OR REMAIN IN
POSSESSION OF ANY PORTION OF THE PREMISES BEYOND THE EXPIRATION DATE, TENANT
SHALL BE SUBJECT NOT ONLY TO SUMMARY PROCEEDING AND ALL DAMAGES RELATED THERETO,
BUT, IF SUCH HOLDING OVER EXCEEDS SIXTY (60) DAYS,
ALSO TO ANY DAMAGES ARISING
OUT OF ANY LOST OPPORTUNITIES (AND/OR NEW LEASES) BY LANDLORD TO RE-LET THE
PREMISES (OR ANY PART THEREOF).
ALL DAMAGES TO LANDLORD BY REASON OF SUCH
HOLDING OVER BY TENANT MAY BE THE SUBJECT OF A SEPARATE ACTION AND NEED NOT BE
ASSERTED BY LANDLORD IN ANY SUMMARY PROCEEDINGS AGAINST TENANT.
ARTICLE 35
MISCELLANEOUS PROVISIONS AND DEFINITIONS
35.01
NO AGREEMENT SHALL BE EFFECTIVE TO CHANGE, MODIFY,
WAIVE, RELEASE, DISCHARGE, TERMINATE OR EFFECT AN ABANDONMENT OF THIS LEASE, IN
WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, THIS SECTION 35.01, UNLESS SUCH
AGREEMENT IS IN WRITING, REFERS EXPRESSLY TO THIS LEASE AND IS SIGNED BY THE
PARTY AGAINST WHOM ENFORCEMENT OF THE CHANGE, MODIFICATION, WAIVER, RELEASE,
DISCHARGE, TERMINATION OR EFFECTUATION OF THE ABANDONMENT IS SOUGHT (OR IN THE
CASE OF A CHANGE OR MODIFICATION, UNLESS SUCH AGREEMENT IS SIGNED BY BOTH
LANDLORD AND TENANT).
IF TENANT SHALL AT ANY TIME REQUEST LANDLORD TO SUBLET
THE PREMISES FOR TENANT'S ACCOUNT, LANDLORD OR ITS AGENT IS AUTHORIZED TO
RECEIVE KEYS FOR SUCH PURPOSES WITHOUT RELEASING TENANT FROM ANY OF ITS
OBLIGATIONS UNDER THIS LEASE, AND TENANT HEREBY RELEASES LANDLORD OF ANY
LIABILITY FOR LOSS OR DAMAGE TO ANY OF TENANT'S PROPERTY IN CONNECTION WITH SUCH
SUBLETTING UNLESS CAUSED BY OR RESULTING FROM THE NEGLIGENCE OR WILLFUL ACT OF
LANDLORD, ITS AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES.
35.02
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE,
THE OBLIGATIONS OF THIS LEASE SHALL BIND AND BENEFIT THE SUCCESSORS AND ASSIGNS
OF THE PARTIES HERETO WITH THE SAME EFFECT AS IF MENTIONED IN EACH INSTANCE
WHERE A PARTY IS NAMED OR REFERRED TO; PROVIDED, HOWEVER, THAT (A) NO VIOLATION
OF THE PROVISIONS OF ARTICLE 7 SHALL OPERATE TO VEST ANY RIGHTS IN ANY SUCCESSOR
OR ASSIGNEE OF TENANT AND (B) THE PROVISIONS OF THIS ARTICLE 35 SHALL NOT BE
CONSTRUED AS MODIFYING THE CONDITIONS OF LIMITATION CONTAINED IN ARTICLE 22.
35.03
TENANT SHALL LOOK ONLY TO LANDLORD'S ESTATE AND
PROPERTY IN THE LAND AND THE BUILDING (AND THE SALE AND RENTAL PROCEEDS
THEREFROM) FOR THE SATISFACTION OF TENANT'S REMEDIES, FOR THE COLLECTION OF A
JUDGMENT (OR OTHER JUDICIAL PROCESS) REQUIRING THE PAYMENT OF MONEY BY LANDLORD
IN THE EVENT OF ANY DEFAULT BY LANDLORD HEREUNDER, AND NO OTHER PROPERTY OR
ASSETS OF LANDLORD OR ITS MEMBERS, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS
OR PRINCIPALS,
72
DISCLOSED OR UNDISCLOSED, SHALL BE SUBJECT TO LEVY, EXECUTION OR OTHER
ENFORCEMENT PROCEDURE FOR THE SATISFACTION OF TENANT'S REMEDIES UNDER OR WITH
RESPECT TO THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT HEREUNDER OR
TENANT'S USE OR OCCUPANCY OF THE PREMISES.
35.04
(A)
EXCEPT AS
EXPRESSLY PROVIDED IN SECTION 35.04(B) AND ARTICLES 19 AND 20 HEREOF, THE
OBLIGATIONS OF TENANT HEREUNDER SHALL IN NO WAY BE AFFECTED, IMPAIRED OR
EXCUSED, NOR SHALL