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17.7. No Consequential Damages. Tenant shall not have the right to recover any consequential or
<br />speculative damages by reason ofany default by Landlord under this Lease'
<br />17.8. Limitation of Liability. In consideration of the benefits accruing hereunder, Tenant and all successors
<br />and assigns covenant and agree tha! in the event ofan actual or alleged failure, breach or default hereunder by Landlord
<br />and/or enforcement of any indemnification made or given by Landlord:
<br />17.8.1. The sole and exclusive remedy shall be against the Landlord's interest in the Building;
<br />17.8.2. No partner, offic.er, shareholder or member (individually and collectively a "partner") of
<br />Landlord shall be sued or named as a party in any suit or action (except as may be necessary to securejurisdiction ofthe
<br />partnership);
<br />17.8.3. No service ofprocess shall be made against any shareholder or officer of Landlord (except as
<br />may be necessary to securejurisdiction ofthe partnership);
<br />17.8.4. No shareholder or officer of Landlord shall be required to answer or otherwise plead to any
<br />service olprocess;
<br />17.8.5. No judgment will be taken against any shareholder or officer of Landlord;
<br />17.8.6. Any judgment taken against any shareholder or oflicer of Landlord may be vacated and set
<br />aside at any time nuric pro tunc;
<br />17.8.7. No writ of execution will ever be levied against the assets of any shareholder or officer of
<br />Landlord.
<br />17.8.8. The obligations of Landlord under this Lease do not constitute personal obligations of the
<br />individuat partners, directors, officers, members or shareholders oflandlord, and Tenant shall not seek recourse against
<br />the individual parhers, directors, officers, members or shareholders of Landlord or any of their personal assets for
<br />satisfaction of any liability in respect to this Lease;
<br />17.8.9. These covenants and agreements are enforceable both by Landlord and also by any shareholder
<br />or officer oflandlord.
<br />18. HAZARDOUSSUBSTANCES.
<br />18.1. Presence and Use of Hazardous Substances. Tenant shall not, without Landlord's prior written
<br />consent, keep on or around the Premises, Common Areas or Properly, for use, handling, transpoq disposal, treatment,
<br />generation, Jtorage o. sale, any substances designated as, or containing components designated as hazardous, dangerous,
<br />ioxic, harmful, midical or infectious (collectively referred to as "Hazardous Substanceo'), and/or is subject to regulation by
<br />any federal, state or local law, regulation, statute, ordinance or man€ement plan. With respect to any such Hazardous
<br />Substance, Tenant shall comply promptly, timely, and completely with all govemmental requirements for reporting,
<br />keeping and submitting manifests, and obtaining and keeping current identification numbers.
<br />18.2. Cleanup Costs, Default and Indemnification. Tenant shall be fully and completely liable to Landlord
<br />for any and all cleanup iosts, and any and all other charges, fees, penalties (civil and criminal) imposed by any
<br />govemmental authority with respect to Tenant's use, handling, disposal, transportation, generation and/or sale of
<br />Hazardous Substances, in or about the Premises, Common Areas, or Property. Tenant shall indemni$, defend and save
<br />Landlord harmless from any and all ofthe costs, fees, penalties and charges assessed against incurred by or imposed upon
<br />Landlord (as well as Landlord's attomeys'and consultants' fees and costs) as aresultofTenanfsuse, handling, disposal,
<br />transportation, generation and/or sale of Hazardous Substances. Upon Tenant's default under this Section, in addition to
<br />the rights and remedies set forttr elsewhere in ttris Lease, Landlord shall be entitled to the following rights and remedies:
<br />i) at iandlord's option, to terminate this Lease immediately; and ii) to recover any and all damages.associated with the
<br />defaul! including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and
<br />Commercial Building Lease
<br />Page 15 of26
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