PAY ANY SUM OF MONEY, OR DO ANY ACT WHICH WILL
REQUIRE THE PAYMENT OF ANY SUM OF MONEY, BY REASON OF THE FAILURE OF TENANT TO
COMPLY WITH ANY PROVISION HEREOF, OR IF LANDLORD IS COMPELLED TO OR DOES INCUR
ANY EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, IN INSTITUTING, PROSECUTING,
AND/OR DEFENDING ANY ACTION OR PROCEEDING INSTITUTED BY REASON OF ANY EVENT OF
DEFAULT OF TENANT HEREUNDER, TENANT SHALL ON DEMAND PAY TO LANDLORD BY WAY OF
REIMBURSEMENT THE SUM OR SUMS SO PAID BY LANDLORD WITH ALL ACTUAL AND NECESSARY
COSTS AND ACTUAL DAMAGES, PLUS INTEREST AT THE PRIME RATE.
TENANT SHALL PAY
LANDLORD'S COST AND EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED
(I) IN ENFORCING OR PERFORMING ANY OBLIGATION OF TENANT UNDER THIS LEASE OR
(II) AS A RESULT OF LANDLORD, WITHOUT ITS FAULT, BEING MADE PARTY TO ANY
LITIGATION PENDING BY OR AGAINST TENANT OR ANY PERSONS CLAIMING THROUGH OR UNDER
TENANT, PLUS AN ADMINISTRATIVE CHARGE EQUAL TO 5% OF SUCH COST.
THE
REPOSSESSION OR RE-ENTERING OF ALL OR ANY PART OF THE PREMISES SHALL NOT RELIEVE
TENANT OF ITS LIABILITIES AND OBLIGATIONS UNDER THIS LEASE.
NO RIGHT OR REMEDY
OF LANDLORD SHALL BE EXCLUSIVE OF ANY OTHER RIGHT OR REMEDY. EACH RIGHT AND
REMEDY SHALL BE CUMULATIVE AND IN ADDITION TO ANY OTHER RIGHT AND REMEDY NOW OR
SUBSEQUENTLY AVAILABLE TO LANDLORD AT LAW OR IN EQUITY.
TENANT SHALL NOT BE
OBLIGATED TO MAKE ANY PAYMENT TO LANDLORD OF ANY ATTORNEY'S FEES INCURRED BY
LANDLORD UNLESS JUDGMENT IS ENTERED (FINAL, AND BEYOND APPEAL) IN FAVOR OF
LANDLORD IN THE LAWSUIT RELATING TO SUCH FEES.
LANDLORD SHALL PAY, UPON DEMAND
BY TENANT, REASONABLE ATTORNEY'S FEES INCURRED BY TENANT IN CONNECTION WITH ANY
LAWSUIT BETWEEN LANDLORD AND TENANT WHERE JUDGMENT IS ENTERED (FINAL, AND BEYOND
APPEAL) IN FAVOR OF TENANT.
27
21.
LIMITATION OF LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, THE LIABILITY
OF LANDLORD (AND OF ANY SUCCESSOR LANDLORD) SHALL BE LIMITED TO THE LESSER OF
(A) THE INTEREST OF LANDLORD IN THE PROPERTY, CONDOMINIUM AND ALL UNITS, OR
(B) THE EQUITY INTEREST LANDLORD WOULD HAVE IN THE PROPERTY IF THE PROPERTY,
CONDOMINIUM AND ALL UNITS WERE ENCUMBERED BY THIRD PARTY DEBT IN AN AMOUNT EQUAL
TO 70% OF THE VALUE OF THE PROPERTY.
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 OR ANY MORTGAGEES BE
LIABLE TO TENANT (NOR SHALL TENANT OR ANY TENANT RELATED PARTY BE LIABLE TO
LANDLORD EXCEPT AS EXPRESSLY PERMITTED UNDER SECTION 23 BELOW) FOR ANY LOST
PROFIT, DAMAGE TO OR LOSS OF BUSINESS OR ANY FORM OF SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGE, INCLUDING WITHOUT LIMITATION, LOST PROFIT.
BEFORE FILING
SUIT FOR AN ALLEGED DEFAULT BY LANDLORD, TENANT SHALL GIVE LANDLORD (WITH A COPY
TO