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SECTION 13.8. LIMITATION OF LANDLORD'S LIABILITY. The term "Landlord" as used in this Lease, as far as covenants or <br /> agreements on the part of Landlord are concerned,shall be limited to mean and include only the owner or owners of Landlord's interest <br /> in this Lease at the time in question,and in the event of any transfer or transfers of such interest,except a transfer by way of security, <br /> Landlord herein named(and in the case of any subsequent transfer,the then transferor)shall be automatically freed and relieved from <br /> and after the date of such transfer of all liability as respects the performance of any covenants or agreements on the part of Landlord <br /> contained in this Lease thereafter to be performed,provided that any funds in the hands of such Landlord or the then transferor at the <br /> time of such transfer,in which Tenant has an interest,shall be turned over to the transferee and any amount then due and payable to <br /> Tenant by Landlord or the then transferor under any provisions of this Lease,shall be paid to Tenant,and provided further that upon any <br /> such transfer,the transferee shall be deemed to have assumed,subject to the limitations of this Section,all the covenants,agreements <br /> and conditions in this Lease contained to be performed on the part of Landlord, it being intended hereby that the covenants and <br /> agreements contained in this Lease on the part of Landlord shall,subject as aforesaid,be binding on Landlord,its successors and assigns, <br /> only during and in respect to their respective successive periods of ownership. In any event and notwithstanding any other provisions of <br /> this Lease, no officer,director,agent, partner, beneficiary,trustee or employee of Landlord or any subsequent owner of the Premises <br /> shall be responsible or liable in his or her individual or personal capacity for the performance or non-performance of any agreement, <br /> covenant or obligation of Landlord in this Lease contained,and Tenant shall look solely to the Premises as the sole asset for the payment <br /> and satisfaction of all obligations and liabilities hereunder of Landlord or any subsequent owner of the Premises. <br /> SECTION 13.8.1. LIMITATION OF TENANT'S LIABILITY. The term "Tenant" as used in this Lease, as far as covenants or <br /> agreements on the part of Tenant are concerned,shall be limited to mean and include only the owner or owners of Tenant's interest in <br /> this Lease at the time in question. <br /> SECTION 13.9. SUBORDINATION TO MORTGAGES. This Lease, and the rights of Tenant hereunder, shall be subject and <br /> subordinate to the lien or liens of any mortgage or mortgages,now or at any time hereafter in force against the title of Landlord,or any <br /> successor to Landlord,in the Building and the Premises,and to all advances made or hereafter to be made upon the security thereof. If <br /> requested by the holder of any such mortgage or mortgages,Tenant shall execute and deliver to such holder an instrument,in form and <br /> substance satisfactory to the holder,specifically subordinating this Lease to the lien of such mortgage or mortgages. <br /> SECTION 13.10. ATTORNMENT. If by reason of any default on the part of Landlord as mortgagor under any mortgage or <br /> mortgages to which this Lease is subordinated,any such mortgage is foreclosed by legal proceedings or extinguished by conveyance in <br /> lieu of foreclosure or otherwise,Tenant, upon the election of the holder of any such mortgage, but not otherwise, will attorn to and <br /> recognize such mortgage holder and its successors and assigns,including any purchaser in foreclosure or grantee of a deed in lieu thereof, <br /> as Landlord under this Lease. Tenant shall execute and deliver at any time upon request of Landlord or any holder of a mortgage to which <br /> this Lease is subordinate,an instrument(or clause)to evidence such attornment and containing the agreement of Tenant that no action <br /> taken to enforce any such mortgage by reason of any default thereunder shall terminate this Lease or invalidate or constitute a breach of <br /> any of the terms hereof. The attornment provisions of this Section are entirely independent of and not contingent upon the <br /> subordination provisions of this Lease. If several requests by mortgagees having security interests with different priorities are made of <br /> Tenant,Tenant shall attorn to the mortgagees in the order of their priority. <br /> SECTION 13.11. PARKING. It is expressly understood by Tenant that no parking spaces are provided to or designated for use by <br /> Tenant under this Lease. All employees and patrons of Tenant may park in any available public parking space and are subject to any <br /> conditions or limitations placed upon such public parking space,including paying such fee as may be generally established for the use of <br /> such public parking space. Landlord cannot guarantee that such public parking spaces will be available in any particular place or at any <br /> particular time. <br /> SECTION 13.12. MITIGATION/REASONABLENESS. Landlord shall use reasonable efforts to mitigate its damages in the event of <br /> a Tenant default. Whenever either party to the Lease is required or requested to give its consent,such consent shall not be unreasonably <br /> withheld. <br /> SECTION 13.13. HAZARDOUS MATERIALS. Tenant shall not cause or permit any Hazardous Material to be brought upon,kept, <br /> or used in or about the Leased Premises by Tenant,its agents,employees,contractors or invitees,without the prior written consent of <br /> Landlord(which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such <br /> -10- <br />