No Admission. Neither this Agreement nor any negotiations, documents, discussions, facts, acts, omissions, or performances associated with this Agreement or any of the matters contemplated by this Agreement, shall be deemed or construed to be an admission or acknowledgement by, or evidence of any violation of, the SPA, or any other Contract between or among the Parties or any of their respective Affiliates, any statute or law or of any Liability or wrongdoing whatsoever.

A Participant or Participant’s beneficiary shall have no right to anticipate, alienate, sell, transfer, assign, pledge or encumber any right to receive any Award made under the Plan, nor will any Participant or Participant’s beneficiary have any lien on any assets of the Company, or any affiliate thereof, by reason of any Award made under the Plan. No Award shall be in any manner subject to the debts, contracts, liabilities, engagements, or torts of any Participant.

No Purchases. CONSULTANT shall not purchase materials or supplies for the accounts of ​ or its related entities, or otherwise hold CONSULTANT out as being authorized to make purchases for which ​ or its related entities would be billed directly by the seller of the materials or supplies, unless such purchase is authorized in writing by ​ in advance.

No Admission. Nothing contained in this Agreement will constitute or be treated as an admission by Millian, the Company or any of the other Released Parties of any liability, wrongdoing or violation of law.

No Broker. Landlord and Tenant represents and warrants to the other that it dealt with no agent or broker in bringing about or procuring this Agreement. Each of Landlord and Tenant hereby indemnifies and holds the other harmless from any and all claims, demands, suits, judgments and costs, including reasonable attorneys’ fees, which may arise out of the failure of this representation and warranty by such party.

No Misconduct. If at any time prior to the date the Annual Incentive Award is paid by the Company or an Affiliate, a Participant is determined by the Administrator to have engaged in Misconduct, then no such Annual Incentive Award shall be paid to such Participant.

No Warranty. In executing and delivering this Lease, Tenant has not relied on any representations, including, but not limited to, any representation as to the amount of any item comprising Additional Rent or the amount of the Additional Rent in the aggregate or that Landlord is furnishing the same services to other tenants, at all, on the same level or on the same basis, or any warranty or any statement of Landlord which is not set forth herein or in one or more of the exhibits attached hereto.

No Violation. Tenant hereby warrants and represents that neither its execution of nor performance under this Lease shall cause Tenant to be in violation of any agreement, instrument, contract, law, rule or regulation by which Tenant is bound, and Tenant shall protect, defend, indemnify and hold Landlord harmless against any claims, demands, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs, arising from Tenant's breach of this warranty and representation.

No Mitigation. Except as provided in [Section 1(a)(iv)], no amounts or benefits payable to the Employee hereunder shall be subject to mitigation or reduction by income or benefits that the Employee receives from other sources.

No Damage. The Improvements shall not have been injured or damaged by fire, explosion, accident, flood or other casualty, unless ​ shall have received insurance proceeds or other monies sufficient in the reasonable judgment of ​ to effect the satisfactory restoration of the Improvements and to permit the Completion of the Improvements prior to the Completion Date.