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This excerpt taken from the SMMX 8-K filed Nov 15, 2005. Landlord as used herein shall mean
the owner or owners at the time in question of the fee title to the
Premises. In the event of a transfer of
Landlords title or interest in the Premises or in this Lease, Landlord shall
deliver to the transferee or assignee (in cash or by credit) any unused
Security Deposit held by Landlord at the time of such transfer or
assignment. Except as provided in
Paragraph 15.3, upon such transfer or assignment and delivery of the Security
Deposit, as aforesaid, the prior Landlord shall be relieved of all liability
with respect to the obligations and/or covenants under this Lease thereafter to
be performed by Landlord. Subject to the
foregoing, the obligations and/or covenants in this Lease to be performed by
the Landlord shall be binding only upon the Landlord as herein above
defined. Notwithstanding any other terms
or provisions of this lease, Tenant agrees that in the event of any default or
breach by Landlord with respect to any of the terms of the Lease to be observed
and performed by Landlord (a) Tenant shall look solely to the estate and
property (which is the subject of this lease) of Landlord or any successor in
interest in the property and the Building, for the satisfaction of Tenants
remedies for the collection of a judgment (or other judicial process) requiring
the payment of money by Landlord; (b) no other property or assets of
Landlord, its partners, members, shareholders, officers or any successor in
interest
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shall be subject to levy, execution or other enforcement procedure for the satisfaction if Tenants remedies;(c) no personal liability shall at any time be asserted or enforceable against Landlord, its partners, members or successors in interest (except to the extent permitted in (a) above), and no judgment will be taken against any partner, member, shareholder, officer or director of Landlord. The provisions of this section shall apply only to the Landlord and the parties herein described, and shall not be for the benefit of any insurer nor any other third party.
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