COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION,
ATTORNEYS' FEES) INCURRED BY LANDLORD BY REASON OF ANY BREACH OR INACCURACY OF
SUCH REPRESENTATION OR WARRANTY.
LANDLORD SHALL PAY ANY COMPENSATION DUE TO THE
BROKERS PURSUANT TO A SEPARATE COMMISSION AGREEMENT.
13.
LANDLORD'S LIMITATION OF LIABILITY.
IT IS
EXPRESSLY UNDERSTOOD AND AGREED THAT NOTWITHSTANDING ANYTHING IN THE LEASE (AS
HEREBY AMENDED) TO THE CONTRARY, AND NOTWITHSTANDING ANY APPLICABLE LAW TO THE
CONTRARY, THE LIABILITY OF LANDLORD HEREUNDER (INCLUDING ANY SUCCESSOR LANDLORD)
AND ANY RECOURSE BY TENANT AGAINST LANDLORD SHALL BE LIMITED SOLELY AND
EXCLUSIVELY TO THE INTEREST OF LANDLORD IN AND TO THE BUILDING, AND NEITHER
LANDLORD, NOR ANY OF ITS CONSTITUENT PARTNERS, 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.
UNDER NO CIRCUMSTANCES SHALL LANDLORD OR TENANT BE LIABLE FOR INJURY TO
THE BUSINESS OF THE OTHER OR FOR ANY LOSS OF INCOME OR PROFIT THEREFROM.
NOTHING HEREIN SHALL BE DEEMED A WAIVER OF TENANT'S RIGHTS TO RECOVER FROM ANY
PARTY OTHER THAN LANDLORD SUCH DAMAGES AS MAY BE AVAILABLE UNDER APPLICABLE LAW.
14.
LANDLORD EXCULPATION; CB RICHARD ELLIS
INVESTORS, LLC AS SIGNATORY. THIS FOURTH AMENDMENT IS BEING EXECUTED BY CB
RICHARD ELLIS INVESTORS, LLC ("CB RICHARD ELLIS") ON BEHALF OF LANDLORD.
NO
PRESENT OR FUTURE OFFICER, DIRECTOR, EMPLOYEE, TRUSTEE, PARTNER, MEMBER,
MANAGER, RETIRANT, BENEFICIARY, INTERNAL INVESTMENT CONTRACTOR, INVESTMENT
MANAGER OR AGENT OF LANDLORD SHALL HAVE ANY PERSONAL LIABILITY, DIRECTLY OR
INDIRECTLY, AND RECOURSE SHALL NOT BE HAD AGAINST ANY SUCH OFFICER, DIRECTOR,
EMPLOYEE, TRUSTEE, PARTNER, MEMBER, MANAGER, RETIRANT, BENEFICIARY, INTERNAL
INVESTMENT CONTRACTOR, INVESTMENT MANAGER OR AGENT UNDER OR IN CONNECTION WITH
THE AMENDMENT, AS HEREBY AMENDED, OR ANY OTHER DOCUMENT OR INSTRUMENT HERETOFORE
OR HEREAFTER EXECUTED IN CONNECTION WITH THE LEASE, AS HEREBY AMENDED.
TENANT
HEREBY WAIVES AND RELEASES ANY AND ALL SUCH PERSONAL LIABILITY AND RECOURSE.
THE LIMITATIONS OF LIABILITY PROVIDED IN THIS SECTION 13 ARE IN ADDITION TO, AND
NOT IN LIMITATION OF, ANY LIMITATION ON LIABILITY APPLICABLE TO LANDLORD
PROVIDED BY LAW OR IN ANY OTHER CONTRACT, AGREEMENT OR INSTRUMENT.
TENANT
FURTHER ACKNOWLEDGES THAT CB RICHARD ELLIS HAS ENTERED INTO THIS FOURTH
AMENDMENT AS INVESTMENT MANAGER TO LANDLORD AND TENANT AGREES THAT ALL PERSONS
DEALING WITH CB RICHARD ELLIS MUST LOOK SOLELY TO LANDLORD (FOR WHICH CB RICHARD
ELLIS IS ACTING AS INVESTMENT MANAGER) FOR THE ENFORCEMENT OF ANY CLAIMS ARISING
UNDER THE LEASE, AS HEREBY AMENDED (SUBJECT TO THE LIMITATIONS UPON LANDLORD'S
LIABILITY SET FORTH ABOVE), AS NEITHER CB RICHARD ELLIS NOR ANY OF ITS
AFFILIATED ENTITIES (INCLUDING, BUT NOT LIMITED TO CB RICHARD ELLIS, INC. AND CB
RICHARD ELLIS REAL ESTATE SERVICES, INC.) NOR ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, AGENTS, MANAGERS, TRUSTEES, EMPLOYEES, MEMBERS, INVESTMENT MANAGERS,
PARTNERS OR SHAREHOLDERS ASSUME ANY PERSONAL,
13
CORPORATE, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR OTHER LIABILITY FOR ANY OF
THE OBLIGATIONS ENTERED INTO BY CB RICHARD ELLIS AS INVESTMENT MANAGER FOR
LANDLORD.
15.
ACKNOWLEDGMENT, REPRESENTATION AND WARRANTY
REGARDING