Common use of Landlord Liability Clause in Contracts

Landlord Liability. 29.3.1 It is expressly understood and agreed by Tenant that none of Landlord's covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partners, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's interest in the Property and no personal liability is assumed by, nor at any time may be asserted against, Landlord or its partners or any of its or their officers, agents, employees, legal representatives, successors or assigns, if any, all such liability, if any, being expressly waived and released by Tenant, and in any proceeding or in the case of any judgment against Landlord, Tenant shall request that the judgment index be noted to reflect the exclusion from liability herein set forth. In addition to all other limitations contained in this Lease, Tenant agrees that no trustee, officer, director, general or limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operations of Landlord) of Hub Properties LLC shall be held to any liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation of any kind (in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or omitted for or on behalf of Landlord. 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of such Landlord's interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession or otherwise, but any such person, whether or not named herein, shall have no liability hereunder after it ceases to hold such interest. 29.3.3 In the event of any sale or other conveyance or transfer of Landlord's interest in the Property, the transferor shall be and hereby is entirely free and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation of Landlord's liability in this Section 29) the transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, including, without limitation, obligations for all defaults and claims (if any) arising prior to the date of such transfer.

Landlord Liability. 29.3.1 It is expressly understood and agreed by Tenant that none No owner of Landlord's covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partners, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's interest in the Property and no personal liability is assumed by, nor at any time may be asserted against, Landlord or its partners or any of its or their officers, agents, employees, legal representatives, successors or assigns, if any, all such liability, if any, being expressly waived and released by Tenant, and in any proceeding or in the case of any judgment against Landlord, Tenant shall request that the judgment index be noted to reflect the exclusion from liability herein set forth. In addition to all other limitations contained in this Lease, Tenant agrees that no trustee, officer, director, general or limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operations of Landlord) of Hub Properties LLC shall be held to any liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation of any kind (in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or omitted for or on behalf of Landlord. 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of such Landlord's interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession or otherwise, but any such personDemised Premises, whether or not named herein, shall have no liability hereunder after it ceases to hold such interest. 29.3.3 In title to the event of Demised Premises, provided any sale or other conveyance or transfer of transferee assume in writing Landlord's interest in the Property, the transferor shall be obligations under this Lease arising from and hereby is entirely free and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation of Landlord's liability in this Section 29) the transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, including, without limitation, obligations for all defaults and claims (if any) arising prior to after the date of such transfer. Neither Landlord nor any officer, director, shareholder, partner or principal of Landlord, whether disclosed or undisclosed, shall be under any personal liability with respect to any of the provisions of this Lease. In the event Landlord is in breach or default with respect to Landlord's obligations or otherwise under this Lease, Tenant shall look solely to the equity of Landlord in the Building (and any future rents and profits derived therefrom) for the satisfaction of Tenant's remedies. It is expressly understood and agreed that Landlord's liability under the terms, covenants, conditions, warranties and obligations of this Lease shall in no event exceed the loss of Landlord's equity interest in the Building. Notwithstanding the foregoing provisions of this Section 26, Industrial Developments International (Tennessee), L.P. ("IDI") (but not its officers, directors, shareholders, employees, partners or principals) shall be personally liable for the completion of the construction and installation of the Improvements in accordance with the Plans and Specifications, and, other than any collateral or other grants or assignments made in connection with any construction financing of such work, IDI shall not grant a security interest in, nor assign or convey any of its ownership of, the Demised Premises prior to substantial completion of such work, unless, in connection with any such conveyance, IDI agrees to remain liable for completion of all such work (and provides Tenant with reasonable evidence of such agreement).

Landlord Liability. 29.3.1 It is expressly understood and agreed by Tenant that none of Landlord's ’s covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partners, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's ’s interest in the Property and no personal liability is assumed by, nor at any time may be asserted against, Landlord or its partners or any of its or their officers, agents, employees, legal representatives, successors or assigns, if any, all such liability, if any, being expressly waived and released by Tenant, and in any proceeding or in the case of any judgment against Landlord, Tenant shall request that the judgment index be noted to reflect the exclusion from liability herein set forth. In addition to all other limitations contained in this Lease, Landlord hereby notifies Tenant agrees that the Declaration of Trust of 0000 Xxxxxx Xxxxxx Property Trust provides, and Tenant agrees, that no trustee, officer, director, general or limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operations operation of Landlord) of Hub Properties LLC 0000 Xxxxxx Xxxxxx Property Trust shall be held to any liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation of any kind (in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or omitted for or on behalf of Landlord. 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of such Landlord's ’s interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession or otherwise, but any such person, whether or not named herein, shall have no liability hereunder after it ceases to hold such interest. 29.3.3 In the event of any sale or other conveyance or transfer of Landlord's ’s interest in the Property, the transferor shall be and hereby is entirely free and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation of Landlord's ’s liability in this Section 29) the transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, including, without limitation, obligations for all defaults and claims (if any) arising prior to the date of such transfer.

