of Liability.
20.01 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, THE
LIABILITY OF LANDLORD (AND OF ANY SUCCESSOR LANDLORD) SHALL BE LIMITED TO THE
INTEREST OF LANDLORD IN THE PROPERTY. FOR PURPOSES HEREOF, "INTEREST OF LANDLORD
IN THE PROPERTY" SHALL INCLUDE RENTS DUE FROM TENANTS, INSURANCE PROCEEDS, AND
PROCEEDS FROM CONDEMNATION OR EMINENT DOMAIN PROCEEDINGS (COLLECTIVELY,
"PROCEEDS"). NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL TENANT BE ENTITLED
TO RECOVER PROCEEDS FROM ANY LANDLORD RELATED PARTY OR ANY OTHER THIRD PARTY
AFTER SUCH PROCEEDS HAVE BEEN DISTRIBUTED OR PAID TO SUCH LANDLORD RELATED PARTY
OR OTHER THIRD PARTY; PROVIDED, HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL
DIMINISH ANY RIGHT THAT TENANT, AS A CREDITOR OF LANDLORD, MAY HAVE UNDER
APPLICABLE LAW TO INITIATE OR PARTICIPATE IN AN ACTION TO CAUSE ALL OR ANY
PORTION OF ANY SUCH DISTRIBUTION OR PAYMENT TO BE SET ASIDE, DISGORGED AND/OR
PAID OVER TO TENANT OR REPAID TO LANDLORD ON THE GROUNDS THAT SUCH DISTRIBUTION
OR PAYMENT (OR SUCH PORTION THEREOF) WAS PREFERENTIAL OR FRAUDULENT OR BECAUSE
OF LANDLORD'S EXISTING OR REASONABLY FORESEEABLE INSOLVENCY. TENANT SHALL LOOK
SOLELY TO LANDLORD'S INTEREST IN THE PROPERTY FOR THE RECOVERY OF ANY JUDGMENT
OR AWARD AGAINST LANDLORD OR ANY LANDLORD RELATED PARTY. NEITHER LANDLORD NOR
ANY LANDLORD RELATED PARTY SHALL BE PERSONALLY LIABLE FOR ANY JUDGMENT OR
DEFICIENCY, AND IN NO EVENT SHALL LANDLORD OR ANY LANDLORD RELATED PARTY BE
LIABLE TO TENANT FOR ANY LOST PROFIT, DAMAGE TO OR LOSS OF BUSINESS OR ANY FORM
OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE. BEFORE FILING SUIT FOR AN ALLEGED
DEFAULT BY LANDLORD, TENANT SHALL GIVE LANDLORD AND THE MORTGAGEE(S) WHOM TENANT
HAS BEEN NOTIFIED HOLD MORTGAGES (DEFINED IN SECTION 23 BELOW), NOTICE AND
REASONABLE TIME TO CURE THE ALLEGED DEFAULT.
20.02 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, IN NO
EVENT SHALL TENANT OR ANY TENANT RELATED PARTY BE LIABLE TO LANDLORD FOR ANY
FORM OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE, EXCEPT AS OTHERWISE PROVIDED
IN SECTION 22 BELOW.
21. [Intentionally Omitted.]
22. Holding Over.
If Tenant fails to surrender all or any part of the Premises at the termination
of this Lease, occupancy of the Premises after termination shall be that of a
tenancy at sufferance. Tenant's
occupancy shall be subject to all the terms and provisions of this Lease, and
Tenant shall pay an amount (on a per month basis without reduction for partial
months during the holdover) equal to 150% of the sum of the Base Rent and
Additional Rent due for the period immediately preceding the holdover. No
holdover by Tenant or payment by Tenant after the termination of this Lease
shall be construed to extend the Term or prevent Landlord from immediate
recovery of possession of the Premises by summary proceedings or otherwise. If
Landlord is unable to deliver possession of the Premises to a new tenant or to
perform improvements for a new tenant as a result of Tenant's holdover and
Tenant fails to vacate the Premises within 15