TO LANDLORD'S OBLIGATIONS UNDER SECTION 10 RELATING TO
PARKING SPACES, LANDLORD MAY GRANT EASEMENTS, MAKE PUBLIC DEDICATIONS, DESIGNATE
COMMON AREAS AND CREATE RESTRICTIONS ON OR ABOUT THE PREMISES, PROVIDED THAT NO
SUCH EASEMENT, DEDICATION, DESIGNATION OR RESTRICTION MATERIALLY, ADVERSELY
AFFECTS TENANT'S USE OR OCCUPANCY OF THE PREMISES FOR THE PERMITTED USE OR
MATERIALLY INCREASE TENANT'S COST OF OCCUPYING OR OPERATING OR MAINTAINING THE
PREMISES. AT LANDLORD'S REQUEST, TENANT SHALL EXECUTE SUCH INSTRUMENTS AS MAY BE
NECESSARY FOR SUCH PERMITTED EASEMENTS, DEDICATIONS OR RESTRICTIONS. TENANT
SHALL AT ALL TIMES, EXCEPT IN THE CASE OF EMERGENCIES, HAVE THE RIGHT TO ESCORT
LANDLORD OR ITS AGENTS, REPRESENTATIVES, CONTRACTORS OR GUESTS WHILE THE SAME
ARE IN THE PREMISES, PROVIDED SUCH ESCORT DOES NOT MATERIALLY AND ADVERSELY
AFFECT LANDLORD'S ACCESS RIGHTS HEREUNDER.
33.
SECURITY. TENANT ACKNOWLEDGES AND AGREES THAT SECURITY DEVICES AND
SERVICES, IF ANY, WHILE INTENDED TO DETER CRIME MAY NOT IN GIVEN INSTANCES
PREVENT THEFT OR OTHER CRIMINAL ACTS AND THAT LANDLORD IS NOT PROVIDING ANY
SECURITY SERVICES WITH RESPECT TO THE PREMISES. TENANT AGREES THAT LANDLORD
SHALL NOT BE LIABLE TO TENANT FOR, AND TENANT WAIVES ANY CLAIM AGAINST LANDLORD
WITH RESPECT TO, ANY LOSS BY THEFT OR ANY OTHER DAMAGE SUFFERED OR INCURRED BY
TENANT IN CONNECTION WITH ANY UNAUTHORIZED ENTRY INTO THE PREMISES OR ANY OTHER
BREACH OF SECURITY WITH RESPECT TO THE PREMISES BY ANY PERSON OTHER THAN
LANDLORD OR ANY OF ITS RELATED PARTIES; PROVIDED THAT THE FOREGOING SHALL NOT BE
DEEMED TO SUPERSEDE THE WAIVER OF SUBROGATION IN SECTION 17 ABOVE. TENANT SHALL
BE SOLELY RESPONSIBLE FOR THE PERSONAL SAFETY OF TENANT'S OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, GUESTS AND INVITEES WHILE ANY SUCH PERSON IS IN, ON OR
ABOUT THE PREMISES AND/OR THE PROJECT. TENANT SHALL AT TENANT'S COST OBTAIN
INSURANCE COVERAGE TO THE EXTENT TENANT DESIRES PROTECTION AGAINST SUCH CRIMINAL
ACTS.
34.
FORCE MAJEURE. EXCEPT FOR THE PAYMENT OF RENT OR REIMBURSEMENT OF
ANY ALLOWANCE OR OVERPAYMENT BY TENANT TO LANDLORD, NEITHER LANDLORD NOR TENANT
SHALL BE HELD RESPONSIBLE OR LIABLE FOR DELAYS IN THE PERFORMANCE OF ITS
OBLIGATIONS HEREUNDER TO THE EXTENT CAUSED BY OR ARISING OUT OF, ANY ACTS OF
GOD, STRIKES, LOCKOUTS, LABOR TROUBLES OR DISPUTES NOT WITHIN LANDLORD'S
REASONABLE CONTROL, EMBARGOES, QUARANTINES, FAILURE OF, OR INABILITY TO OBTAIN,
POWER OR UTILITIES TO THE PROJECT, DELAY IN TRANSPORTATION OF CONSTRUCTION
MATERIALS OR INABILITY TO OBTAIN LABOR OR MATERIALS (OR REASONABLE SUBSTITUTES
THEREFOR) NOT ATTRIBUTABLE TO THE OTHER PARTY'S (OR ITS EMPLOYEES', AGENTS' OR
CONTRACTORS') NEGLIGENCE OR WILLFUL FAILURE, FIRE, VANDALISM, ACCIDENT, FLOOD,
WEATHER OR OTHER CASUALTY, GOVERNMENTAL RESTRICTIONS, ORDERS, LIMITATIONS,
REGULATIONS, CONTROLS, OR REQUIREMENTS NOT ATTRIBUTABLE TO THE OTHER PARTY'S (OR
ITS EMPLOYEES', AGENTS' OR CONTRACTORS') NEGLIGENCE OR WILLFUL FAILURE, RIOT,
INSURRECTION, CIVIL COMMOTION, SABOTAGE, EXPLOSION, WAR, TERRORISM, NATIONAL OR
LOCAL EMERGENCY, NATIONAL, REGIONAL, OR LOCAL DISASTERS, CALAMITIES, OR
CATASTROPHES, AND OTHER CAUSES OR EVENTS BEYOND THE REASONABLE CONTROL OF THE
OTHER PARTY (COLLECTIVELY, "FORCE MAJEURE"). CLAIMS OF FORCE MAJEURE DELAY DUE
TO WEATHER SHALL BE SUBSTANTIATED BY DELIVERY TO THE PARTY NOT CLAIMING