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<br /> about the Property or the Demised Premises unless such damage or loss is caused during the term of this
<br /> Lease by the gross negligence or willful misconduct of Landlord (and not other tenants) , and Landlord
<br /> shall not be liable for injury to the person of Tenant or to Tenant ' s contractors , agents , employees ,
<br /> invitees or customers whether such damage or injury is caused by or results from fire , steam , electricity,
<br /> gas , water or rain, or from the breakage , leakage , obstruction or other defects of pipes, sprinklers , wires ,
<br /> appliances , plumbing, air conditioning or lighting fixtures or from any other cause, whether such damage
<br /> or injury results from conditions arising upon the Demised Premises or upon other portions of the
<br /> Property or from other sources or places, and regardless of whether the cause of such damage or injury or
<br /> means of repairing the same is inaccessible to Tenant unless such damage or injury was due to the gross
<br /> negligence or willful misconduct of Landlord ( and not other tenants) .
<br /> Anything in this Lease to the contrary notwithstanding, the covenants , undertakings and agreements
<br /> herein made on the part of Landlord are made and intended not for the purpose of binding Landlord
<br /> personally or the assets of the Landlord, but are made and intended to bind only the Landlord ' s interest in
<br /> the Demised Premises , the Building, and the Property, as the same may, from time to time, be
<br /> encumbered, and no personal liability shall at any time be asserted or enforceable against Landlord on
<br /> account of the Lease or on account of any covenant, undertaking or agreement of the Landlord in this
<br /> Lease except as against Landlord ' s interest in the Demised Premises , the Building and the Property .
<br /> 25 . Non-Appropriation . Landlord acknowledges Tenant is a governmental entity, and the
<br /> validity of this Lease is based upon the availability of public funding under the authority of its statutory
<br /> mandate . In the event that public funds are unavailable and not appropriated for the performance of
<br /> Tenant ' s obligations under this Lease , then this Lease shall automatically terminate without penalty or
<br /> further obligation to Tenant immediately upon written notice to Landlord of the unavailability and non-
<br /> appropriation of public funds . It is expressly agreed that Tenant shall not activate this non- appropriation
<br /> provision for its convenience or to circumvent the requirements of this Lease, but only as an emergency
<br /> fiscal measure during a substantial fiscal crisis .
<br /> In the event of a change in the Tenant ' s statutory authority, mandate and/or mandated functions ,
<br /> by state and/or federal legislative or regulatory action, which adversely affects Tenant ' s authority to
<br /> continue its obligations under this Lease, then this Lease shall automatically terminate without - penalty or
<br /> further obligation to Tenant upon written notice to Landlord of such limitation or change in Tenant ' s legal
<br /> authority .
<br /> 26 . Miscellaneous . Headings of articles and sections are for convenience only and are not to be
<br /> considered in construing the meaning of the contents of same . The invalidity of any portion of this Lease
<br /> shall not have any effect on the balance hereof. Should Landlord or Tenant institute any legal proceedings
<br /> against the other for breach of any provision herein contained, and prevail in such action, the losing party
<br /> shall in addition be liable for the costs and expenses of the prevailing party including its reasonable
<br /> attorneys ' fees . This Lease is binding upon the respective parties hereto , and upon their heirs , executors ,
<br /> successors , and assigns . This Lease supersedes and cancels all prior negotiations between the parties , and
<br /> no changes , amendments or modifications hereto shall be effective unless in writing signed by the party
<br /> affected by such change, amendment or modification . Landlord reserves the right to promulgate (and
<br /> change from time to time) reasonable regulations it deems appropriate for the common use and benefit of
<br /> all tenants, with which regulations Tenant shall comply . Landlord may assign this Lease without the
<br /> consent of Tenant or may sell the Property or the Building without affecting the obligations of Tenant
<br /> hereunder, and upon such assignment or sale, Landlord shall be relieved of all obligations under this
<br /> Lease and the term "Landlord" as used in this Lease shall refer to and mean such successor landlord . If
<br /> id by Tenant, Landlord shall transfer the security deposit
<br /> any security deposit or prepaid Rent has been pa
<br /> or prepaid Rent to Landlord ' s successor or return to Tenant . Tenant agrees to attorn to any successor to
<br /> Landlord . This Lease may not be recorded without Landlord ' s prior written consent, but Tenant and
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