OR APPROVAL OR IN
MAKING SUCH JUDGMENT OR DETERMINATION WITHOUT REFERENCE TO ANY EXTRINSIC
STANDARD OF REASONABLENESS, UNLESS THE SPECIFIC PROVISION CONTAINED IN THIS
LEASE PROVIDING FOR SUCH CONSENT, APPROVAL, JUDGMENT OR DETERMINATION SPECIFIES
THAT LANDLORD'S CONSENT OR APPROVAL IS NOT TO BE UNREASONABLY WITHHELD, OR THAT
SUCH JUDGMENT OR DETERMINATION IS TO BE REASONABLE, OR OTHERWISE SPECIFIES THE
STANDARDS UNDER WHICH LANDLORD MAY WITHHOLD ITS CONSENT. IF IT IS DETERMINED
THAT LANDLORD FAILED TO GIVE ITS CONSENT WHERE IT WAS REQUIRED TO DO SO UNDER
THIS LEASE, TENANT SHALL BE ENTITLED TO INJUNCTIVE RELIEF, OR OTHER RELIEF AS
MAY BE PROVIDED FOR UNDER THIS LEASE, BUT SHALL NOT TO BE ENTITLED TO MONETARY
DAMAGES OR TO TERMINATE THIS LEASE FOR SUCH FAILURE.
29.2
NO LIABILITY IMPOSED ON LANDLORD. THE REVIEW AND/OR APPROVAL BY
LANDLORD OF ANY ITEM OR MATTER TO BE REVIEWED OR APPROVED BY LANDLORD UNDER THE
TERMS OF THIS LEASE OR ANY EXHIBITS OR ADDENDA HERETO SHALL NOT IMPOSE UPON
LANDLORD ANY LIABILITY FOR THE ACCURACY OR SUFFICIENCY OF ANY SUCH ITEM OR
MATTER OR THE QUALITY OR SUITABILITY OF SUCH ITEM FOR ITS INTENDED USE. ANY SUCH
REVIEW OR APPROVAL IS FOR THE SOLE PURPOSE OF PROTECTING LANDLORD'S INTEREST IN
THE PROPERTY, AND NO THIRD PARTIES, INCLUDING TENANT OR THE REPRESENTATIVES AND
VISITORS OF TENANT OR ANY PERSON OR ENTITY CLAIMING BY, THROUGH OR UNDER TENANT,
SHALL HAVE ANY RIGHTS AS A CONSEQUENCE THEREOF.
30.
WAIVER OF RIGHT TO JURY TRIAL.
LANDLORD AND TENANT WAIVE THEIR
RESPECTIVE RIGHTS TO TRIAL BY JURY OF ANY CONTRACT OR TORT CLAIM, COUNTERCLAIM,
CROSS-COMPLAINT, OR CAUSE OF ACTION IN ANY ACTION, PROCEEDING, OR HEARING
BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, OR
TENANT'S USE OR OCCUPANCY OF THE PREMISES, INCLUDING ANY CLAIM OF INJURY OR
DAMAGE OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY CURRENT OR FUTURE LAW,
STATUTE, REGULATION, CODE, OR ORDINANCE.
31.
BROKERS.
WITH THE EXCEPTION OF THE LANDLORD'S BROKER AND THE
TENANT'S BROKER DESIGNATED IN THE BASIC LEASE INFORMATION, LANDLORD AND TENANT
EACH REPRESENTS AND WARRANTS TO THE OTHER THAT IT HAS NOT HAD ANY DEALINGS WITH
ANY OTHER REALTORS, BROKERS, FINDERS OR AGENTS IN CONNECTION WITH THIS LEASE AND
EACH RELEASES AND AGREES TO INDEMNIFY THE OTHER FROM AND AGAINST ANY CLAIM OR
CLAIMS, INCLUDING, WITHOUT LIMITATION, COSTS, EXPENSES AND REASONABLE ATTORNEY'S
FEES INCURRED BY THE OTHER IN CONNECTION WITH SUCH CLAIM OR CLAIMS, BASED ON THE
FAILURE OR ALLEGED FAILURE TO PAY ANY REALTORS, BROKERS, FINDERS OR AGENTS
(OTHER THAN LANDLORD'S BROKER AND THE TENANT'S BROKER) AND FROM ANY COST,
EXPENSE OR LIABILITY FOR ANY COMPENSATION, COMMISSION OR CHARGES CLAIMED BY ANY
REALTORS, BROKERS, FINDERS OR AGENTS (OTHER THAN LANDLORD'S BROKER AND THE
TENANT'S BROKER) CLAIMING BY, THROUGH OR ON BEHALF OF IT WITH RESPECT TO THIS
LEASE OR THE NEGOTIATION OF THIS LEASE. LANDLORD WILL PAY THE LANDLORD'S BROKER
AND THE TENANT'S BROKER IN