Consent To Sublease Page 11
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18any such holdover tenancy in accordance with the provisions of the Master Lease, at any time
either prior to or after receipt of notice thereof). Except to the extent specifically provided
otherwise with respect to holdover, all such notices shall be delivered to Master Lessor upon the
earlier of (i) the date the same are required to be delivered under the Master Lease, or (ii) the
date the same are delivered by one Sublease party to the other. All such notices shall be
delivered by the methods prescribed for delivery of notices under the Master Lease.
(f)
Sublessor shall not be released from any liability under the Master Lease,
nor shall any liability of Sublessor be decreased, because of Master Lessor’s failure to give
notice of default under or in respect of any of the terms, covenants, conditions, provisions or
agreements of the Master Lease or because of Master Lessor’s direct conversations,
communications or other dealings with Sublessor and/or Sublessee.
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(g)
Each of Sublessor and Sublessee hereby agrees that Master Lessor shall
not be liable for damage to the goods, wares, merchandise or other property of such party or its
employees, invitees, customers, or any other person in or about the Leased Premises, the
Building or the Project, or any portion thereof, nor shall Master Lessor be liable for injury to the
person of such party or its employees, agents or contractors, whether such damage or injury is
caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage,
leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air
conditioning or lighting fixtures, or from any other cause, whether said damage or injury results
from conditions arising upon the Leased Premises or any portion thereof or upon other portions
of the Building or Project, or from other sources or places and regardless of whether the cause of
such damage or injury or the means of repairing the same is inaccessible to such party. Master
Lessor shall not be liable for any damages arising from any act or neglect of any other tenant,
occupant or user of the Project, nor from the failure of Master Lessor to enforce the provisions of
any other lease for premises in the Project. Notwithstanding Master Lessor's negligence, willful
misconduct or breach of the Master Lease, Master Lessor shall under no circumstances be liable
for consequential damages or for injury to Sublessor’s or Sublessee’s business or for any loss of
income or profit therefrom. Each of Sublessor and Sublessee agrees that, in the event such party
shall have any claim against Master Lessor under the Master Lease, the Sublease or this Consent,
such party's sole recourse shall be against the Master Lessor’s interest in the Building for the
satisfaction of any claim, judgment or decree requiring the payment of money by Master Lessor
as a result of a breach thereof or otherwise in connection with the Project, and no other property
or assets of Master Lessor, its successors or assigns, shall be subject to the levy, execution or
other enforcement procedure for the satisfaction of any such claim, judgment, injunction or
decree. In the event Master Lessor shall sell or otherwise convey its title to the Building, then,
after the effective date of such sale or conveyance, Master Lessor shall have no further liability
under the Master Lease except, subject to the foregoing, as to matters of liability which have
accrued and are unsatisfied as of the date of sale or conveyance.
(h)
No waiver of
any provision of this Consent shall be deemed to be a waiver of any other provision hereof or of
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Deleted, because these types of provisions should have been included in the Master Lease.
Limiting the Master Lessor’s liability under the Master Lease to its interest in the Project is,
however, a fairly typical request in an REO context, as the lender is not, as its borrower likely
was, a single purpose entity and is probably not unreasonable for the same reason.
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