INTEREST.
TENANT ACKNOWLEDGES THAT LANDLORD
HAS THE RIGHT TO TRANSFER ALL OR ANY PORTION OF ITS INTEREST IN THE REAL
PROPERTY AND IN THIS LEASE, AND TENANT AGREES THAT IN THE EVENT OF ANY SUCH
TRANSFER AND A TRANSFER OF THE SECURITY DEPOSIT, LANDLORD SHALL AUTOMATICALLY BE
RELEASED
28
FROM ALL LIABILITY UNDER THIS LEASE AND TENANT AGREES TO LOOK SOLELY TO SUCH
TRANSFEREE FOR THE PERFORMANCE OF LANDLORD'S OBLIGATIONS HEREUNDER AFTER THE
DATE OF TRANSFER.
TENANT FURTHER ACKNOWLEDGES THAT LANDLORD MAY ASSIGN ITS
INTEREST IN THIS LEASE TO THE HOLDER OF ANY MORTGAGE OR DEED OF TRUST AS
ADDITIONAL SECURITY, BUT AGREES THAT SUCH AN ASSIGNMENT SHALL NOT RELEASE
LANDLORD FROM ITS OBLIGATIONS HEREUNDER AND THAT TENANT SHALL CONTINUE TO LOOK
TO LANDLORD FOR THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER.
25.5
PROHIBITION AGAINST RECORDING.
EXCEPT AS PROVIDED IN SECTION 25.3
OF THIS LEASE, NEITHER THIS LEASE, NOR ANY MEMORANDUM, AFFIDAVIT OR OTHER
WRITING WITH RESPECT THERETO, SHALL BE RECORDED BY TENANT OR BY ANYONE ACTING
THROUGH, UNDER OR ON BEHALF OF TENANT, AND THE RECORDING THEREOF IN VIOLATION OF
THIS PROVISION SHALL MAKE THIS LEASE NULL AND VOID AT LANDLORD'S ELECTION.
25.6
CAPTIONS.
THE CAPTIONS OF ARTICLES AND SECTIONS ARE FOR
CONVENIENCE ONLY AND SHALL NOT BE DEEMED TO LIMIT, CONSTRUE, AFFECT OR ALTER THE
MEANING OF SUCH ARTICLES AND SECTIONS.
25.7
RELATIONSHIP OF PARTIES.
NOTHING CONTAINED IN THIS LEASE SHALL BE
DEEMED OR CONSTRUED BY THE PARTIES HERETO OR BY ANY THIRD PARTY TO CREATE THE
RELATIONSHIP OF PRINCIPAL AND AGENT, PARTNERSHIP, JOINT VENTURER OR ANY
ASSOCIATION BETWEEN LANDLORD AND TENANT, IT BEING EXPRESSLY UNDERSTOOD AND
AGREED THAT NEITHER THE METHOD OF COMPUTATION OF RENT NOR ANY ACT OF THE PARTIES
HERETO SHALL BE DEEMED TO CREATE ANY RELATIONSHIP BETWEEN LANDLORD AND TENANT
OTHER THAN THE RELATIONSHIP OF LANDLORD AND TENANT.
25.8
TIME OF ESSENCE.
TIME IS OF THE ESSENCE OF THIS LEASE AND EACH OF
ITS PROVISIONS.
25.9
PARTIAL INVALIDITY.
IF ANY TERM, PROVISION OR CONDITION CONTAINED
IN THIS LEASE SHALL, TO ANY EXTENT, BE INVALID OR UNENFORCEABLE, THE REMAINDER
OF THIS LEASE, OR THE APPLICATION OF SUCH TERM, PROVISION OR CONDITION TO
PERSONS OR CIRCUMSTANCES OTHER THAN THOSE WITH RESPECT 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.
25.10
LANDLORD EXCULPATION.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT
NOTWITHSTANDING ANYTHING IN THIS LEASE TO THE CONTRARY, AND NOTWITHSTANDING ANY
APPLICABLE LAW TO THE CONTRARY, THE LIABILITY OF LANDLORD AND THE LANDLORD
PARTIES HEREUNDER (INCLUDING ANY SUCCESSOR LANDLORD) AND ANY RECOURSE BY TENANT
AGAINST LANDLORD OR THE LANDLORD PARTIES (INCLUDING ANY SUCCESSOR LANDLORD)
SHALL BE LIMITED SOLELY AND EXCLUSIVELY TO AN AMOUNT WHICH IS EQUAL TO THE
INTEREST OF LANDLORD IN THE BUILDING COMPLEX, AND NEITHER LANDLORD, NOR ANY OF
THE LANDLORD PARTIES SHALL HAVE ANY PERSONAL LIABILITY THEREFOR, AND TENANT
HEREBY EXPRESSLY WAIVES AND RELEASES SUCH