SHAREHOLDERS' OR AGENTS' OTHER PROPERTY OR ASSETS TO
RECOVER SUCH LOSS OR DAMAGE, SUCH EXCULPATION OF LIABILITY TO BE ABSOLUTE AND
WITHOUT ANY EXCEPTIONS WHATSOEVER. THE LIABILITY OF LANDLORD TO TENANT FOR ANY
F-57
BREACH OR DEFAULT HEREUNDER SHALL, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
ELSEWHERE IN THIS LEASE, BE LIMITED TO TENANT'S ACTUAL DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL BE NOTED IN ANY JUDGMENT SECURED AGAINST LANDLORD
AND IN ANY JUDGMENT INDEX.
ARTICLE XXX
GENERAL PROVISIONS
30.1
TENANT ACKNOWLEDGES THAT NEITHER LANDLORD NOR ANY BROKER, AGENT OR
EMPLOYEE OF LANDLORD HAS MADE ANY REPRESENTATION OR PROMISE WITH RESPECT TO THE
PREMISES, THE BUILDING OR THE GEOGRAPHIC AREA, EXCEPT AS HEREIN EXPRESSLY SET
FORTH, AND NO RIGHT, PRIVILEGE, EASEMENT OR LICENSE IS BEING ACQUIRED BY TENANT
EXCEPT AS HEREIN EXPRESSLY SET FORTH.
IN FURTHERANCE OF THE FOREGOING, TENANT
REPRESENTS AND WARRANTS THAT TENANT HAS MADE ITS OWN INVESTIGATION AND
EXAMINATION OF ALL RELEVANT DATA AND IS RELYING SOLELY ON ITS OWN JUDGMENT IN
CONNECTION THEREWITH AND IN EXECUTING THIS LEASE.
THIS LEASE CONTAINS AND
EMBODIES THE ENTIRE AGREEMENT OF THE PARTIES HERETO AND SUPERSEDES ALL PRIOR
AGREEMENTS, NEGOTIATIONS, LETTERS OF INTENT, PROPOSALS, REPRESENTATIONS,
WARRANTIES, UNDERSTANDINGS, SUGGESTIONS AND DISCUSSIONS, WHETHER WRITTEN OR
ORAL, BETWEEN THE PARTIES HERETO.
ANY REPRESENTATION, INDUCEMENT, WARRANTY,
UNDERSTANDING OR AGREEMENT THAT IS NOT EXPRESSLY SET FORTH IN THIS LEASE SHALL
BE OF NO FORCE OR EFFECT.
THIS LEASE MAY BE MODIFIED OR AMENDED ONLY BY AN
INSTRUMENT SIGNED BY BOTH PARTIES, EXCEPT IN CERTAIN INSTANCES SPECIFICALLY
PROVIDED IN THIS LEASE IN WHICH ONLY THE PARTY AGAINST WHOM ENFORCEMENT MAY BE
SOUGHT SHALL BE REQUIRED TO SIGN SUCH INSTRUMENT.
THIS LEASE INCLUDES AND
INCORPORATES ALL EXHIBITS ATTACHED HERETO.
30.2
NOTHING CONTAINED IN THIS LEASE SHALL BE CONSTRUED AS CREATING ANY
RELATIONSHIP BETWEEN LANDLORD AND TENANT OTHER THAN THAT OF LANDLORD AND TENANT.
TENANT SHALL NOT: (A) USE THE NAME OF THE BUILDING FOR ANY PURPOSE OTHER THAN
AS THE ADDRESS OF THE BUSINESS TO BE CONDUCTED BY TENANT IN THE PREMISES: (B)
USE THE NAME OF THE BUILDING AS TENANT'S BUSINESS ADDRESS AFTER THE EARLIER OF
THE DATE TENANT VACATES THE PREMISES, OR THE DATE TENANT'S RIGHT TO POSSESSION
OF THE PREMISES IS TERMINATED; OR (C) DO OR PERMIT TO BE DONE ANYTHING IN
CONNECTION WITH TENANT'S BUSINESS OR ADVERTISING WHICH IN THE REASONABLE
JUDGMENT OF LANDLORD MAY REFLECT UNFAVORABLY ON LANDLORD OR THE BUILDING, OR
CONFUSE OR MISLEAD THE PUBLIC AS TO ANY APPARENT CONNECTION OR RELATIONSHIP
BETWEEN LANDLORD OR THE BUILDING, AND TENANT.
30.3
TENANT HEREBY WAIVES ANY AND ALL RIGHTS TO INTERPOSE ANY
COUNTERCLAIM IN ANY PROCEEDING BROUGHT BY LANDLORD AGAINST TENANT FOR THE
ENFORCEMENT OF ANY OF THE TERMS, AGREEMENTS, COVENANTS, CONDITIONS OR PROVISIONS
OF THIS LEASE, EXCEPT TO THE EXTENT SUCH CLAIMS WOULD BE WAIVED OR OTHERWISE
BARRED IF NOT SO ASSERTED.
IN AMPLIFICATION OF THE FOREGOING AND NOT IN
LIMITATION THEREOF, TENANT AGREES NOT TO INTERPOSE, BY CONSOLIDATION OF ACTIONS,
REMOVAL TO CHANCERY OR OTHERWISE, ANY COUNTERCLAIM OR OTHER CLAIMS FOR