Landlord or any of the other Landlord Patties, and (d) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic
<br />opportunities or any form or consequential damage as the result of any actual or alleged breach by Landlord of Landlord's Lease Undertakings or in
<br />connection with any other matter relating to Tenant's use or occupancy of the Promises.
<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 a rTenant (list are to be performed 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 perfonuanoe ofall of the agreements, obligations, covenants or conditions, express or
<br />implied, herein contained in favor or-renont that are to be performed after (or that first accrue after) such sale or conveyance (and for satisfaction of
<br />all liabilities arising out of the some). This Lease shall not be affected by any such sale, however, and Tenant agrees to attom to the purchaser or
<br />assignee, such attornment to be effective and self -operative without the execution of any further instruments by any of the parties to this Lease,
<br />ARTICLE 17 - lv1ISCELLANEOUS
<br />17.1 Notices, 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 Itern I LI of the Basic Lease Provisions, or, from and after the Commencement Date, to the Tenant at the 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 from 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, the firm(s) specified in Item 9 of tie Basic Lease
<br />Provisions and agree diet Landlord shall be solely responsible for the payment of any brokerage commissions to said broker(s), and that Tenant shall
<br />have no responsibility therefor unless written provision to (he contrary has been made a pan 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 the Building, Tenant shall be solely responsible for the payment of any fee
<br />due said person or firm and Tenant shall protect, indemnify, hold harmless and defend Landlord from any Claims relating thereto.
<br />17.3 Rights Reserved by Landlord,
<br />17.3.1 Entry by Landlord. Landlord may enter the Premises at all reasonable times to: (a) inspect the same; (b) exhibit the
<br />same to prospective purchasers, lenders or tenants; (a) determine whether Tenant Is complying with all of its obligations under this Lease; (it) supply
<br />janitorial and other services to be provided by Landlord to Tenant under this Lease; (a) post notices of non -responsibility; (a) exercise any or
<br />Landlord's rights or perform any or Landlord's obligations under this Lease; (f) make repairs or improvements in or to the Project or the Premises
<br />(provided, however, that at 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 tar damages for any injury or inconvenience to, or
<br />interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss uccasioncd by such entry. Landlord
<br />shall at all times hove 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 Tenant in writing in advance), and Landlord shall have tie 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 unlawful entry into or a detainer of the Premises or an eviction, actual or constructive,
<br />of Tenant from any part of the Premises. Such entry by Landlord shall riot 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 Lease: Proicct or Building Name and Signage, Landlord reserves the absolute right to: (a) lease space in
<br />Elie Project and to create 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 the name or street address of tie Building and/or tie Project; and (c) to install, affix and maintain any and all signs on the
<br />exterior and on the 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 otenants occupying any space in the Building or the Project during the Term of this Lease.
<br />Tenant shall not, without tie prior written consent or Landlord, use die name of the Building and/or the Project, or any pictures or illustrations of the
<br />Building and/or the Project. in Tenant's advertising or in any other publicity, and to the extent that Landlord grunts such consent, shall refer to die
<br />Building and/or the Project by the name designated by Landlord.
<br />17.3.3 The Other Improvements, If portions of the Project or property adjacent to the Project (collectively, the "Other
<br />Improvements") are owned 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 or ally 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 ilia common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and
<br />the Ogler Improvements; (c) for lire allocation of a portion or the Operating Expenses to the Other Improvements and the operating expenses and
<br />taxes for tie Other Improvements to the Project; anti (d) for the use or improvement of ilia Other Improvements and/or the Project in connection with
<br />theimprovement, construction, and/or excavation of the Other Improvements and/or the Project. Nothing contained herein shall be deemed or
<br />construed to limit or ptherwise uffect Landlord's right to convey all or any portion of the Prolect or any other of Landlord's rights described in this
<br />Lease
<br />17.3.4 Renocntimi of the Project and Other Improvements/Construction of New Improvements. Tenant acknowledges
<br />that portions of the Project and/or the Other Improvements may he under construction fri owing'ren int's occupancy of the Premises, and that such
<br />construction may result in levels or noise. dust, obstruction of access. etc. which are in excess ol'that present in a filly constructed project. Tenant
<br />acknowledges and agrees that Landlord may alter. remodel, improve and/or renovate (collectively, Elie "Construction Work") the Building.
<br />Premises, and/or the Project (including, without limitation, by constructing new improvements in Common Areas), and in connection with any
<br />Construction Work, Landlord may, among other things, erect scal7biding or other necessary structures in the Dullding, or elsewhere in or at the
<br />801 If'Ch-ly Cen1vr Dr— C7h' u rSaWa Aral Leave -15-
<br />
|