ADJOINING PREMISES, (B) THEFT OR VANDALISM, (C) BURST, STOPPED OR LEAKING WATER,
GAS, SEWER OR STEAM PIPES, (D) LOSS OF UTILITY SERVICE, (E) ACCIDENT, FIRE OR
CASUALTY, (F) NUISANCE, AND (G) WORK DONE BY LANDLORD IN THE 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
50
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 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