Common use of Exculpatory Clause Clause in Contracts

Exculpatory Clause. This Lease is executed by LaSalle National Trust, N.A. as Successor Trustee to LaSalle National Bank, not personally, but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated October 8, 1982 and known as Trust No. 105454. It is expressly understood and agreed that nothing in the Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agents, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenants, either express or implied, herein contained, to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement herein, and that all personal liability of said Trustee (and said beneficiaries and their agents, to the extent permitted by law) of every sort, if any, is hereby expressly waived by Tenant, and every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of liability accruing hereunder shall look solely to the trust estate from time to time subject to the provisions of said Trust Agreement for payment thereof. It is further understood and agreed that the said trustee has no agents or employees and merely holds naked legal title to the property herein described and has no knowledge respecting rentals, leases or other factual matter with respect to said Premises, except as represented to it by the beneficiaries of said Trust.

Appears in 1 contract

Samples: Lease (Option Care Inc/De)

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Exculpatory Clause. This Amendment to Lease is executed by LaSalle American National Trust, N.A. as Successor Trustee to LaSalle National BankBank and Trust Company of Chicago, not personally, personally but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated October 8July 30, 1982 1985 and known as Trust NoNumber 65110 at said Bank. 105454. It is expressly understood and agreed that nothing Nothing in the this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agentsbeneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantscovenant, either express or implied, herein contained, to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement hereinproperty of said Trust, and that all personal liability of said Trustee (and said beneficiaries and their agentsbeneficiaries, to the extent permitted by law) ), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of or liability accruing hereunder shall look solely to the trust estate Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said trustee The Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no knowledge respecting rentals, leases or other factual matter matters with respect to said the Premises, except as represented to it by the beneficiary or beneficiaries of said the Trust.

Appears in 1 contract

Samples: Lease (Mmi Companies Inc)

Exculpatory Clause. This Lease is executed by LaSalle National Trust, N.A. N.A., not personally but as Successor Trustee to LaSalle National Bank, not personally, but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries beneficiary of a certain Trust Agreement dated October 8February 9, 1982 1990, and known as Trust No. 105454Number 115264. It is expressly understood and agreed that nothing in the this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agents, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantscovenant, either express or implied, herein contained, to keep, preserve or sequester any property of said Trust, that said Trustee is not the agent of the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement herein, and that all personal liability of said Trustee (and said beneficiaries and their agents, to the extent permitted by law) of every sort, if any, is hereby expressly waived by Tenant, and every person now or hereafter claiming any right or security hereunder; and that so far as the The parties hereto are concerned have caused this Lease to be executed on the owner of any indebtedness of liability accruing hereunder shall look solely to the trust estate from time to time subject to the provisions of said Trust Agreement for payment thereofdate first above written. It is further understood and agreed that the said trustee has no agents or employees and merely holds naked legal title to the property herein described and has no knowledge respecting rentalsLANDLORD: LaSALLE NATIONAL BANK, leases or other factual matter with respect to said Premisessuccessor Trustee To: LASALLE NATIONAL TRUST, except N.A., not individually but as represented to it by the beneficiaries of said Trust.Successor ATTEST: Trustee as aforesaid /s/ NANCX X. XXXXX By /s/ [SIGNATURE ILLEGIBLE] ------------------------------- ------------------------------------ Asst. Secretary Its Vice President -------------------------------- TENANT:

Appears in 1 contract

Samples: Sublease (Quintus Corp)

Exculpatory Clause. This Amendment to Lease is executed by LaSalle American National Trust, N.A. as Successor Trustee to LaSalle National BankBank and Trust Company of Chicago, not personally, personally but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated October 8July 30, 1982 1985 and known as Trust NoNumber 65110 at said Bank. 105454. It is expressly understood and agreed that nothing Nothing in the this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agentsbeneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantscovenant, either express or implied, herein contained, to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement hereinproperty of said Trust, and that all personal liability of said Trustee (and said beneficiaries and their agentsbeneficiaries, to the extent permitted by law) ), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of or liability accruing hereunder shall look solely to the trust estate Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said trustee The Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no knowledge respecting rentals, leases or other factual matter matters with respect to said the Premises, except as represented to it by the beneficiaries of said the Trust.

Appears in 1 contract

Samples: Lease (Mmi Companies Inc)

Exculpatory Clause. This Lease is executed by LaSalle National Trust, N.A. N.A., as Successor Trustee to LaSalle National BankTrustee, not personally, personally but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated October 8July 3, 1982 1996, and known as Trust No. 105454Number 120358 at said Bank. It is expressly understood and agreed that nothing in the this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agentsbeneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantsa covenant, either express or implied, herein contained, to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement hereinproperty of said Trust, and that all personal liability of said Trustee (and said beneficiaries and their agentsbeneficiaries, to the extent permitted by law) ), of every sort, if any, is hereby expressly waived by TenantLessee, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of or liability accruing hereunder shall look solely to the trust estate Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said trustee Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said Premises, except as represented to it by the beneficiary or beneficiaries of the said Trust.

