Exculpation of Lessor. Notwithstanding anything contained in the preceding paragraph or in any other provision hereof, Lessee shall look solely to the estate and interest of Lessor, its successors and assigns in the Premises (and any condemnation, insurance or other proceeds thereof) for the collection of any judgment recovered against Lessor based upon the breach by Lessor of any of the terms, conditions or covenants of this Lease on the part of Lessor to be performed, and no other property or assets of Lessor shall be subject to levy, execution or other enforcement procedures for the satisfaction of Lessee's remedies under or with respect to either this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use and occupancy of the Premises.
Exculpation of Lessor. Except to the extent caused by the gross negligence or willful misconduct of Lessor, its employees, agents or contractors, Lessor shall not be liable to Lessee for any damage to Lessee or Lessee’s property from any cause. Lessee waives all claims against Lessor for damage to person or property arising in any manner and for any reason, except that Lessor shall be liable to Lessee for damage to Lessee resulting from the willful neglect or gross negligence of Lessor or its employees, agents or contractors.
Exculpation of Lessor. If Lessor shall convey title to the Leased Premises pursuant to a sale or exchange of property, the Lessor shall not be liable to Lessee or any immediate or remote assignee or successor of Lessee as to any act or omission from and after such conveyance.
Exculpation of Lessor. The acceptance by Lessor of this Assignment, with all of the rights, powers, privileges and authority created hereby, shall not, prior to entry upon and taking possession of the Property by Lessor, be deemed or construed to constitute Lessor a "mortgagee in possession", nor thereafter or at any time or in any event obligate Lessor to take any action hereunder or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under a Tenant Lease or to assume any obligation or responsibility for any security deposits or other deposits delivered to Lessee by a Tenant and not assigned and delivered to Lessor, nor shall Lessor be liable in any way for any injury or damage to persons or property sustained by any person, firm or corporation in or about the Property not attributable to the negligence or fault of Lessor, its agents or affiliates.
Exculpation of Lessor. Anything in this Agency Agreement to the contrary notwithstanding, except with respect to the Lessor Liens attributable to the Lessor and the Lessor's gross negligence, willful misconduct or fraud, no recourse or relief shall be had under any rule of law or equity, statute or constitution, or by enforcement of any assessments, penalties, damages, judgments, or otherwise, for liability arising from this or the other Transaction Documents (whether by breach of any obligation, monetary or nonmonetary on the part of the Lessor) against the Lessor personally or against any officer, member, director, or representative of the Lessor, including any predecessor or successor of the Lessor, it being expressly understood and agreed that any liability or obligation of the Lessor under this Agency Agreement is chargeable to and compensable solely and exclusively from the Lessor's interest, if any, in and to the Leased Premises, and any funds or proceeds (including rights to funds and proceeds) in possession of the Lessor in any manner derived from the Lessor's rights or interests under the Transaction Documents, and any claim of liability other than the foregoing is hereby expressly waived by the Construction Agent and by any Person claiming by, through or under the Construction Agent.
Exculpation of Lessor. Notwithstanding anything contained herein to the contrary, the covenants contained in this Lease to be performed by Lessor shall not be binding personally, but instead said covenants are made for the purpose of binding only the fee simple or leasehold estate which Lessor owns in the demised Premises. The Lessee shall look solely to the equity of the Lessor in the property for the satisfaction of the remedies of the Lessee in the event of a breach by the Lessor.
Exculpation of Lessor. Other lessees of the Project may use, handling or store certain Hazardous Substances in connection with such lessees' use of their premises. The failure of another lessee to comply with applicable laws and procedures could result in a release of Hazardous Substances and contamination to the Project, or any part thereof or the soil and ground water thereunder. In the event of such release, the lessee responsible for the release, and not Lessor, shall be solely responsible for any claim, damage or expense incurred by Lessee by reason of such contamination. Lessee waives any rights it may have to later assert that the foregoing release does not cover unknown claims. Lessee and anyone claiming by, through or under Lessee hereby fully and irrevocably releases Lessor, its partners and their respective employees, officers, directors, representatives, agents, successors and assigns from any and all claims that it may now have or hereafter acquire against such persons and entities for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to any construction defects, errors, omissions or other conditions, including, but not limited to, environmental matters, affecting the Property, or any portion thereof. This release includes claims of which Lessee is presently unaware or which Lessee does not presently suspect to exist in its favor which, if known by Lessee, would materially affect Lessee's release of Lessor. Lessee specifically waives the provision of California Civil Code (S) 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." DG BAM ----------------- ----------------- Lessor's Initials Lessee's Initials
Exculpation of Lessor. It is expressly agreed, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of Lessor are made and intended not as personal representations, warranties, covenants, undertakings and agreements by Lessor, or for the purpose or with the intention of binding Lessor, personally, but are made and intended for the purpose of binding only the Trust Estate and this Lease is executed and delivered by Lessor not in its own right but solely in the exercise of the powers expressly conferred upon it as Trustee under the Declaration; and no personal liability or personal responsibility is assumed by or shall at any time be asserted or enforceable against Lessor on account of this Lease or on account of any representation, warranty, covenant, undertaking or agreement of Lessor, either expressed or implied herein, all such personal liability, if any, being expressly waived and released by Lessee and by all Persons claiming by, through or under it, and that all recourse against the Lessor under this Lease shall be limited to the Trust Estate.
Exculpation of Lessor. Notwithstanding any other provision of this Lease, Lessor shall not have any personal liability hereunder. If Lessor shall fail to perform any covenant, term or condition of this Lease upon Lessor's part to be performed, and if as a consequence of such default Lessee shall recover a money judgment against Lessor, such judgment shall be satisfied only out of the net income received by Lessor from the Premises (after payment of taxes, insurance, maintenance and debt service). Lessee acknowledges that the obligations of Lessor under this Lease do not constitute the personal obligations of Lessor or the trusts of which Lessor is the trustee (collectively the "Trust") and, except for the net income from the Premises, no other assets of Lessor or the Trust shall be subject to recourse for the satisfaction of any liability arising from or in connection with this Lease.
Exculpation of Lessor. 9 ARTICLE VII
