Common use of LESSOR'S LIABILITY Clause in Contracts

LESSOR'S LIABILITY. (a) Notwithstanding any provision to the contrary in this Agreement, the Parties agree and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and all references to the “Lessor” in this Agreement shall be construed accordingly. Accordingly, notwithstanding any provision to the contrary in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement is given by HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited to the assets of or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. (b) Notwithstanding any provision to the contrary in this Agreement, it is hereby acknowledged and agreed that the obligations of the Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Agreement. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) 5.2.1 Notwithstanding any provision to the contrary in this AgreementLease, the Parties agree and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) HSBCITS has entered into this Agreement Lease only in its capacity as the trustee of the AREIT REIT and not in its personal capacity and all references to the “Lessor” in this Agreement Lease shall be construed accordingly. Accordingly, notwithstanding any provision to the contrary in this AgreementLease, HSBCITS has assumed all obligations under this Agreement Lease only in its capacity as the trustee of the AREIT REIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement Lease is given by HSBCITS in its capacity as trustee of the AREIT REIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement Lease is limited to the assets of or held on trust for the AREIT REIT over which HSBCITS in its capacity as trustee of the AREIT REIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREITREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement Lease shall only be in connection with the matters relating to AREIT the REIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. (b) 5.2.2 Notwithstanding any provision to the contrary in this AgreementLease, it is hereby acknowledged and agreed that the obligations of the Lessor under this Agreement Lease will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this AgreementLease. (c) 5.2.3 For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement Lease shall be brought against HSBCITS in its capacity as trustee of the AREIT REIT and not in its personal capacity. (d) 5.2.4 This Clause 28 5 .2 shall survive the termination or rescission of this AgreementLease. (e) 5.2.5 The provisions of this Clause 28 5.2 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement Lease as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Lessor represents that it is the owner of the real estate upon which the Demised Premises is located. In the event of the voluntary transfer of such ownership or right to a successor-in-interest of Lessor, Lessor shall be freed and relieved of all liability and obligations hereunder which shall thereafter accrue, (and, as to any unapplied portion of Lessee's security deposit, Lessor shall be relieved of all liability therefore upon transfer of such portion to their successor in interest) and Lessee shall look solely to such successor in interest for the performance of the covenants and obligations of the Lessor hereunder which shall thereafter accrue. Notwithstanding the foregoing, no mortgagee or ground lessor which shall succeed to the interest of Lessor hereunder (either in terms of ownership or possessory rights) shall unless there exists at the time of transfer, a continuing event of Lessor's default for which the transferee has agreed in writing to be responsible: (i) Be liable for any provision previous act or omission of a prior lessor; (ii) Be subject to any rental offsets or defenses against a prior lessor; (iii) Be bound by any amendment of this Lease made without its written consent or by payment of Lessee of rent in advance in excess of one month's rent; or (iv) Be liable for any security not actually received by him. Subject to the foregoing, the provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of Lessor. Notwithstanding anything to the contrary contained in this AgreementLease, any liability of Lessor, their agents, partners or employees, arising out of or in respect of this Lease, the Parties agree and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as Demised Premises or the trustee of the AREIT and not in its personal capacity and all references to the “Lessor” in this Agreement Building, shall be construed accordingly. Accordinglylimited to Lessor's estate or other title or interest in the Demised Premises, notwithstanding any provision to and, if Lessor shall default in the contrary in this Agreement, HSBCITS has assumed all performance of Lessor's obligations under this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and any liability of Lease or warrantyotherwise, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement is given by HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited Lessee shall look solely to the assets equity of or held on trust for Lessor in their interest in the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trusteeDemised Premises. (b) Notwithstanding any provision anything contained in this Lease to the contrary in this Agreementcontrary, it is hereby acknowledged and agreed that the obligations of the Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have no liability to Lessee for consequential, compensatory or punitive damages of any recourse nature whatsoever. Any claim by Lessee against Lessor for the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of damages shall be limited to the transactions contemplated minimum rent paid by the provisions of this Agreement. