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200403219 justified, will not constitute an event of default or breach under this Lease or any other document contemplated herein. Neither the exercise of nor the failure to exercise such right of set -off will constitute an election of remedies or limit Lessee or Buyer (as defined in the SPA) or any of their affiliates in any manner in the enforcement of any other remedies that may be available to it. 22. Recording. It is the intention of the parties hereto that this Lease be recorded in the public real estate records of the county and state in which the Premises are located as notice of the covenants contained herein. 23. Successors. This Lease shall bind and shall inure to the benefit of the successors and assigns of the respective parties hereto. 24. Indemnity. The Lessee covenants with the Lessor that the Lessor shall not be liable for any damage or liability of any kind or for any damage or injury to persons or property during the term of this Lease from any cause whatsoever occasioned by reason of the use, occupancy and enjoyment of the Premises by the Lessee or any person thereon or holding under the Lessee. Lessee will indemnify and save harmless the Lessor from all liability whatsoever on account of any such damage or injury, and from all claims, liens, and demands arising out of the use of the building and its facilities or any repairs or alterations which the Lessee may make upon the Premises. Lessor shall not be liable to the Lessee or any employee, invitee or licensee of the Lessee, for any injury, destruction or damage whatsoever to person, property or otherwise caused by the misuse, condition, maintenance or lack thereof, or by reason of any structural or other defect therein, including by way of specification and not by way of limitation damage caused by gas, sewage, electric wires, plumbing, pipes, water, refrigeration, steam tanks, drains, fire, explosions, or otherwise. 25. Suns. Lessor shall haw the right to place "For Rent" or "For Sale" signs not in excess of two feet by three feet in size, upon any portion of the exterior of the Premises. 26. Entire Agreement. The parties declare that in entering into this Lease they relied solely upon the statements contained in this Lease, and fully understand that no agents or representatives have authority to, in any Wanner, change, add to or detract from the terms of the Lease, which constitutes the entire agreement of the parties. 27. Amendments. This Lease may only be amended or changed by an instrument in writing signed by the Lessor and the Lessee. 28. Severability. In case any of the provisions of this Lease shall at any time be held by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this Lease, and this Lease shall be construed and enforced as if all such illegal invalid or unenforceable provisions had never been inserted herein. 29. Costs and Expense (including reasonable fees for legal shall be paid by Lessee. Expenses All costs and expenses that are incurred by Lessor counsel) in connection with the enforcement of this Lease KCO 1 DOCS\669217.3 9