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Section 29.06 Without limiting the foregoing or anything contained in Article 8, Tenants acknowledges that Governmental Authorities have imposed, and from time to may impose, obligations affecting some or all of the Demised Property, or operations thereon, in response to climate change issues, including energy efficiency mandates, water conservation mandates, restrictions on sales or use of certain fuels, mandates for alternative fuels, permitting obligations, restrictions on or a duty to inventory and report greenhouse gas emissions, requirements to purchase carbon credits, construction, operational or other measures to mitigate risks of drought, fire, flood, rising sea levels, storm surge risks, so-called "extreme weather" risks and other legal obligations, whether adopted pursuant to Environmental Laws or other Laws. Tenants at its sole cost and expense shall ensure the Demised Property, and operations thereon, comply with any such applicable Laws, permits, and requirements of all Governmental Authorities having jurisdiction over the Demised Property. Moreover, Tenants agree that the cost or disruption to operations imposed by any such applicable Laws, permits, and requirements of all Governmental Authorities having jurisdiction over the Demised Property shall not excuse full performance of this Lease by Tenants and the Landlord shall not be liable to Tenants for damages covered by the interruption (temporary or permanent) of Tenants' business. ARTICLE 30 LANDLORD ASSIGNMENT Section 30.01 This Lease shall be fully assignable by Landlord or its successors and assigns. Tenants agree to cooperate reasonably with Landlord in connection with any such assignment. Section 30.02 Landlord and Tenants agree that this Lease constitutes a true lease and not a financing or other form of transaction (including for federal income tax purposes). In furtherance of the foregoing, Landlord and Tenants each irrevocably waives any claim or defense based upon the characterization of this Lease as anything other than a true lease and irrevocably waives any claim or defense that asserts that this Lease is anything other than a true lease. Landlord and Tenants covenant and agree that they will not assert that this Lease is anything but a true lease. Landlord and Tenants each stipulate and agree not to challenge the validity, enforceability or characterization of this Lease of the Demised Property as a true lease and further stipulate and agree that nothing contained in this Lease creates or is intended to create a joint venture, partnership (either de jure or de facto), equitable mortgage, trust, financing device or arrangement, security interest or the like. Landlord and Tenants each shall support the intent of the parties that the lease of the Demised Property pursuant to this Lease is a true lease and does not create a joint venture, partnership (either de jure or de facto), equitable mortgage, trust, financing device or arrangement, security interest or the like, if, and to the extent that, any challenge occurs. Tenants have discussed the characterization of this Lease with their independent auditors and Tenants believe that this Lease will be treated as an operating lease rather than a capital lease. Landlord shall have the sole right to claim all depreciation with respect to the Demised Property. For the avoidance of doubt, Tenants shall be entitled to claim all depreciation with respect to any Tenants Equipment. 33