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere Lessee during such breach if so awarded pursuant to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacityParagraph 37 hereof. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Notwithstanding any provision The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the contrary Premises. In the event of a transfer of Lessor's title or interest in the Premises or in this AgreementLease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor 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 Parties agree and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee prior Lessor shall be relieved of the AREIT and not in its personal capacity and all references liability with respect to the “obligations and/or covenants under this Lease thereafter to be performed by the Lessor” . Subject to the foregoing, the obligations and/or covenants in this Agreement Lease to be performed by the Lessor shall be construed accordinglybinding only upon the Lessor as hereinabove defined. AccordinglyThe obligations of Lessor, notwithstanding and Lessor's directors, officers, shareholders, partners (either general or limited), members, employees, agents and representatives, under the Lease do not constitute personal obligations. Lessee, and Lessee's successors and assigns, hereby agree not to seek any provision recourse against Lessor and Lessor's directors, officers, shareholders, partners (either general or limited), members, employees, agents and representatives for the satisfaction of any actual or alleged liability of Lessor to Lessee under the contrary Lease, but Lessee shall look only to Lessor's interest in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee Premises for the satisfaction of the AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by Lessor to Lessee under the Lessor under this Agreement is given by HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited to the assets of or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT)Lease. Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of Notwithstanding any other trust or real estate investment trust provision of which it is trustee. (b) Notwithstanding any provision to the contrary in this AgreementLease, it is hereby acknowledged expressly understood and agreed that the obligations total liability of the Lessor under this Agreement will be solely the corporate obligations arising out of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any this Lease, the relationship of the transactions contemplated by Lessor and the provisions Lessee hereunder and/or the Lessee's use of this Agreement. (c) For the avoidance Leased Premises, shall be limited to the estate of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore the Property. No other property or elsewhere pursuant to this Agreement asset of the Lessor or any partner or owner of the Lessor shall be brought against HSBCITS in its capacity as trustee subject to levy, execution, or other enforcement proceedings or other judicial process for the satisfaction of any judgment or any other right or remedy of the AREIT and not Lessee arising out of or in its personal capacity. (d) This Clause 28 shall survive connection with this Lease, the termination or rescission relationship of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or documentand the Lessee hereunder and/or the Lessee's use of the Leased Premises. 1) Site Info 2) Building

LESSOR'S LIABILITY. 15.1 The term "Lessor" as used herein shall mean only the owner or owners at the time in question of the fee title or a Lessee's interest in a ground lease of the Building. In the event of any transfer of such title or interest, the Lessor herein named (and in case of any subsequent transfers, the then grantor) shall be relieved from, and after the date of such transfers of all liability for the Lessor's obligations thereafter to be performed; provided, however, that any funds in the hands of the Lessor or the then grantor at the time of such transfer (including the Security Deposit and the Letter of Credit) in which the Lessee has an interest shall be delivered to the grantee. The obligations contained in this Leaseto be performed by the Lessor shall, subject as aforesaid, be binding on the Lessor's successors and assigns only during their respective periods of ownership. 15.2 The initial Lessor hereunder is a joint venture operating as a California partnership. In consideration of the benefits accruing hereunder, the Lessee, its successors and assigns, agree that, in the event of any actual or alleged failure, breach or default hereunder by the initial Lessor: (a) Notwithstanding any provision to the contrary in this Agreement, the Parties agree The sole and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and all references to the “Lessor” in this Agreement exclusive remedy shall be construed accordingly. Accordingly, notwithstanding any provision to the contrary in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement is given by HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited to against the assets of or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee.joint venture; (b) Notwithstanding No joint venturer shall be sued or named a party in any provision suit or action (except as may be necessary to the contrary in this Agreement, it is hereby acknowledged and agreed that the obligations secure jurisdiction of the Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Agreement.joint venture); (c) For the avoidance No service of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement process shall be brought made against HSBCITS in its capacity any joint venturer (except as trustee may be necessary to secure jurisdiction of the AREIT and not in its personal capacity.joint venture); service of process; (d) This Clause 28 No joint venturer shall survive the termination be required to answer or rescission of this Agreement.otherwise plead to any (e) The provisions No judgment will be taken against any joint venturer; (f) Any judgment taken against any joint venturer may be vacated and set aside at any time nunc pro tunc; venturer; and (g) No writ of this Clause 28 shall apply, mutatis mutandis, to execution will ever be levied against the assets of any notices, certificates or other documents which joint (h) These covenants and agreements are enforceable by the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or documentand also by any joint venturer thereof. 