TO WHICH IT IS INVALID OR UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY, AND EACH
AND EVERY OTHER TERM, PROVISION AND CONDITION OF THIS LEASE SHALL BE VALID AND
ENFORCEABLE TO THE FULLEST EXTENT POSSIBLE PERMITTED BY LAW.
29.11
NO WARRANTY.
IN EXECUTING AND DELIVERING THIS LEASE,
AND EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN THIS LEASE, TENANT HAS NOT
RELIED ON ANY REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION
AS TO THE AMOUNT OF ANY ITEM COMPRISING ADDITIONAL RENT OR THE AMOUNT OF THE
ADDITIONAL RENT IN THE AGGREGATE OR THAT LANDLORD IS FURNISHING THE SAME
SERVICES TO OTHER TENANTS, AT ALL, ON THE SAME LEVEL OR ON THE SAME BASIS, OR
ANY WARRANTY OR ANY STATEMENT OF LANDLORD WHICH IS NOT SET FORTH HEREIN OR IN
ONE OR MORE OF THE EXHIBITS ATTACHED HERETO.
29.12
LANDLORD EXCULPATION.
THE LIABILITY OF LANDLORD OR
THE LANDLORD PARTIES TO TENANT FOR ANY DEFAULT BY LANDLORD UNDER THIS LEASE OR
ARISING IN CONNECTION HEREWITH OR WITH LANDLORD'S OPERATION, MANAGEMENT,
LEASING, REPAIR, RENOVATION, ALTERATION OR ANY OTHER MATTER RELATING TO THE
PROJECT, THE BUILDING OR THE PREMISES SHALL BE LIMITED SOLELY AND EXCLUSIVELY TO
AN AMOUNT WHICH IS EQUAL TO THE INTEREST OF LANDLORD IN THE BUILDING, AND ANY
SALES, CONDEMNATION OR INSURANCE PROCEEDS RECEIVED BY LANDLORD OR THE LANDLORD
PARTIES IN CONNECTION WITH THE PROJECT, BUILDING OR PREMISES.
NEITHER LANDLORD,
NOR ANY OF THE LANDLORD PARTIES SHALL HAVE ANY PERSONAL LIABILITY THEREFOR, AND
TENANT HEREBY EXPRESSLY WAIVES AND RELEASES SUCH PERSONAL LIABILITY ON BEHALF OF
ITSELF AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER TENANT.
THE LIMITATIONS OF
LIABILITY CONTAINED IN THIS SECTION 29.12 SHALL INURE TO THE BENEFIT OF
LANDLORD'S AND THE LANDLORD PARTIES' PRESENT AND FUTURE PARTNERS, BENEFICIARIES,
OFFICERS, DIRECTORS, TRUSTEES, SHAREHOLDERS, AGENTS AND EMPLOYEES, AND THEIR
RESPECTIVE PARTNERS, HEIRS, SUCCESSORS AND ASSIGNS.
UNDER NO CIRCUMSTANCES
SHALL ANY PRESENT OR FUTURE PARTNER OF LANDLORD (IF LANDLORD IS A PARTNERSHIP),
OR TRUSTEE OR BENEFICIARY (IF LANDLORD OR ANY PARTNER OF LANDLORD IS A TRUST),
HAVE ANY LIABILITY FOR THE PERFORMANCE OF LANDLORD'S OBLIGATIONS UNDER THIS
LEASE.
29.13
ENTIRE AGREEMENT.
IT IS UNDERSTOOD AND ACKNOWLEDGED
THAT THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES HERETO AFFECTING THIS
LEASE AND THIS LEASE CONSTITUTES THE PARTIES' ENTIRE AGREEMENT WITH RESPECT TO
THE LEASING OF THE PREMISES AND SUPERSEDES AND CANCELS ANY AND ALL PREVIOUS
NEGOTIATIONS, ARRANGEMENTS, BROCHURES, AGREEMENTS AND UNDERSTANDINGS, IF ANY,
BETWEEN THE PARTIES HERETO OR DISPLAYED BY LANDLORD TO TENANT WITH RESPECT TO
THE SUBJECT MATTER THEREOF, AND NONE THEREOF SHALL BE USED TO INTERPRET OR
CONSTRUE THIS LEASE.
NONE OF THE TERMS, COVENANTS, CONDITIONS OR PROVISIONS OF
THIS LEASE CAN BE MODIFIED, DELETED OR ADDED TO EXCEPT IN WRITING SIGNED BY THE
PARTIES HERETO.
29.14
RIGHT TO LEASE.
LANDLORD RESERVES THE ABSOLUTE RIGHT
TO EFFECT SUCH OTHER TENANCIES IN THE PROJECT AS LANDLORD IN THE EXERCISE OF ITS
SOLE BUSINESS JUDGMENT SHALL DETERMINE TO BEST PROMOTE THE INTERESTS OF THE
BUILDING
31
OR PROJECT.
TENANT DOES NOT RELY ON THE FACT,