THIS LEASE WITHOUT HINDRANCE OR MOLESTATION BY LANDLORD OR BY ANY PERSON
OR PERSONS CLAIMING UNDER LANDLORD.
25.6
LANDLORD'S CONTINUING OBLIGATIONS.
THE TERM
"LANDLORD," AS USED IN THIS LEASE, SO FAR AS COVENANTS OR OBLIGATIONS ON THE
PART OF LANDLORD ARE CONCERNED, SHALL BE LIMITED TO MEAN AND INCLUDE ONLY THE
OWNER OR OWNERS AT THE TIME IN QUESTION OF THE FEE OF THE DEMISED PREMISES, AND
IN THE EVENT OF ANY TRANSFER OR TRANSFERS OR CONVEYANCE, THE THEN GRANTOR SHALL
BE AUTOMATICALLY FREED AND RELIEVED FROM AND AFTER THE DATE OF SUCH TRANSFER OR
CONVEYANCE OF ALL LIABILITY AS RESPECTS THE PERFORMANCE OF ANY COVENANTS OR
OBLIGATIONS ON THE PART OF LANDLORD CONTAINED IN
THIS LEASE THEREAFTER TO BE
PERFORMED, PROVIDED THAT ANY FUNDS IN THE HANDS OF SUCH LANDLORD OR THE THEN
GRANTOR AT THE TIME OF SUCH TRANSFER, IN WHICH TENANT HAS AN INTEREST, SHALL BE
TURNED OVER TO THE GRANTEE, AND ANY AMOUNT THEN DUE AND PAYABLE TO TENANT BY
LANDLORD OR THE THEN GRANTOR UNDER ANY PROVISION OF THIS LEASE, SHALL BE PAID TO
TENANT, AND FURTHER PROVIDED THAT THE NEW LANDLORD EXPRESSLY ASSUMES IN WRITING
FOR THE BENEFIT OF TENANT ALL OBLIGATIONS OF LANDLORD UNDER THIS LEASE.
THE
COVENANTS AND OBLIGATIONS CONTAINED IN THIS LEASE ON THE PART OF LANDLORD SHALL,
SUBJECT TO THE AFORESAID, BE BINDING ON LANDLORD'S SUCCESSORS AND ASSIGNS DURING
AND IN RESPECT OF THEIR RESPECTIVE SUCCESSIVE PERIODS OF OWNERSHIP.
NOTHING
HEREIN CONTAINED SHALL BE CONSTRUED AS RELIEVING LANDLORD OF ITS OBLIGATIONS
UNDER ARTICLE II OF THIS LEASE OR RELEASING LANDLORD FROM ANY OBLIGATION TO
COMPLETE THE CURE OF ANY BREACH BY LANDLORD DURING THE PERIOD OF ITS OWNERSHIP
OF THE DEMISED PREMISES.
HOWEVER, TENANT AGREES TO LOOK SOLELY TO LANDLORD'S
INTEREST IN THE LAND, THE BUILDINGS AND THE IMPROVEMENTS FOR THE RECOVERY OF ANY
JUDGMENT FROM LANDLORD, IT BEING AGREED THAT, IF LANDLORD IS A PARTNERSHIP,
LANDLORD'S PARTNERS, WHETHER GENERAL OR LIMITED, OR IF LANDLORD IS A
CORPORATION, ITS DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL NEVER BE PERSONALLY
LIABLE FOR ANY SUCH JUDGMENTS OR DAMAGES.
NOTWITHSTANDING THE FOREGOING,
LANDLORD AND ITS GENERAL PARTNER SHALL BE FULLY AND PERSONALLY LIABLE FOR CLAIMS
BY TENANT RELATING TO LANDLORD'S OBLIGATIONS UNDER SECTIONS 2.1 (THE
IMPROVEMENTS), 2.6 (LIQUIDATED DAMAGES FOR DELAY IN SUBSTANTIAL COMPLETION), AND
2.9 (CONDITION OF DEMISED PREMISES; LIMITED WARRANTY), PROVIDED THAT SUCH
PERSONAL LIABILITY UNDER SECTION 2.9 FOR DEFECTS IN THE IMPROVEMENTS FOR ANY
PHASE SHALL ONLY APPLY WITH RESPECT TO DEFECTS OF WHICH TENANT GIVES LANDLORD
NOTICE WITHIN ONE (1) YEAR AFTER THE COMMENCEMENT DATE OR APPLICABLE DELIVERY
DATE FOR SUCH PHASE.
25.7
ESTOPPEL.
EITHER PARTY SHALL, WITHOUT CHARGE AT
ANY TIME AND FROM TIME TO TIME, WITHIN TEN (10) BUSINESS DAYS AFTER WRITTEN
REQUEST BY THE OTHER PARTY, CERTIFY BY WRITTEN INSTRUMENT, DULY EXECUTED,
ACKNOWLEDGED AND DELIVERED TO ANY MORTGAGEE, ASSIGNEE OF A
48
MORTGAGEE, PROPOSED MORTGAGEE, PURCHASER OR PROPOSED PURCHASER, OR ANY OTHER
PERSON DEALING WITH SUCH OTHER PARTY:
(A)
THAT THIS LEASE (AND ALL GUARANTIES, IF
ANY)