PROPERTY, THE BUILDING, THE COMMON AREA OR THE PREMISES; NOTWITHSTANDING THE
FOREGOING, LANDLORD SHALL REMAIN LIABLE FOR COMPLIANCE WITH ITS EXPRESS
OBLIGATIONS HEREUNDER.
EVEN IF DUE TO THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF LANDLORD, TENANT HEREBY WAIVES ANY CLAIM FOR CONSEQUENTIAL DAMAGES
IN CONNECTION THEREWITH.
THERE SHALL BE NO ABATEMENT OF RENT AND NO LIABILITY
OF LANDLORD BY REASON OF ANY INJURY TO OR INTERFERENCE WITH TENANT'S BUSINESS OR
INCONVENIENCE OR ANNOYANCE TO TENANT ARISING FROM THE MAKING OF ANY REPAIRS,
ALTERATIONS OR IMPROVEMENTS TO ANY PORTION OF THE BUILDING OR TO FIXTURES,
APPURTENANCES AND EQUIPMENT THEREIN, OTHER THAN SUCH LIABILITY AS MAY BE IMPOSED
UPON LANDLORD BY LAW OR FOR LANDLORD'S NEGLIGENCE OR WILLFUL MISCONDUCT.
NO
INTERFERENCE WITH TENANT'S OPERATIONS IN THE PREMISES SHALL CONSTITUTE A
CONSTRUCTIVE OR OTHER EVICTION OF TENANT.
TENANT HEREBY WAIVES AND RELEASES ANY
RIGHT IT MAY HAVE TO MAKE REPAIRS AT LANDLORD'S EXPENSE UNDER SECTIONS 1941 AND
1942 OF THE CALIFORNIA CIVIL CODE, OR UNDER ANY SIMILAR LAW, STATUTE OR
ORDINANCE NOW OR HEREAFTER IN EFFECT OTHER THAN AS EXPRESSLY PROVIDED IN THIS
LEASE.
18.2
SALE OF PROPERTY.
IT IS AGREED THAT LANDLORD MAY AT
ANY TIME SELL, ASSIGN OR TRANSFER ITS INTEREST AS LANDLORD IN AND TO THIS LEASE,
AND MAY AT ANY TIME SELL, ASSIGN OR TRANSFER ITS INTEREST IN AND TO THE
PROPERTY.
IN THE EVENT OF ANY TRANSFER OF LANDLORD'S INTEREST IN THE PROPERTY,
THE TRANSFEROR SHALL BE AUTOMATICALLY RELIEVED OF ANY AND ALL OF
LANDLORD'S
OBLIGATIONS AND LIABILITIES ACCRUING FROM AND AFTER THE
DATE OF SUCH TRANSFER; PROVIDED THAT THE TRANSFEREE ASSUMES ALL OF LANDLORD'S
OBLIGATIONS UNDER THIS LEASE FROM AND AFTER THE DATE OF SUCH TRANSFER.
TENANT
HEREBY AGREES TO ATTORN TO LANDLORD'S ASSIGNEE, TRANSFEREE, OR PURCHASER FROM
AND AFTER THE DATE OF NOTICE TO TENANT OF SUCH ASSIGNMENT, TRANSFER OR SALE, IN
THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS THOUGH THIS LEASE WERE
MADE IN THE FIRST INSTANCE BY AND BETWEEN TENANT AND THE ASSIGNEE, TRANSFEREE OR
PURCHASER.
18.3
NO PERSONAL LIABILITY.
IN THE EVENT OF ANY DEFAULT
BY LANDLORD HEREUNDER, TENANT SHALL LOOK ONLY TO LANDLORD'S INTEREST IN THE
PROPERTY AND RENTS THEREFROM AND ANY AVAILABLE INSURANCE PROCEEDS FOR THE
SATISFACTION OF TENANT'S REMEDIES, AND NO OTHER PROPERTY OR ASSETS OF LANDLORD
OR ANY TRUSTEE, PARTNER, MEMBER, OFFICER OR DIRECTOR THEREOF, DISCLOSED OR
UNDISCLOSED, SHALL BE SUBJECT TO LEVY, EXECUTION OR OTHER
51
ENFORCEMENT PROCEDURE FOR THE SATISFACTION OF TENANT'S REMEDIES UNDER OR WITH
RESPECT TO THIS LEASE.
18.4
LANDLORD'S CONSENT OR APPROVAL; LIMITATION ON
DAMAGES.
(A)
IN THE EVENT THAT TENANT SHALL CLAIM OR ASSERT THAT LANDLORD HAS
VIOLATED OR FAILED TO PERFORM A COVENANT OF LANDLORD NOT TO UNREASONABLY
WITHHOLD, DELAY OR CONDITION LANDLORD'S CONSENT OR APPROVAL, OR IN ANY CASE
WHERE LANDLORD'S REASONABLENESS IN EXERCISING ITS JUDGMENT IS IN ISSUE, TENANT'S
SOLE REMEDY SHALL BE AN ACTION FOR SPECIFIC PERFORMANCE, DECLARATORY JUDGMENT OR
INJUNCTION, AND IN NO EVENT SHALL TENANT BE ENTITLED TO ANY MONEY DAMAGES FOR