CAPITAL IMPROVEMENTS TO THE PROPERTY OR TO THE LEASED PREMISES WHICH OWNER MAY
HAVE AGREED TO MAKE, BUT HAD NOT COMPLETED, OR TO PERFORM OR PROVIDE ANY
SERVICES NOT RELATED TO POSSESSION OR QUIET ENJOYMENT OF THE LEASED PREMISES;
(I) NEW OWNER SHALL NOT BE LIABLE FOR ANY ACT, OMISSION OR DEFAULT OF ANY PRIOR
LANDLORD (INCLUDING OWNER); (J) NEW OWNER SHALL NOT BE BOUND BY ANY RENT OR
ADDITIONAL RENT WHICH TENANT MIGHT HAVE PAID FOR MORE THAN THE CURRENT MONTH OR
ANY SECURITY DEPOSIT OR OTHER PREPAID CHARGE PAID TO ANY PRIOR LANDLORD
(INCLUDING OWNER); (K) NEW OWNER SHALL NOT BE BOUND BY ANY AMENDMENT OR
MODIFICATION OF THE LEASE MADE WITHOUT ITS WRITTEN CONSENT; AND (L) NEW OWNER
SHALL NOT BE LIABLE FOR ANY OBLIGATIONS OF LANDLORD (INCLUDING OWNER) ARISING
UNDER THE LEASE FOLLOWING ANY SUBSEQUENT TRANSFER OF THE TITLE TO THE LEASED
PREMISES BY NEW OWNER.
ARTICLE XXXI - LEASE DEFAULTS.
IN THE EVENT OWNER SHALL FAIL TO PERFORM OR
OBSERVE ANY OF THE TERMS, CONDITIONS OR AGREEMENTS IN THE LEASE, TENANT SHALL
GIVE WRITTEN NOTICE THEREOF TO AGENT AND AGENT SHALL HAVE THE RIGHT (BUT NOT THE
OBLIGATION) TO CURE SUCH DEFAULT.
TENANT SHALL NOT TAKE ANY ACTION WITH RESPECT
TO SUCH DEFAULT UNDER THE LEASE, INCLUDING WITHOUT LIMITATION ANY ACTION IN
ORDER TO TERMINATE, RESCIND OR AVOID THE LEASE OR TO WITHHOLD ANY RENT OR OTHER
MONETARY OBLIGATIONS THEREUNDER, FOR A PERIOD OF THIRTY (30) DAYS FOLLOWING
RECEIPT OF SUCH WRITTEN NOTICE BY AGENT; PROVIDED, HOWEVER, THAT IN THE CASE OF
ANY DEFAULT WHICH CANNOT WITH DILIGENCE BE CURED WITHIN SAID THIRTY (30) DAY
PERIOD, IF AGENT SHALL PROCEED PROMPTLY TO CURE SUCH DEFAULT AND THEREAFTER
PROSECUTE THE CURING OF SUCH DEFAULT WITH DILIGENCE AND CONTINUITY, THE TIME
WITHIN WHICH SUCH DEFAULT MAY BE CURED SHALL BE EXTENDED FOR SUCH PERIOD AS MAY
BE NECESSARY TO COMPLETE THE CURING OF SUCH DEFAULT WITH DILIGENCE AND
CONTINUITY.
TENANT WILL ACCEPT PERFORMANCE BY AGENT OF ANY TERM OF THE LEASE
REQUIRED TO BE PERFORMED BY OWNER WITH THE SAME FORCE AND EFFECT AS THOUGH
PERFORMED BY OWNER, ALTHOUGH AGENT SHALL IN NO EVENT BE REQUIRED TO DO SO.
ARTICLE XXXII - OBLIGATIONS AND LIABILITY OF AGENT AND LENDERS.
NEITHER AGENT
NOR LENDERS SHALL HAVE ANY OBLIGATIONS NOR INCUR ANY LIABILITY WITH RESPECT TO
ANY WARRANTIES OF ANY NATURE WHATSOEVER, WHETHER PURSUANT TO THE LEASE OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES RESPECTING USE,
COMPLIANCE WITH ZONING, HAZARDOUS WASTES OR ENVIRONMENTAL LAWS, OWNER'S TITLE,
OWNER'S AUTHORITY, HABITABILITY, FITNESS FOR PURPOSE OR POSSESSION.
FURTHERMORE, IN THE EVENT THAT AGENT SHALL ACQUIRE, FOR
4
THE RATABLE BENEFIT OF LENDERS, OWNER'S INTEREST IN THE PROPERTY, NEITHER AGENT
NOR LENDERS SHALL HAVE ANY OBLIGATION, NOR INCUR ANY LIABILITY, BEYOND AGENT'S
INTEREST IN THE PROPERTY, AND TENANT SHALL LOOK EXCLUSIVELY TO SUCH INTEREST OF
AGENT IN THE PROPERTY FOR THE PAYMENT AND DISCHARGE OF ANY OBLIGATIONS OR
LIABILITY IMPOSED UPON AGENT HEREUNDER, UNDER THE LEASE (OR UNDER ANY NEW LEASE
WITH