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13
<br /> ARTIC F)n
<br /> I AND ORUS RELEASE FROM DAMAGE
<br /> 11.01. Willies,and Casualty. TENANT covenants and agrees not to hold LANDLORD
<br /> responsible or liable for any damages sustained by TENANT or any other person, due to the
<br /> interruption or lack of utilities or utility services to the Premises or the Shopping Center or any
<br /> part thereof or any appurtenances thereof becoming out of repair,or due to the happening of any
<br /> accident or damage, especially, but riot exclusively, for any damage caused by water, snow,
<br /> windstorm,tomado,gas,steam,electric wiring,sprinlder system,plumbing,or heating apparatus,
<br /> or any casualties occumng at the shopping center. TENANT agrees not to hold LANDLORD
<br /> liable for any ads or omissions of cotenants or other occupants of the Shopping Center, or for
<br /> losses by theft. TENANT agrees not to overload the floor slab,electric wiring,or utilities serving
<br /> the Premises and to install at its own expense, but only after obtaining LANDLORD'S written
<br /> approval, any electric wiring which may be required in connection with TENANTS apparatus.
<br /> TENANT shall procure for its own account and shall pay the cost of all utilities used at the
<br /> Premises.
<br /> 11.02. EmaAadm TENANT agrees to look solely to LANDLORD to enforce
<br /> LANDLORD'S obligations hereunder and not to the partners or shareholders and shall not seek
<br /> any damages against the partners or shareholders of the LANDLORD. The maximum possible
<br /> liability of the LANDLORD to TENANT for LANDLORD'S obligations under this Lease shall not
<br /> exceed and shall be limited to the value of LANDLORD'S interest in the Premises and TENANT
<br /> shall oat look to any other property or assets of LANDLORD or any of the partners or
<br /> shareholders and officers or directors of LANDLORD in seeking to either enforce LANDLORD'S
<br /> obligations under this Lease or to satisfy judgment for LANDLORD'S failure to perform such
<br /> obligation.
<br /> ABIlCLE)9l
<br /> SIGNS AND ADVERTISING
<br /> 12.01. SM As provided for in Exhibit B,TENANT shall,at its own cost and expense,
<br /> provide a suitable identification sign which requires Landlord approval prior to installation. Other
<br /> than such permitted signs, TENANT shall riot place, install, or maintain any sign, banner, flag,
<br /> aerial, ardervua, or other display outside the Premises unless consented to in writing by
<br /> LANDLORD; nor shall TENANT place or maintain on the glass of any window or door of the
<br /> Premises, or within one(1) foot of any such glass, any sign, decoration, lettering, advertising
<br /> natter, shade, blind, or other thing. All signs used by TENANT shall be professionally printed,
<br /> no handwritten signs are allowed.
<br /> 12.02. Mar10ft Ford TENANT agrees to pay LANDLORD a non-recurring initial
<br /> assessmerrt,within ten(10)days of demand thereof,that amount as specified in Article 1.
<br /> LANDLORD may, at LANDLORD'S sole discretion, establish a Marketing Fund
<br /> for the Shopping Center to conduct sales promotions, center-wide advertising and related
<br /> activities intended to promote the Shopping Center. If established,TENANT agrees to pay that
<br /> amount in Article I to the Marketing Fund and this charge will be increased annually as provided
<br /> in this Lease.All monies received by LANDLORD under Section 1.12 shall be used solely for the
<br /> purpose of advertising, promotions, and related expenses. The LANDLORD hereby agrees to
<br /> pay 250/6 of ttat amount paid by TENANT to the Marketing Fund in any Lease Year and
<br /> LANDLORD agrees to provide management personnel to direct all advertising and promotions,
<br /> suffident secretarial services, utilities, supplies, telephone and all equipment necessary for the
<br /> efficient operation of the Marketing Fund, however, said costs are considered administrative
<br /> expenses and therefore will be deducted from LANDLORD'S contribution. All personnel and all
<br /> advertising and promotion experditures and decisions shall be under the exclusive control of the
<br /> LANDLORD. TENANT agrees to participate by the purchase and placement of an ad in a
<br /> minimum of four(4)Marketing Fund sponsored advertising efforts. TENANT agrees that such
<br /> advertisement shall be no less that one-fourth (1/4) page for tabloid and direct mail or the
<br /> equivalent in newspaper or electronic media.
<br /> ARTICLE)911
<br /> CASUALTY AND CONDEMNATION
<br /> 13.01. Fie,Ejmloeion ar Other Casualty. In the event the Premises are damaged by fire,
<br /> explosion or any other casualty to an extent which is less than fifty(50%)percent of the cost of
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