1) Site Info 2) Building

LESSOR'S LIABILITY. Notwithstanding anything to the contrary provided in this Lease, it is specifically understood and agreed, such agreement being a primary consideration for the execution of this Lease by Lessor, that there shall be absolutely no personal liability on the part of any partner, director, member, officer or shareholder of Lessor, its successors or assigns with respect to any of the terms, covenants and conditions of this Lease, and any liability on the part of Lessor shall be limited solely to the Premises, such exculpation of liability to be absolute and without any exception whatsoever. Notwithstanding the foregoing, Lessor shall be fully liable for the following: (a) Notwithstanding any provision willful failure to the contrary in this Agreement, the Parties agree pay and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and all references to the “Lessor” in this Agreement shall be construed accordingly. Accordingly, notwithstanding any provision to the contrary in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and any liability of discharge or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement is given by HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited to the assets of or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee otherwise obtain a release of any trust (other than for lien created by Lessor against the AREIT). Any obligation, matter, act, action or thing required Premises after Lessee has exercised its rights to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by terminate this Lease and purchase the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee.Premises; (b) Notwithstanding any provision willful failure to apply all insurance proceeds, condemnation awards or other similar funds or payments attributable to the contrary Premises, which are actually received by Lessor in this Agreement, it is hereby acknowledged and agreed that accordance with the obligations of the Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Agreement.terms hereof; (c) For the avoidance of doubt, any legal action fraud or proceedings commenced against the misrepresentation by Lessor whether in Singapore which causes a material loss or elsewhere pursuant damage to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity.Lessee; and (d) This Clause 28 shall survive any assignment, conveyance or transfer of Lessor's interest in the termination or rescission Premises in violation of this Agreement. Lease; provided, however, that if Lessor's Mortgagee, if any, shall have become the Lessor hereunder as a result of a foreclosure of a Mortgage or other action at law or equity, then such Mortgagee shall not be personally liable for the matters listed in the foregoing clauses (ea) The provisions - (d) of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or documentSection 9.07. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Notwithstanding any provision The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the contrary Premises. In the event of a transfer of Lessor's title or interest in the Premises or in this AgreementLease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor 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 Parties agree and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee prior Lessor shall be relieved of the AREIT and not in its personal capacity and all references liability with respect to the “obligations and/or covenants under this Lease thereafter to be performed by the Lessor” . Subject to the foregoing, the obligations and/or covenants in this Agreement Lease to be performed by the Lessor shall be construed accordinglybinding only upon the Lessor as hereinabove defined. AccordinglyThe obligations of Lessor, notwithstanding and Lessor's directors, officers, shareholders, partners (either general or limited), members, employees, agents and representatives, under the Lease do not constitute personal obligations. Lessee, and Lessee's successors and assigns, hereby agree not to seek any provision recourse against Lessor and Lessor's directors, officers, shareholders, partners (either general or limited), members, employees, agents and representatives for the satisfaction of any actual or alleged liability of Lessor to lessee under the contrary Lease, but Lessee shall look only to Lessor's interest in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee Premises for the satisfaction of the AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by Lessor to Lessee under the Lessor under this Agreement is given by HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited to the assets of or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT)Lease. Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of Notwithstanding any other trust or real estate investment trust provision of which it is trustee. (b) Notwithstanding any provision to the contrary in this AgreementLease, it is hereby acknowledged expressly understood and agreed that the obligations total liability of the Lessor under this Agreement will be solely the corporate obligations arising out of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any this Lease, the relationship of the transactions contemplated by Lessor and the provisions Lessee hereunder and/or the Lessee's use of this Agreement. (c) For the avoidance Leased Premises, shall be limited to the estate of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore the Property. No other property or elsewhere pursuant to this Agreement asset of the Lessor or any partner or owner of the Lessor shall be brought against HSBCITS in its capacity as trustee subject to levy, execution, or other enforcement proceedings or other judicial process for the satisfaction of any judgment or any other right or remedy of the AREIT and not Lessee arising out of or in its personal capacity. (d) This Clause 28 shall survive connection with this Lease, the termination or rescission relationship of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or documentand the Lessee hereunder and/or the Lessee's use of the Leased Premises. 1) Site Info 2) Building

LESSOR'S LIABILITY. The term "Lessor" as used in this Lease shall be limited to and mean only the owner or owners of the Lessor's interest in this Lease at the time in question, and in the event of any transfer or transfers of such interest by the Lessor, or by any entity which comprises the Lessor, the Lessor named herein (a) Notwithstanding and in case of any provision subsequent transfer, the then transferor), shall be automatically freed and relieved from and after the date of such transfer of all personal liability with respect to the contrary in this Agreement, the Parties agree and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and all references to the “Lessor” in this Agreement shall be construed accordingly. Accordingly, notwithstanding any provision to the contrary in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement is given by HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited to the assets of or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee performance of any trust (other than for covenants or agreements on the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. (b) Notwithstanding any provision to the contrary in this Agreement, it is hereby acknowledged and agreed that the obligations part of the Lessor under contained in this Agreement will Lease thereafter to be solely performed, provided that any funds in the corporate obligations hands of HSBCITS such Lessor (or the then transferor at the time of such transfer) in which the Lessee has an interest shall be turned over to the transferee, and that none upon any such transfer, the transferee shall be deemed to have assumed, subject to the limitations of this Section, all of the Parties covenants, agreements and conditions contained in this Lease to be performed on the part of the Lessor, it being intended hereby that the covenants and agreements contained in this Lease on the part of the Lessor to be performed shall, subject as aforesaid, be binding on the Lessor, its successors and assigns, and on any entity which comprises Lessor, only during and in respect to their respective periods of ownership, either as Lessor or as an entity which comprises Lessor. Neither Lessor, nor any officer, director, shareholder, or partner of Lessor, shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations personal liability whatsoever in connection with any of the transactions contemplated by the provisions of this Agreement. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant respect to this Agreement Lease, Lessee agreeing that any claim by Lessee or judgment of Lessee against Lessor shall be brought against HSBCITS confined to and satisfied only out of, and only to the extent of, Lessor's interest in its capacity as trustee of the AREIT and not in its personal capacityBuilding. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Notwithstanding The term "Lessor" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in an underlying lease of the Premises, and in the event of any provision to the contrary in this Agreementtransfer of such title or interest, the Parties agree Lessor herein named (and acknowledge that HSBC Institutional Trust Services (Singaporein case of any subsequent transfers, then the grantor) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and all references to the “Lessor” in this Agreement shall be construed accordingly. Accordingly, notwithstanding any provision relieved from and after the date of such transfer of all liability as respects Lessor's obligations thereafter to the contrary in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given be performed by the Lessor under this Agreement is given Lease, provided that any funds held by HSBCITS in its capacity as trustee Lessor or the then transferor at the time of such transfer under the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under provisions of this Agreement is limited Lease shall be delivered to the assets of or held on trust for the AREIT over which HSBCITS transferee and that such transferee assumes in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. (b) Notwithstanding any provision to the contrary in this Agreement, it is hereby acknowledged and agreed that full the obligations of the "Lessor" under this Lease which are to be performed from and after the effective date of the transfer. