OTHER CUSTOMARY PROVISIONS, THE NAMES OF THE
PARTIES, A DESCRIPTION OF THE PREMISES AND THE LEASE TERM, TENANT AGREES TO
EXECUTE SUCH SHORT FORM OF LEASE AND TO DELIVER THE SAME TO LANDLORD WITHIN
FIFTEEN (15) BUSINESS DAYS FOLLOWING THE REQUEST THEREFOR, THE RECORDATION OF
WHICH SHALL BE AT THE SOLE COST AND EXPENSE OF LANDLORD.
26.5
TRANSFER OF LANDLORD'S INTEREST.
TENANT ACKNOWLEDGES THAT LANDLORD
HAS THE RIGHT TO TRANSFER ALL OR ANY PORTION OF ITS INTEREST IN THE REAL
PROPERTY, THE BUILDING AND/OR THIS LEASE, AND TENANT AGREES THAT IN THE EVENT OF
ANY SUCH TRANSFER, LANDLORD SHALL BE RELEASED FROM ALL LIABILITY UNDER THIS
LEASE ARISING AFTER THE EFFECTIVE DATE OF SUCH TRANSFER AND TRANSFER OF THE
LETTER OF CREDIT (TO THE EXTENT SUCH LIABILITY RELATES TO THE INTEREST
TRANSFERRED) PROVIDED SUCH OBLIGATIONS ARE EXPRESSLY ASSUMED BY THE TRANSFEREE,
AND TENANT AGREES TO LOOK SOLELY TO SUCH TRANSFEREE FOR THE PERFORMANCE OF
LANDLORD'S OBLIGATIONS HEREUNDER ARISING AFTER THE DATE OF TRANSFER.
THE
LIABILITY OF ANY TRANSFEREE OF LANDLORD SHALL BE LIMITED TO THE INTEREST OF SUCH
TRANSFEREE IN THE REAL PROPERTY AND BUILDING AND ANY AVAILABLE INSURANCE AND
CONDEMNATION PROCEEDS AND SUCH TRANSFEREE SHALL BE WITHOUT PERSONAL LIABILITY
UNDER THIS LEASE, AND TENANT HEREBY EXPRESSLY WAIVES AND RELEASES SUCH PERSONAL
LIABILITY ON BEHALF OF ITSELF AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER
TENANT.
TENANT FURTHER ACKNOWLEDGES THAT LANDLORD MAY ASSIGN ITS INTEREST IN
THIS LEASE TO A MORTGAGE LENDER AS ADDITIONAL SECURITY AND AGREES THAT SUCH AN
ASSIGNMENT SHALL NOT RELEASE LANDLORD FROM ITS OBLIGATIONS HEREUNDER AND THAT
TENANT SHALL CONTINUE TO LOOK TO LANDLORD FOR THE PERFORMANCE OF ITS OBLIGATIONS
HEREUNDER.
26.6
PROHIBITION AGAINST RECORDING.
EXCEPT AS PROVIDED IN SECTION 26.4
ABOVE, NEITHER THIS LEASE, NOR ANY MEMORANDUM, AFFIDAVIT OR OTHER WRITING WITH
RESPECT THERETO, SHALL BE RECORDED BY TENANT OR BY ANYONE ACTING THROUGH, UNDER
OR ON BEHALF OF TENANT.
55
26.7
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 BEYOND SUCH
ENCUMBRANCES AS ARE CREATED BY THIS LEASE.
26.8
CAPTIONS.
THE CAPTIONS OF ARTICLES AND SECTIONS ARE FOR
CONVENIENCE ONLY AND SHALL NOT BE DEEMED TO LIMIT, CONSTRUE, AFFECT OR ALTER THE
MEANING OF SUCH ARTICLES AND SECTIONS.
26.9
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, IT BEING EXPRESSLY UNDERSTOOD AND
AGREED THAT NEITHER THE METHOD OF COMPUTATION OF RENT NOR ANY ACT OF THE PARTIES
HERETO SHALL BE DEEMED TO CREATE ANY RELATIONSHIP BETWEEN LANDLORD AND TENANT
OTHER THAN THE RELATIONSHIP OF LANDLORD AND TENANT.
26.10
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