BY THE BREACH OR DEFAULT BY LANDLORD IN THE
PERFORMANCE OR OBSERVANCE OF ITS COVENANTS OR OBLIGATIONS UNDER THIS LEASE; AND
PROVIDED, HOWEVER, THAT IN NO EVENT SHALL LANDLORD HAVE ANY LIABILITY TO TENANT
FOR CLAIMS BASED ON THE INTERRUPTION OF OR LOSS TO TENANT'S BUSINESS OR FOR ANY
INDIRECT LOSSES OR CONSEQUENTIAL DAMAGES WHATSOEVER OR FOR CLAIMS FOR WHICH
TENANT IS INSURED OR REQUIRED UNDER THIS LEASE TO BE INSURED.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THIS SECTION 15.2(B) OR ELSEWHERE IN THIS LEASE,
THIS SECTION 15.2(B) SHALL NOT APPLY TO THE HOLDER OF ANY MORTGAGE OR DEED OF
TRUST SECURED BY THE BUILDING IF SUCH HOLDER ACTS AS LANDLORD UNDER THIS LEASE
OR OTHERWISE OWNS OR HOLDS TITLE TO THE BUILDING BY FORECLOSURE OR DEED-IN-LIEU
OF FORECLOSURE.
IN THE EVENT THAT AT ANY TIME LANDLORD SHALL SELL OR TRANSFER TITLE TO THE
BUILDING, PROVIDED THE PURCHASER OR TRANSFEREE ASSUMES THE OBLIGATIONS OF
LANDLORD HEREUNDER ARISING FROM AND AFTER THE DATE OF THE TRANSFER, THE LANDLORD
NAMED HEREIN SHALL NOT BE LIABLE TO TENANT FOR ANY OBLIGATIONS OR LIABILITIES
BASED ON OR ARISING OUT OF EVENTS OR CONDITIONS OCCURRING ON OR AFTER THE DATE
OF SUCH SALE OR TRANSFER.
FURTHERMORE, TENANT AGREES TO ATTORN TO ANY SUCH
PURCHASER OR TRANSFEREE UPON ALL THE TERMS AND CONDITIONS OF THIS LEASE.
IN THE EVENT THAT AT ANY TIME DURING THE LEASE TERM TENANT SHALL HAVE A CLAIM
AGAINST LANDLORD, TENANT SHALL NOT HAVE THE RIGHT TO DEDUCT THE AMOUNT ALLEGEDLY
OWED TO TENANT FROM ANY RENT OR OTHER SUMS PAYABLE TO LANDLORD HEREUNDER, IT
BEING UNDERSTOOD THAT TENANT'S SOLE REMEDY FOR RECOVERING UPON SUCH CLAIM SHALL
BE TO INSTITUTE AN INDEPENDENT ACTION AGAINST LANDLORD.
TENANT AGREES THAT IN THE EVENT TENANT IS AWARDED A MONEY JUDGMENT AGAINST
LANDLORD, TENANT'S SOLE RECOURSE FOR SATISFACTION OF SUCH JUDGMENT SHALL BE
LIMITED TO EXECUTION AGAINST THE ESTATE AND INTEREST OF LANDLORD IN THE
BUILDING, INCLUDING RENTS,AND ANY UNDISTRIBUTED INSURANCE PROCEEDS THAT WERE NOT
APPLIED AS REQUIRED BY THIS LEASE, CONDEMNATION AWARDS, AND NET PROCEEDS
RESULTING FROM A SALE OR REFINANCING OF THE BUILDING.
IN NO EVENT SHALL ANY
OTHER ASSETS OF LANDLORD, ANY PARTNER OF LANDLORD, THE HOLDER OF ANY MORTGAGE
(OR ANYONE CLAIMING BY THROUGH OR UNDER SUCH HOLDER) OR ANY OTHER PERSON OR
ENTITY BE AVAILABLE TO SATISFY, OR BE SUBJECT TO, SUCH JUDGMENT, NOR SHALL ANY
PARTNER OF LANDLORD OR ANY SUCH OTHER PERSON OR ENTITY BE HELD TO HAVE ANY
PERSONAL LIABILITY FOR SATISFACTION OF ANY CLAIMS OR JUDGMENTS THAT TENANT MAY
HAVE AGAINST LANDLORD OR ANY PARTNER OF LANDLORD IN SUCH PARTNER'S CAPACITY AS A
PARTNER OF LANDLORD.
RULES AND REGULATIONS
TENANT AND ITS AGENTS, EMPLOYEES, INVITEES, LICENSEES, CUSTOMERS, CLIENTS,
FAMILY MEMBERS, GUESTS AND PERMITTED SUBTENANTS SHALL AT ALL TIMES ABIDE BY AND
OBSERVE THE RULES AND REGULATIONS ATTACHED HERETO AS EXHIBIT C.
IN ADDITION,
TENANT AND ITS AGENTS, EMPLOYEES, INVITEES, LICENSEES, CUSTOMERS, CLIENTS,
FAMILY MEMBERS, GUESTS AND PERMITTED SUBTENANTS SHALL ABIDE BY AND OBSERVE ALL
OTHER REASONABLE RULES