Circuit City 1997 Annual Report Download - page 42

26. WAIVER.
No delay or omission in the exercise of any right or remedy by Landlord shall impair such right o remedy or be construed as a waiver. No act
or conduct of Landlord, including, without limitation, acceptance of the keys to the Premises, shall constitute acceptance of the surrender of the
Premises by Tenant before the expiration of the Term. Only written notice from Landlord to Tenant shall constitute acceptance of the surrender
of the Premises and accomplish termination of this Lease. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent
or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. Any waiver
by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this
Lease.
27. LIMITATION OF LIABILITY.
In consideration of the benefits accruing hereunder, Tenant and all successors and assigns of Tenant covenant and agree that, in the event of
any actual or alleged failure, breach or default hereunder by Landlord or otherwise pertaining to any obligation of Landlord in respect of the
Premises:
(a) The sole and exclusive remedy against Landlord shall be against the Landlord's or otherwise pertaining to any obligation of Landlord in
respect of the PROJECT:
(b) No partner, officer, director, owner, shareholder or advisor of Landlord shall be sued or named as a party in any suit or action (except as
may be necessary to secure jurisdiction of the partnership);
(c) No service of process shall be made against any partner, officer, director, owner, shareholder or advisor of Landlord (except as may be
necessary to secure jurisdiction o f the partnership);
(d) No partner, officer, director, owner, shareholder or advisor of Landlord shall be required to answer or otherwise plead to any service of
process;
(e) No judgment taken against any partner, officer, director, owner, shareholder or advisor of Landlord may be vacated and set aside at any
time after the fact;
(f) Any judgment taken against any partner, officer, director, owner, shareholder or advisor of Landlord may be vacated and set aside at any
time after the fact;
(g) No writ of execution will ever be levied against the assets of any partner, officer, director, owner, shareholder or advisor of Landlord;
(h) The obligations under this Lease do not constitute personal obligations of the individual partner, officer, director, owner, shareholder or
advisor of Landlord, and Tenant shall not seek recourse against any such persons or entities of Landlord or any of their personal assets for
satisfaction of a y liability in respect to this Lease; and
(i) These covenants and agreements are enforceable both by Landlord and also by any partner, officer, director, owner, shareholder or advisor
of Landlord.
Tenant agrees that each of the foregoing provisions shall be applicable to any covenant or agreement either expressly contained in this Lease or
imposed by statute or at common law.
28. FORCE MAJEURE.
Landlord shall have no liability whatsoever to Tenant on account of (a) the inability or delay of Landlord in fulfilling any of Landlord's
obligations under this Lease by reason of strike, other labor trouble, governmental restrictions, controls or inaction, or shortages of fuel,
supplies or labor resulting therefrom or any other cause, whether similar or dissimilar to the above, beyond Landlord's reasonable control; or
(b) any failure or defect in the supply, quantity or character of electricity or water furnished to the Premises, by reason of any requirement, act
or omission of the public utility or others furnishing the Project with electricity or water, or for any other reason, whether similar or dissimilar
to the above, beyond Landlord's reasonable control. If this Lease specifies a time period for performance of an obligation of Landlord, that time
period shall be extended by the period of any delay in Landlord's performance caused by any of the events of force majeure described above.
29. PROFESSIONAL FEES.
(a) If Landlord should engage any professional including, without limitation, attorneys, appraisers, accountants, environmental or other
consultants for the purpose of bringing suit for possession of the Premises, for the recovery of any sum due under this Lease, or because of the
breach of any provisions of this Lease, or for any other relief against Tenant hereunder, or in the event of any other litigation between the
parties with respect to this Lease, then all REASONABLE costs and expenses including, without limitation, actual professional fees such as
appraisers', accountants', attorneys' and other consultants' fees, incurred by the prevailing party therein shall be paid by the other party, which