THE
FORCE MAJEURE DELAY OF NOTICES OR OTHER DOCUMENTS AFFIRMING THE EXISTENCE AND
LENGTH OF SUCH WEATHER RELATED DELAY CLAIMED AS A FORCE MAJEURE DELAY, INCLUDING
INDUSTRY STANDARD DOCUMENTATION.
36
35.
BROKERS, ENTIRE AGREEMENT, AMENDMENT. LANDLORD AND TENANT EACH
REPRESENTS AND WARRANTS THAT IT HAS NOT DEALT WITH ANY BROKER, AGENT OR OTHER
PERSON (COLLECTIVELY, "BROKER) IN CONNECTION WITH THIS TRANSACTION AND THAT NO
BROKER BROUGHT ABOUT THIS TRANSACTION, OTHER THAN PHASE 3 PROPERTIES WHO
LANDLORD SHALL PAY A COMMISSION TO PER THE TERMS OF A SEPARATE COMMISSION
AGREEMENT BETWEEN LANDLORD AND BROKER. LANDLORD AND TENANT EACH HEREBY AGREE TO
INDEMNIFY AND HOLD THE OTHER HARMLESS FROM AND AGAINST ANY CLAIMS BY ANY BROKER,
OTHER THAN THE BROKER, IF ANY NAMED IN THIS SECTION 35, CLAIMING A COMMISSION OR
OTHER FORM OF COMPENSATION BY VIRTUE OF HAVING DEALT WITH TENANT OR LANDLORD, AS
APPLICABLE, WITH REGARD TO THIS LEASING TRANSACTION.
36.
LIMITATION ON LANDLORD'S LIABILITY. NOTWITHSTANDING ANYTHING SET
FORTH HEREIN OR IN ANY OTHER AGREEMENT BETWEEN LANDLORD AND TENANT TO THE
CONTRARY:
(A) LANDLORD SHALL NOT BE LIABLE TO TENANT OR ANY OTHER PERSON FOR
(AND TENANT AND EACH SUCH OTHER PERSON ASSUME ALL RISK OF) LOSS, DAMAGE OR
INJURY, WHETHER ACTUAL OR CONSEQUENTIAL TO:
TENANT'S PERSONAL PROPERTY OF EVERY
KIND AND DESCRIPTION, INCLUDING, WITHOUT LIMITATION TRADE FIXTURES, EQUIPMENT,
INVENTORY, SCIENTIFIC RESEARCH, SCIENTIFIC EXPERIMENTS, LABORATORY ANIMALS,
PRODUCT, SPECIMENS, SAMPLES, AND/OR SCIENTIFIC, BUSINESS, ACCOUNTING AND OTHER
RECORDS OF EVERY KIND AND DESCRIPTION KEPT AT THE PREMISES AND ANY AND ALL
INCOME DERIVED OR DERIVABLE THEREFROM; (B) THERE SHALL BE NO PERSONAL RECOURSE
TO LANDLORD FOR ANY ACT OR OCCURRENCE IN, ON OR ABOUT THE PREMISES OR ARISING IN
ANY WAY UNDER THIS LEASE OR ANY OTHER AGREEMENT BETWEEN LANDLORD AND TENANT WITH
RESPECT TO THE SUBJECT MATTER HEREOF AND ANY LIABILITY OF LANDLORD HEREUNDER
SHALL BE STRICTLY LIMITED SOLELY TO LANDLORD'S INTEREST IN THE PROJECT, OR ANY
PROCEEDS FROM THE OPERATION OR LEASE THEREOF, OR ANY SALE OR CONDEMNATION, OR
THE FINANCING THEREOF AND ANY INSURANCE PROCEEDS PAYABLE IN RESPECT OF
LANDLORD'S INTEREST IN THE PROJECT OR IN CONNECTION WITH ANY SUCH LOSS; AND (C)
IN NO EVENT SHALL ANY PERSONAL LIABILITY BE ASSERTED AGAINST ANY OF LANDLORD'S
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS. UNDER NO CIRCUMSTANCES
SHALL LANDLORD OR ANY OF LANDLORD'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
CONTRACTORS BE LIABLE FOR INJURY TO TENANT'S BUSINESS OR FOR ANY LOSS OF INCOME
OR PROFIT THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TENANT
SHALL NOT BE OBLIGATED TO REPAIR OR REPLACE, NOR SHALL LANDLORD NOR ANY
MORTGAGEE OF LANDLORD HAVE ANY INTEREST IN, ANY TRADE FIXTURE(S) OR EQUIPMENT
OWNED BY TENANT, HOWEVER CHARACTERIZED, TO THE EXTENT SUCH PERSONAL PROPERTY IS
DAMAGED OR DESTROYED AS A RESULT OF LANDLORD'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT AND SUCH LOSS IS NOT COVERED BY TENANT'S INSURANCE.
37.
SEVERABILITY. IF ANY CLAUSE OR PROVISION OF THIS LEASE IS ILLEGAL,
INVALID OR UNENFORCEABLE UNDER PRESENT OR FUTURE LAWS, THEN AND IN THAT EVENT,
IT IS THE INTENTION