Appears in 1 contract

Samples: Industrial Building Lease (Successories Inc)

Exculpatory Clause. This Lease is executed by LaSalle American National TrustBank and Trust Company of Chicago, N.A. as Successor Trustee to LaSalle National BankIllinois, not personally, personally but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated October 8June 11, 1982 1985, and known as Trust No. 105454Number 64661 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in the this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agentsbeneficiaries, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantscovenant, either express or implied, herein contained, to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement hereinproperty of said Trust, and that all personal liability of said Trustee (and said beneficiaries and their agents, to the extent permitted by law) ), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of or liability accruing hereunder shall look solely to the trust Trust estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said trustee Trustee has no agents agent or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said Premisespremises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Appears in 1 contract

Samples: Industrial Space Lease (Tekgraf Inc)

Exculpatory Clause. This Lease is executed by LaSalle National Trust, N.A. as Successor Trustee to LaSalle National BankLandlord, not personally, but solely as Trustee under trustee (hereinafter "Trustee") pursuant to a certain Trust Agreement dated October 8August 27, 1982 and known as Trust No. 105454Number 105272 (hereinafter "Trust Agreement"), in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries Landlord's Beneficiaries, and subject to all provisions of a certain the Trust Agreement dated October 8Agreement, 1982 and known as Trust No. 105454to which the Lease is expressly made subject. It is expressly understood and agreed that nothing in the this Lease contained shall be construed as creating any liability whatsoever against said the Trustee personally or said beneficiaries or their agentsLandlord's Beneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantscovenant, either express or implied, herein contained, to keep, preserve preserve, or sequester any property of the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement hereinTrust, and that all personal liability of said Trustee (the Trustee, and said beneficiaries and their agentsthe Landlord's Beneficiaries, to the extent permitted by law) of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness of or liability accruing hereunder shall look solely to the trust estate from time to time Trust Estate, which is the Building, subject to the provisions of said the Trust Agreement Agreement, for the payment thereof. It is further understood and agreed that the said trustee Trustee has no agents or employees and merely holds naked legal title a leasehold interest to the property herein described Building and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases leases, or other factual matter with respect to said Premisesthe Building, except as represented to it by the beneficiaries of said Trust.Landlord's Beneficiaries. THE BALANCE OF THIS PAGE IS INTENTIONALLY OMITTED

Appears in 1 contract

Samples: Lease Agreement (Delphi Information Systems Inc /De/)

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Exculpatory Clause. This Lease is executed by LaSalle American National Trust, N.A. as Successor Trustee to LaSalle National BankBank and Trust Company of Chicago, not personally, personally but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated October 8September 6, 1982 1985, and known as Trust No. 10545465453 at said Bank. It is expressly understood and agreed that nothing in the this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agentsbeneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantscovenant, either express or implied, herein contained, to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform any covenant property or agreement hereinsaid Trust, and that all personal liability of said Trustee (and said beneficiaries and their agentsbeneficiaries, to the extent permitted by law) ), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any the indebtedness of or liability accruing hereunder shall look solely to the trust estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It If is further understood and agreed that the said trustee Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said Premisespremises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Appears in 1 contract

Samples: Lease Agreement (Neomedia Technologies Inc)

Exculpatory Clause. This Lease is executed by LaSalle American National Trust, N.A. as Successor Trustee to LaSalle National BankBank and Trust Company of Chicago, not personally, personally but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated October 8July 30, 1982 1985, and known as Trust NoNumber 65110 at said Bank. 105454. It is expressly understood and agreed that nothing Nothing in the this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agentsbeneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantscovenant, either express or implied, herein contained, to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement hereinproperty of said Trust, and that all personal liability of said Trustee (and said beneficiaries and their agentsbeneficiaries, to the extent permitted by law) ), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of or liability accruing hereunder shall look solely to the trust estate Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said trustee The Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter matters with respect to said the Premises, except as represented to it by the beneficiary or beneficiaries of said the Trust.

Appears in 1 contract

Samples: Lease Agreement (Wintrust Financial Corp)

Exculpatory Clause. This Lease is executed by LaSalle American National Trust, N.A. as Successor Trustee to LaSalle National BankBank & Trust Company, not personally, personally but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as Trust No. 105454aforesaid, in the exercise of the and power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated October 8September 15, 1982 1976, and known as Trust No. 105454Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in the this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries or their agentsbeneficiaries, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantscovenant, either express or implied, implied herein contained, to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform acquiesce any covenant or agreement hereinproperty of said Trust, and that all personal liability of said Trustee (and said beneficiaries and their agents, to the extent permitted by law) ), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of liability accruing hereunder 51 shall look solely to the trust estate Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said trustee Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said Premisespremises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Appears in 1 contract

Samples: Lease Amendment (Mfri Inc)

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