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership. Notwithstanding any provision of this Lease to the contrary, Lessor's liability under this Lease shall be limited to the lesser of Five Million Dollars ($5,000,000) and Lessor's interest in the Project (including, but not limited to, insurance and condemnation proceeds and any proceeds derived from the sale of the Project or any portion of the Project), subject to the prior rights of any mortgagee or holder of a deed of trust encumbering the Project or any portion thereof and subject to any lessor's rights under a leasehold interest in the Project or any part thereof, if any, for the collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by Lessor, and no other asset of Lessor shall be subject to any levy, execution or other process for the satisfaction of Lessee's remedies under this Lease. No officer, director, administrator, employee, agent, or attorney of Lessor shall be personally liable for any default of Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this AgreementLease. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Notwithstanding The term "Lessor" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Premises, and in the event of any provision to the contrary in this Agreementtransfer of such title or interest, the Parties agree Lessor herein named (and acknowledge that HSBC Institutional Trust Services (Singaporein case of any subsequent transfers, then the grantor) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and all references to the “Lessor” in this Agreement shall be construed accordingly. Accordingly, notwithstanding any provision relieved from and after the date of such transfer of all liability as respects Lessor's obligations thereafter to the contrary in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given be performed by the Lessor under this Agreement is given Lease, provided that any funds held by HSBCITS in its capacity as trustee Lessor or the then transferor at the time of such transfer under the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under provisions of this Agreement is limited Lease shall be delivered to the assets of or held on trust for the AREIT over which HSBCITS transferee and that such transferee assumes in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. (b) Notwithstanding any provision to the contrary in this Agreement, it is hereby acknowledged and agreed that full the obligations of the "Lessor" under this Lease which are to be performed from and after the effective date of the transfer. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership. Notwithstanding any provision of this Lease to the contrary, Lessee agrees that it shall look solely to the estate and property of the Lessor in the Premises (including, but not limited to, any proceeds derived from the sale of the Premises or any portion of the Premises), subject to the prior rights of any mortgagee or holder of a deed of trust encumbering the Premises or any portion thereof and subject to the Lessor's rights under a leasehold interest in the Premises or any part thereof, if any, for the collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by Lessor, and no other asset of Lessor shall be subject to any levy, execution or other process for the satisfaction of Lessee's remedies under this Lease. No officer, director, administrator, employee, agent, or attorney of Lessor shall be personally liable for any default of Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this AgreementLease. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Notwithstanding any provision hereof to the contrary contrary, Lessee shall look solely to the estate and property of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim or judgment against Lessor arising out of or in connection with this AgreementLease, the Parties agree relationship of landlord and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee tenant or Lessee's use of the AREIT Demised Premises, and not Lessee agrees that the liability of Lessor arising out of or in its personal capacity connection with this Lease, the relationship of landlord and all references to tenant or Lessee's use of the “Lessor” in this Agreement Demised Premises, shall be construed accordinglylimited to such estate and property of Lessor (or sale proceeds). AccordinglyNo other properties or assets of Lessor shall be subject to levy, notwithstanding execution or other enforcement procedures for the satisfaction of any provision to judgement (or other judicial process) or for the contrary satisfaction of any other remedy of Lessee arising out of or in connection with this AgreementLease, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee relationship of landlord and tenant or Lessee's use of the AREIT Demised Premises, and not if Lessee shall acquire a lien on or 25 interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lesser an instrument to that effect prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its personal capacity and officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is given due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by HSBCITS in its capacity reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as trustee authorized hereunder, nor by reason of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited repairs to the assets of Demised Premises or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trusteeBuilding. (b) Notwithstanding any provision to the contrary in this Agreement, it is hereby acknowledged and agreed that the obligations of the Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Agreement. