|
Landlord or any of the other Landlord Parties, and 0) at no time shall Landlord be responsible or liable to Tenant for any lost profits, loss economic
<br />opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord of Landlord's Lease Undertakings or in
<br />connection with any ather matter relating to Tenant's use or occupancy of the Premises.
<br />16.3 Sale by Landlord. A sale or conveyance by Landlord of the Project or of any portion thereof containing the Premises shall
<br />Operate to release Landlord from any liability with respect to any of the agreements, obligations, covenants or conditions, express or implied, herein
<br />contained in favor of Tenant (hot are to be perfomed after (and/or that first accrue after) such sale or conveyance, and Tenant agrees to look solely to
<br />the successor in interest of Landlord in and to this Lease for the performance of all o the agreements, obligations, covenants or conditions, express or
<br />implied, herein contained in favor of Tenant that are to be performed after (or that first accrue after) such sale or conveyance (and for satisfaction or
<br />all liabilities arising out of the same). This Lease shall not be affected by any such sale, however, and Tenant agrees to attorn to the purchaser or
<br />assignee, such adornment to be effective and self -operative without the execution of any further instruments by anyof the parties to this Lease.
<br />ARTICLE 17-MISCELLANEOUS
<br />17.1 Lglm. All notices, requests and/or demands which Landlord or Tenant may be required, or may desire, to serve on the other
<br />(or any Holder) shall, except as expressly provided otherwise herein, be in writing and may be served, as an alternative to personal service, by
<br />mailing the same by registered or certified mail, postage prepaid, or by a reputable overnight courier service, which provides evidence or delivery,
<br />addressed to the Landlord at the address for Landlord set forth in Item 11.2 of the Basic Lease Provisions and to Tenant at the address for Tenant set
<br />forth in Item 11.1 of file Basic Lease Provisions, or, from and after the Commencement Date, to the Tenant at die Premises whether or not Tenant has
<br />departed from, abandoned or vacated the Premises, or addressed to such other address or addresses as either Landlord or Tenant may front time to
<br />time designate written notice to the other. Any such notice, request or demand shall be deemed to have been served at the time the same was posted.
<br />17.2 Brokers. The parties recognize as the broker(s) who procured this Lease, tine firm(s) specified in ltem_2 of the Basic Lease
<br />Provisions and agree that Landlord shall be solely responsible for the payment crony brokerage commissions to said broker(s), and that Tenant shall
<br />have no responsibility therefor unless written provision to the contrary has been made a part of this Lease. if Tenant has dealt with any other person
<br />or real estate broker in respect to leasing, subleasing or renting space in die Building, Tenant shall be solely responsible for the payment of any fee
<br />due said person or firm and Tenant shall protect, indemnity, hold harmless and defend Landlord from any Claims relating thereto.
<br />17.3 Rights Reserved by Landlord.
<br />17.3.1 Entry by Lnndlord. Landlord may enter the Premises at all reasonable limes to: (a) inspect the same; (b) exhibit die
<br />salve to prospective purchasers, lenders or tenants; (c) determine whether Tenant is complying with all of its obligations under this Lease; (d) supply
<br />janitorial and other services to be provided by Landlord to Tenant under this Lease; (e) post notices of non- responsibility; (a) exercise any of
<br />Landlord's lights or perform any of Landlord's obligations under this Lease, (t) make repairs or improvements is or to the Project or the Premises
<br />(provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as
<br />reasonably possible) or (g) for any other reasonable purpose. Tenant hereby waives any claim for damages for any injury or inconvenience to, or
<br />interference with, Tenant's business, any loss of occupancy or quiet enjoyment oFdie Premises or any other loss occasioned by such entry. Landlord
<br />shall at all limes have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant's vaults, safes and similar
<br />areas designated by Tentan in writing in advance), and Landlord shall have die right to use any and all means by which Landlord may deem proper to
<br />open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under
<br />any circumstances be deemed or construed to be a forcible or unlawPol entry into or a detainer of the Premises or an eviction, actual or constructive,
<br />of Tenant from ally part of tine Remises. Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease. If Landlord shall
<br />be required to obtain entry by means other than a key provided by Tenant, the cost of such entry shall be payable by Tenant to Landlord.
<br />17.3,2 Right to Least; Prniect or Building None and Si -maze, Landlord reserves the absolute right to: (a) lease space in
<br />the Project and to ereale such other tenancies in the Project as Landlord, in its sole business judgment, shall determine is in the best interests of the
<br />Project; (b) to change die name or street address of the Building and/or the Project; and (c) to install, affix and maintain any and all signs on the
<br />exterior and on die interior of the Building and/or the Project as Landlord may so desire, in its sole discretion. Landlord does not represent and
<br />Tenant does not rely upon any specific type or number or tenants occupying any space in the Building or the Project during the Tenn of this Lease.
<br />Tenant shall not, without the prior written consent of Landlord, use the name of the Building and/or the Project, or any piclnres or illustrations ofthe
<br />Building and/or the Project. in Tenants advertising or in any miner publicity, and to the extent that Landlord grants such consent, shall refer to the
<br />Building and/or (he Project by the name designated by Landlord.
<br />17.3.3 The Other Improvements. If portions of the Project or property adjutant to the PRerject (collectively, the "Other
<br />I mprovements") are owed by an entity other than Landlord, Landlord, at its option, in its sole and absolute discretion, may enter into an agreement
<br />with the owner or owners of any or all of the Other Improvements to provide: (a) for reciprocal rights of access and/or use of the Project and the
<br />Other Improvements; (b) for the counuon management, operation, maintenance, improvement and/or repnfr oral) or any portion orthe Project and
<br />the Other Improvements; (c) for the allocation of a portion of the Operating Expenses to the Other Improvements and the operating expenses uod
<br />taxes for the Other Improvements to the Project; and (d) for the use or improvement of the Other Improvements and/or the Project in connection with
<br />(he improvement, construction7 and/ore excavation of the Other Improveuncnls and/or the Project. Nothing contained herein shall be deemed or
<br />construed to limit m ulhcrnvlsc affect Landlord's right to convey all or any Peltier Of the Project or may other of Landlord's rights described in this
<br />Lease
<br />17.3.4 Renovation or the Protect and Other Inrurovemen(s/Consluction or New Improvements. Tenant acknowledges
<br />that portions of the Project and/or the Odrer Improvements may he corder constnetion following Tenants occupancy of the Premises, and that such
<br />construction may result in levels ornoise. dust, obsuvction of acccss. etc. which are in excess of thus present in a fully constructed project. Tenant
<br />acknowledges and ugrecs that Landlord may alter. remodel, improve and/or renovate (collectively, the "Construction Worle') the Building.
<br />Premises, and/or the Project (including, without limitation, by constructing new improvennents in Common Areas), and in connection with any
<br />Construction Work, Lnndlord mnv. among other things, erect scail'olding or other necessary structures in the Building, m elsewhere its us at the
<br />01 IVC&ie Center Dr-C'ip• of.Snolu el nn Leave - i-
<br />
|