTING THROUGH, UNDER OR ON BEHALF OF TENANT.
29.7
LANDLORD'S TITLE.
LANDLORD'S TITLE IS AND ALWAYS
SHALL BE PARAMOUNT TO THE TITLE OF TENANT.
NOTHING HEREIN CONTAINED SHALL
EMPOWER TENANT TO DO ANY ACT WHICH CAN, SHALL OR MAY ENCUMBER THE TITLE OF
LANDLORD.
29.8
RELATIONSHIP OF PARTIES.
NOTHING CONTAINED IN
THIS LEASE SHALL BE DEEMED OR CONSTRUED BY THE PARTIES HERETO OR BY ANY THIRD
PARTY TO CREATE THE RELATIONSHIP OF PRINCIPAL AND AGENT, PARTNERSHIP, JOINT
VENTURER OR ANY ASSOCIATION BETWEEN LANDLORD AND TENANT.
29.9
APPLICATION OF PAYMENTS.
LANDLORD SHALL HAVE THE
RIGHT TO APPLY PAYMENTS RECEIVED FROM TENANT PURSUANT TO THIS LEASE, REGARDLESS
OF TENANT'S DESIGNATION OF SUCH PAYMENTS, TO SATISFY ANY OBLIGATIONS OF TENANT
HEREUNDER, IN SUCH ORDER AND AMOUNTS AS LANDLORD, IN ITS SOLE DISCRETION, MAY
ELECT.
29.10
TIME OF ESSENCE.
TIME IS OF THE ESSENCE WITH RESPECT
TO THE PERFORMANCE OF EVERY PROVISION OF THIS LEASE IN WHICH TIME OF PERFORMANCE
IS A FACTOR.
29.11
PARTIAL INVALIDITY.
IF ANY TERM, PROVISION OR
CONDITION CONTAINED IN THIS LEASE SHALL, TO ANY EXTENT, BE INVALID OR
UNENFORCEABLE, THE REMAINDER OF THIS LEASE, OR THE APPLICATION OF SUCH TERM,
PROVISION OR CONDITION TO PERSONS OR CIRCUMSTANCES OTHER THAN THOSE WITH RESPECT
TO WHICH IT IS INVALID OR UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY, AND EACH
AND EVERY OTHER TERM,
59
PROVISION AND CONDITION OF THIS LEASE SHALL BE VALID AND ENFORCEABLE TO THE
FULLEST EXTENT POSSIBLE PERMITTED BY LAW.
29.12
NO WARRANTY.
IN EXECUTING AND DELIVERING THIS LEASE,
TENANT HAS NOT RELIED ON ANY REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REPRESENTATION AS TO THE AMOUNT OF ANY ITEM COMPRISING ADDITIONAL RENT OR THE
AMOUNT OF THE ADDITIONAL RENT IN THE AGGREGATE OR THAT LANDLORD IS FURNISHING
THE SAME SERVICES TO OTHER TENANTS, AT ALL, ON THE SAME LEVEL OR ON THE SAME
BASIS, OR ANY WARRANTY OR ANY STATEMENT OF LANDLORD WHICH IS NOT SET FORTH
HEREIN OR IN ONE OR MORE OF THE EXHIBITS ATTACHED HERETO.
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), FOLLOWING THE
PAYMENT OF ANY OUTSTANDING LIENS AND/OR MORTGAGES IN CONNECTION WITH THE
PROJECT; PROVIDED, HOWEVER, IN NO EVENT SHALL THE FOREGOING BE DEEMED TO LIMIT
ANY OBLIGATION LANDLORD MAY HAVE PURSUANT TO THE TCCS OF THIS LEASE TO RETURN OR
PAY THE IMPROVEMENT ALLOWANCE AS SET FORTH IN THE TENANT WORK LETTER, OR TO
TENANT THE SECURITY