INTEGRAL PART OF THIS
AGREEMENT AND ARE INCORPORATED INTO THIS AGREEMENT WHEREVER REFERENCE IS MADE TO
THEM TO THE SAME EXTENT AS IF THEY WERE SET OUT IN FULL AT THE POINT AT WHICH
SUCH REFERENCE IS MADE.
8.12
FORCE MAJEURE.
EXCEPT WITH RESPECT TO OBLIGATIONS IMPOSED WITH
REGARD TO PAYMENT OF THE MANAGEMENT FEE AND OTHER CHARGES TO BE PAID BY GROUP
UNDER THIS AGREEMENT, NEITHER PARTY IS LIABLE FOR NONPERFORMANCE OR DEFECTIVE OR
LATE PERFORMANCE OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT
AND FOR SUCH PERIODS OF TIME AS SUCH NONPERFORMANCE, DEFECTIVE PERFORMANCE OR
LATE PERFORMANCE IS DUE TO REASONS OUTSIDE SUCH PARTY'S CONTROL, INCLUDING ACTS
OF GOD, WAR (DECLARED OR UNDECLARED), ACTION OF ANY GOVERNMENTAL AUTHORITY,
RIOTS, REVOLUTIONS, FIRE, FLOODS, EXPLOSIONS, SABOTAGE, NUCLEAR INCIDENTS,
LIGHTNING, WEATHER, EARTHQUAKES, STORMS, SINKHOLES, EPIDEMICS, FAILURE OF
UTILITIES, OR STRIKES.
9
8.13
FURTHER ASSURANCES.
EACH PARTY SHALL, AT THE REASONABLE REQUEST OF
THE OTHER PARTY, EXECUTE AND DELIVER TO THE OTHER PARTY ALL FURTHER INSTRUMENTS,
ASSIGNMENTS, ASSURANCES AND OTHER DOCUMENTS, AND TAKE ANY ACTIONS AS THE OTHER
PARTY REASONABLY REQUESTS IN CONNECTION WITH THE CARRYING OUT OF THIS AGREEMENT.
8.14
HEADINGS.
THE HEADINGS IN THIS AGREEMENT ARE INTENDED SOLELY FOR
CONVENIENCE OF REFERENCE AND SHALL BE GIVEN NO EFFECT IN THE CONSTRUCTION OR
INTERPRETATION OF THIS AGREEMENT.
8.15
INTERRUPTION OF SERVICES.
NOTWITHSTANDING ANY PROVISION IN THIS
AGREEMENT TO THE CONTRARY, MANAGER SHALL NOT BE LIABLE TO GROUP IN DAMAGES OR
OTHERWISE FOR ANY FAILURE, INTERRUPTION OR CURTAILMENT OF ANY BUILDING SERVICE
OR UTILITY (INCLUDING WITHOUT LIMITATION HEATING, PLUMBING, ELECTRICAL SYSTEMS,
SECURITY SYSTEMS, COMMUNICATION SYSTEMS, AND FIRE PROTECTION AND DETECTION
SYSTEMS).
MANAGER SHALL NOT BE LIABLE TO GROUP FOR ANY INJURY OR DAMAGE TO
GROUP OR GROUP'S BUSINESS, OR ANY LOSS OF INCOME, OR FROM DAMAGE TO THE GOODS,
WARES, MERCHANDISE OR OTHER PROPERTY OF GROUP, GROUP'S EMPLOYEES, INVITEES,
PATIENTS OR ANY OTHER PERSON IN OR ABOUT THE LAB, OR FOR INJURY TO THE PERSON OF
GROUP'S EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, "DAMAGES"), WHETHER SUCH
DAMAGES ARE CAUSED BY OR RESULT FROM FIRE, STEAM, ELECTRICITY, GAS, WATER OR
FROM THE BREAKAGE, LEAKAGE, OBSTRUCTION OR OTHER DEFECTS OF PIPES, SPRINKLERS,
ELECTRICAL SYSTEMS, WIRES, APPLIANCES, PLUMBING, HEATING, AIR CONDITIONING,
LIGHTING FIXTURES, SECURITY SYSTEMS, COMMUNICATION SYSTEMS, OR FIRE PROTECTION
AND DETECTION SYSTEMS, WHETHER SUCH DAMAGES RESULT FROM CONDITIONS ARISING IN,
ON OR UPON THE LAB OR IN, ON OR UPON OTHER PORTIONS OF THE BUILDING OF WHICH THE
LAB IS A PART OR FROM OTHER SOURCES OR PLACES (INCLUDING WITHOUT LIMITATION
WINDSTORM, HURRICANE OR RAINSTORM), AND REGARDLESS OF WHETHER THE CAUSE OF SUCH
DAMAGES OR THE MEANS OF REPAIRING SUCH DAMAGES IS INACCESSIBLE TO GROUP.
MANAGER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY ACT OR NEGLECT OF
ANY OTHER TENANT OF THE BUILDING (IF ANY) IN WHICH THE LAB IS LOCATED.
8.16
NO THIRD-PARTY BENEFICIARY RIGHTS.
THE PARTIES DO NOT INTEND TO
CONFER AND THIS AGREEMENT SHALL NOT BE CONSTRUED TO CONFER ANY RIGHTS OR
BENEFITS TO ANY