A SEPARATE COUNTERPART,
EACH
OF WHICH, TAKEN TOGETHER,
SHALL BE AN ORIGINAL, AND ALL OF WHICH SHALL
CONSTITUTE ONE AND SAME INSTRUMENT.
(F)
THE TERM "LANDLORD" AS USED IN THIS LEASE
SHALL MEAN ONLY THE OWNER OR OWNERS AT THE TIME IN QUESTION OF THE PREMISES AND
IN THE EVENT OF ANY TRANSFER OF SUCH TITLE OR INTEREST, LANDLORD NAMED IN THIS
LEASE (AND IN CASE OF ANY SUBSEQUENT TRANSFERS, THEN THE GRANTOR) SHALL BE
RELIEVED FROM AND AFTER THE DATE OF SUCH TRANSFER OF ALL LIABILITY AS RESPECTS
LANDLORD'S OBLIGATIONS THEREAFTER TO BE PERFORMED HEREUNDER, PROVIDED THAT ANY
FUNDS IN THE HANDS OF LANDLORD OR THE THEN GRANTOR AT THE TIME OF SUCH TRANSFER,
IN WHICH TENANT HAS AN INTEREST, SHALL BE DELIVERED TO THE GRANTEE. THE
OBLIGATIONS CONTAINED IN THIS LEASE TO BE PERFORMED BY LANDLORD SHALL, SUBJECT
AS AFORESAID, BE BINDING ON LANDLORD'S SUCCESSORS AND ASSIGNS, ONLY DURING THEIR
RESPECTIVE PERIODS OF OWNERSHIP.
(G)
FOR ALL ISSUES WHICH ARE SITE-SPECIFIC, THIS
LEASE SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH AND
SUBJECT TO THE LAWS OF THE STATE WHERE THE SITE IS LOCATED, AND FOR ALL ISSUES
WHICH ARE NOT SITE SPECIFIC, THE INTERNAL LAWS, WITHOUT REGARD TO CONFLICTS OF
LAWS, OF THE STATE OF NEW YORK.
(H)
ANY CLAIM BASED ON OR IN RESPECT OF ANY
LIABILITY OF LANDLORD UNDER THIS LEASE SHALL BE ENFORCED ONLY AGAINST THE
PREMISES AND NOT AGAINST ANY OTHER ASSETS, PROPERTIES OR FUNDS OF (1) LANDLORD
OR ANY DIRECTOR, OFFICER, MEMBER, SHAREHOLDER, GENERAL PARTNER, LIMITED PARTNER,
OR DIRECT OR INDIRECT MEMBER, PARTNER, EMPLOYEE OR AGENT OF LANDLORD OR ANY OF
ITS MEMBERS (OR ANY LEGAL REPRESENTATIVE, HEIR, ESTATE, SUCCESSOR OR ASSIGN OF
ANY THEREOF), (2) ANY PREDECESSOR OR SUCCESSOR PARTNERSHIP, CORPORATION OR
LIMITED LIABILITY COMPANY (OR OTHER ENTITY) OF LANDLORD OR ANY OF ITS MEMBERS,
EITHER DIRECTLY OR THROUGH LANDLORD OR ITS PREDECESSOR OR SUCCESSOR PARTNERSHIP,
CORPORATION OF LIMITED LIABILITY COMPANY (OR OTHER PERSON) OF LANDLORD OR ITS
GENERAL PARTNERS, AND (3) ANY OTHER PERSON.
(I)
WITHOUT THE WRITTEN APPROVAL OF LANDLORD
AND TENANT, NO PERSON OTHER THAN LANDLORD (INCLUDING ITS DIRECT AND INDIRECT
PARTNERS), MORTGAGEE, TENANT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL
HAVE ANY RIGHTS UNDER THIS LEASE.
(J)
THERE SHALL BE NO MERGER OF THE
LEASEHOLD ESTATE CREATED HEREBY BY REASON OF THE FACT THAT THE SAME PERSON MAY
OWN DIRECTLY OR INDIRECTLY, (1) THE LEASEHOLD ESTATE CREATED HEREBY OR ANY
INTEREST IN THIS LEASE OR SUCH LEASEHOLD ESTATE AND (2) THE FEE ESTATE IN THE
PREMISES.
NOTWITHSTANDING ANY SUCH COMBINED OWNERSHIP, THIS LEASE SHALL
CONTINUE IN FULL FORCE AND EFFECT UNTIL TERMINATED BY AN INSTRUMENT EXECUTED BY
BOTH LANDLORD AND TENANT.
(K)
WHENEVER IN THIS LEASE EITHER PARTY IS
REQUIRED TO TAKE AN ACTION WITHIN A PARTICULAR TIME PERIOD, DELAYS CAUSED BY
ACTS OF GOD, WAR, MAJOR CASUALTY, STRIKE, LABOR SHORTAGE OR OTHER CAUSE BEYOND
THE REASONABLE CONTROL OF SUCH PARTY SHALL NOT BE COUNTED IN DETERMINING THE
TIME IN WHICH SUCH PERFORMANCE