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g. INSURANCE NOT A LIMITATION OF LIABILITY. Lessee's insurance <br /> obligations in no way relieve or decrease Lessee's liability or Lessee's obligations <br /> to indemnify, protect and hold the Lessor or other indemnified parties harmless <br /> under any other provision in this Lease. <br /> h. LIMITATION OF LIABILITY. Except as may otherwise be specifically <br /> provided within this Lease, neither party nor any of its agents, contractors or <br /> employees shall be liable to the other party or any person claiming through that <br /> party for any lost revenue, lost profits, diminution in value of business, loss of <br /> technology, loss of data, or interruption or loss of use of service,punitive, indirect, <br /> special, trebled, enhanced, exemplary, incidental or consequential damages, even <br /> if advised of the possibility of such damages, whether such damages are claimed <br /> for breach of contract, tort (including negligence), strict liability or otherwise, <br /> unless applicable law forbids a waiver of such damages. This provision shall <br /> survive the expiration or earlier termination of this Lease. <br /> i. NO PERSONAL LIABILITY.No employees, officers,elected or appointed <br /> officials, volunteers, agents or contractors of a party shall be personally liable to the <br /> other party for any default,breach or any other non-performance or unpaid sum under <br /> this Lease. <br /> j. UPDATED REQUIREMENTS. Lessor shall have the right to reasonably <br /> amend or replace these insurance requirements and other insurance obligations <br /> contained herein on sixty (60) days' prior written notice to Lessee no more than <br /> once in any three year period. Such increases shall be reflective of then-current <br /> industry exposures. <br /> k. SURVIVAL. The provisions set forth in this section shall survive the <br /> expiration or earlier termination of this Lease. <br /> 3. Entire Agreement. The recitals set forth in this Third Addendum are true and correct and <br /> incorporated herein by reference. This Third Addendum sets forth the entire, final and <br /> complete understanding between the parties hereto regarding the subject matter of this Third <br /> Addendum, and it supersedes and replaces all previous understandings or agreements,written, <br /> oral, or implied, regarding the subject matter of this Third Addendum made or existing before <br /> the date of this Third Addendum.No waiver, amendment, or modification of any of the terms <br /> or conditions of this Third Addendum shall be effective unless in writing and signed by both <br /> parties. Any provision of this Third Addendum that logically would be expected to survive <br /> termination or expiration, shall survive for a reasonable time period under the circumstances, <br /> whether or not specifically provided in this Third Addendum. <br /> Page 4 of 27 <br /> Business Unit#s:823966,823967,823968 <br /> Site Names:Everett Mall-Burley,Everett Monopole,Everett Water Tank <br />