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Notwithstanding The term "LESSOR" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Premises, and in the event of any provision to the contrary in this Agreementtransfer of such title or interest, the Parties agree Lessor herein named (and acknowledge that HSBC Institutional Trust Services (Singaporein case of any subsequent transfers, then the grantor) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and all references to the “Lessor” in this Agreement shall be construed accordingly. Accordingly, notwithstanding any provision relieved from and after the date of such transfer of all liability as respects Lessor's obligations thereafter to the contrary in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee of the AREIT and not in its personal capacity and any liability of or warranty, representation, covenant, undertaking or indemnity given be performed by the Lessor under this Agreement is given Lease, provided that any funds held by HSBCITS in its capacity as trustee Lessor or the then transferor at the time of such transfer under the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under provisions of this Agreement is limited Lease shall be delivered to the assets of or held on trust for the AREIT over which HSBCITS transferee and that such transferee assumes in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trustee. (b) Notwithstanding any provision to the contrary in this Agreement, it is hereby acknowledged and agreed that full the obligations of the "Lessor" under this Lease which are to be performed from and after the effective date of the transfer. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership. Notwithstanding any provision of this Lease to the contrary, Lessee agrees that it shall look solely to the estate and property of the Lessor in the Premises (including, but not limited to, any proceeds derived from the sale of the Premises or any portion of the Premises), subject to the prior rights of any mortgagee or holder of a deed of trust encumbering the Premises or any portion thereof and subject to the Lessor's rights under a leasehold interest in the Premises or any part thereof, if any, for the collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by Lessor, and no other asset of Lessor shall be subject to any levy, execution or other process for the satisfaction of Lessee's remedies under this Lease. No officer, director, administrator, employee, agent, or attorney of Lessor shall be personally liable for any default of Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this AgreementLease. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Notwithstanding any provision anything to the contrary provided in this AgreementLease, it is specifically understood and agreed, such agreement being a primary consideration for the Parties agree execution of this Lease by Lessor, that (i) there shall be absolutely no personal liability on the part of Lessor, its successors or assigns and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in the trustees, members, partners, shareholders, officers, directors, employees and agents of Lessor and its capacity as the trustee successors or assigns, to Lessee with respect to any of the AREIT terms, covenants and not conditions of this Lease, (ii) Lessee waives all claims, demands and causes of action against the trustees, members, partners, shareholders, officers, directors, employees and agents of Lessor and its successors or assigns in its personal capacity the event of any breach by Lessor of any of the terms, covenants and all references conditions of this Lease to be performed by Lessor, and (iii) Lessee shall look solely to the “Lessor” Properties for the satisfaction of each and every remedy of Lessee in this Agreement shall be construed accordingly. Accordingly, notwithstanding the event of any provision to the contrary in this Agreement, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee breach by Lessor of any of the AREIT terms, covenants and not in its personal capacity and any liability conditions of or warrantythis Lease to be performed by Lessor, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement is given by HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited to the assets of or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be matter in connection with this Lease or the matters relating Properties, such exculpation of liability to AREIT be absolute and without any exception whatsoever. Subject to the "Carveouts" as hereinafter set forth, it is specifically understood and agreed, such agreement being a primary consideration for the execution of this Lease by Lessee, that (i) there shall be absolutely no personal liability on the part of the trustees, members, partners, shareholders, officers, directors, employees and agents of Lessee and its successors or assigns, to Lessor with respect to any of the terms, covenants and conditions of this Lease or the Other Agreements, and (ii) Lessor waives all claims, demands and causes of action against the trustees, members, partners, shareholders, officers, directors, employees and agents of Lessee and its successors or assigns in the event of any breach by Lessee of any of the terms, covenants and conditions of this Lease or the Other Agreements to be performed by Lessee, such exculpation of liability and waiver of claims, however, shall not be applicable and shall not extend be of no force or effect upon the occurrence of any one or more of the following specified circumstances (the "Carveouts"): (i) Any fraud or misrepresentation by Lessee under this Lease, any of the other Loan Documents, or any of the Other Agreements; (ii) Waste of any of the Properties (which shall be defined to include damage, destruction or disrepair of the obligations Properties caused by a willful act or grossly negligent omission of HSBCITS the Lessee, but to exclude ordinary wear and tear in the absence of gross negligence); (iii) Misapplication of proceeds resulting from a Casualty or Taking (each as defined in the Mortgages); (iv) Failure of the Lessee to pay directly to Lender all rents, incomes and profits, net of reasonable and customary operating expenses, received in respect of any other trust or real estate investment trust of which it period when the Loan is trustee.in default; and (bv) Notwithstanding The termination or amendment of this Lease or any provision to the contrary Related Lease in this Agreement, it is hereby acknowledged and agreed that the obligations violation of the Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions terms of this AgreementLease or the Loan Documents. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building

LESSOR'S LIABILITY. (a) Notwithstanding any provision hereof to the contrary contrary, Lessee shall look solely to the estate and property of Lessor in and to the Building (or the proceeds received by Lessor on a sale of such estate and property but not the proceeds of any financing or refinancing thereof) in the event of any claim or judgment against Lessor arising out of or in connection with this AgreementLease, the Parties agree relationship of landlord and acknowledge that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) has entered into this Agreement only in its capacity as the trustee tenant or Lessee's use of the AREIT Demised Premises, and not Lessee agrees that the liability of Lessor arising out of or in its personal capacity connection with this Lease, the relationship of landlord and all references to tenant or Lessee's use of the “Lessor” in this Agreement Demised Premises, shall be construed accordinglylimited to such estate and property of Lessor (or sale proceeds). AccordinglyNo other properties or assets of Lessor shall be subject to levy, notwithstanding execution or other enforcement procedures for the satisfaction of any provision to judgment (or other judicial process) or for the contrary satisfaction of any other remedy of Lessee arising out of or in connection with this AgreementLease, HSBCITS has assumed all obligations under this Agreement only in its capacity as the trustee relationship of landlord and tenant or Lessee's use of the AREIT Demised Premises, and not if Lessee shall acquire a lien on or interest in any other properties or assets by judgment or otherwise, Lessee shall promptly release such lien on or interest in such other properties and assets by executing, acknowledging and delivering to Lessor an instrument to that effect, prepared by Lessor's attorneys. It is agreed that neither Lessor nor any of its personal capacity and officers, directors or employees shall ever be personally liable for any judgment against Lessor or any duty or liability of or warranty, representation, covenant, undertaking or indemnity given by the Lessor under this Agreement Lease. Lessor shall have no liability to Lessee for failure to perform Lessor's obligations hereunder where such failure(s) is given due to causes beyond Lessor's control, including without limitation acts of God, war, civil commotion, strikes, and embargoes; nor shall any such failure entitle Lessee to any abatement or reduction in Rent, except as may be expressly provided herein, or any claim of actual or constructive eviction. Lessee shall not be entitled to any compensation or reduction in Rent by HSBCITS in its capacity reason of inconvenience or loss arising from Lessor's entry onto the Demised Premises as trustee authorized hereunder, nor by reason of the AREIT and not in its personal capacity and any power and/or right conferred on any receiver, attorney, agent and/or delegate under this Agreement is limited repairs to the assets of Demised Premises or held on trust for the AREIT over which HSBCITS in its capacity as trustee of the AREIT has recourse and shall not extend to any personal or other assets of HSBCITS or any assets held by HSBCITS as the trustee of any trust (other than for the AREIT). Any obligation, matter, act, action or thing required to be done, performed, or undertaken or any covenant, representation, warranty or undertaking given by the Lessor under this Agreement shall only be in connection with the matters relating to AREIT and shall not extend to the obligations of HSBCITS in respect of any other trust or real estate investment trust of which it is trusteeBuilding. (b) Notwithstanding any provision to the contrary in this Agreement, it is hereby acknowledged and agreed that the obligations of the Lessor under this Agreement will be solely the corporate obligations of HSBCITS and that none of the Parties shall have any recourse against the shareholders, directors, officers or employees of HSBCITS for any claims, losses, damages, liabilities or other obligations whatsoever in connection with any of the transactions contemplated by the provisions of this Agreement. (c) For the avoidance of doubt, any legal action or proceedings commenced against the Lessor whether in Singapore or elsewhere pursuant to this Agreement shall be brought against HSBCITS in its capacity as trustee of the AREIT and not in its personal capacity. (d) This Clause 28 shall survive the termination or rescission of this Agreement. (e) The provisions of this Clause 28 shall apply, mutatis mutandis, to any notices, certificates or other documents which the Lessor issues under or pursuant to this Agreement as if expressly set out in such notice, certificate or document. 1) Site Info 2) Building