Landlord Liability. 29.3.1 It is expressly understood and agreed by Tenant that none Notwithstanding anything in this Lease to the contrary, all obligations of Landlord's Landlord hereunder will be construed as covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partnersnot conditions, and all such obligations will be binding upon Landlord only during the period of its ownership and possession of the Premises and not thereafter. The term "Landlord" shall mean only the owner of the Premises with respect to the time at which any liability for damage or breach or nonperformance claim is asserted in a written notice delivered to the owner at such time, and in the event of the transfer by Landlord shall be collectible only out such owner of Landlord's its interest in the Property Premises, such owner shall thereupon be released and no discharged from all covenants and obligations of the Landlord thereafter accruing, but such covenants and obligations shall be binding during the Term upon each new owner for the duration of such owner's ownership. Notwithstanding any other provision hereof, Landlord shall not have any personal liability is assumed by, nor at hereunder. In the event of any time may be asserted against, breach or default by Landlord or its partners or any of its or their officers, agents, employees, legal representatives, successors or assigns, if any, all such liability, if any, being expressly waived and released by Tenant, and in any proceeding term or in the case provision of any judgment against Landlord, Tenant shall request that the judgment index be noted to reflect the exclusion from liability herein set forth. In addition to all other limitations contained in this Lease, Tenant agrees that to look solely to the equity or interest then owned by Landlord in the land and improvements which constitute the Premises or the Shopping Center; however, in no trusteeevent, officer, director, general shall any deficiency judgment or limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operations of Landlord) of Hub Properties LLC shall be held to any liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation money judgment of any kind (in tort, contract be sought or otherwise) of, obtained against any landlord which is now or with respect hereafter a party to Landlord or arising out of any action taken or omitted for or on behalf of Landlordthis Lease. 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of such Landlord's interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession or otherwise, but any such person, whether or not named herein, shall have no liability hereunder after it ceases to hold such interest. 29.3.3 In the event of any sale or other conveyance or transfer of Landlord's interest in the Property, the transferor shall be and hereby is entirely free and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation of Landlord's liability in this Section 29) the transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, including, without limitation, obligations for all defaults and claims (if any) arising prior to the date of such transfer.

Landlord Liability. 29.3.1 In no event shall Landlord be in default hereunder unless it has failed to cure such default within thirty (30) days after written notice (or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to proceed diligently to cure such default after written notice). It is expressly understood and agreed by Tenant that none of Landlord's covenants, undertakings any money judgment resulting from any default or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partners, and any liability for damage or breach or nonperformance by Landlord other claim arising under this Lease shall be collectible satisfied only out of Landlord's ’s interest in the Property Building, and no other real, personal liability is assumed byor mixed property of Landlord (the term “Landlord” for purposes of this section only shall mean any and all partners, nor at any time may be asserted againstboth general and/or limited, Landlord or its partners or any of its or their officers, agentsdirectors, employeesshareholders, legal representatives, successors or assignsmembers and beneficiaries, if any, all who comprise Landlord), wherever situated, shall be subject to levy on any judgment obtained against Landlord. Tenant hereby waives, the extent waivable under law, any right to satisfy a money judgment against Landlord except from Landlord’s interest in the Building. If such liabilityinterest is not sufficient for the payment of such judgment, if anyTenant will not institute any further action, being expressly waived and released by Tenantsuit, claim or demand, in law or in equity, against Landlord for or on the account of such deficiency. Notwithstanding anything herein contained to the contrary, Tenant hereby waives, to the extent waivable under law, any right to specific performance in the event of Landlord’s default referred to herein, and in any proceeding or Tenant expressly agrees that except as provided in the case immediately following sentence, Tenant’s remedy shall be limited to the monetary damages referred to in this Section. Notwithstanding the foregoing, in the event of failure by Landlord to give any judgment against Landlordconsent, Tenant shall request that the judgment index be noted to reflect the exclusion from liability herein set forth. In addition to all other limitations contained as provided in this Lease, Tenant agrees that no trustee, officer, director, general or limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operations of Landlord) of Hub Properties LLC Tenant’s sole remedy shall be held to any liability, jointly or severally, an action for any debt, claim, demand, judgment, decree, liability or obligation of any kind (in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or omitted for or on behalf of Landlord. 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of such Landlord's interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession or otherwisespecific performance at law, but any in no event shall Landlord be responsible in monetary damages for failure to give such person, whether or not named herein, shall have no liability hereunder after it ceases to hold such interestconsent. 29.3.3 In the event of any sale or other conveyance or transfer of Landlord's interest in the Property, the transferor shall be and hereby is entirely free and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation of Landlord's liability in this Section 29) the transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, including, without limitation, obligations for all defaults and claims (if any) arising prior to the date of such transfer.

Landlord Liability. 29.3.1 It is expressly understood and agreed by Tenant that none No owner of Landlord's covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partners, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's interest in the Property and no personal liability is assumed by, nor at any time may be asserted against, Landlord or its partners or any of its or their officers, agents, employees, legal representatives, successors or assigns, if any, all such liability, if any, being expressly waived and released by Tenant, and in any proceeding or in the case of any judgment against Landlord, Tenant shall request that the judgment index be noted to reflect the exclusion from liability herein set forth. In addition to all other limitations contained in this Lease, Tenant agrees that no trustee, officer, director, general or limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operations of Landlord) of Hub Properties LLC shall be held to any liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation of any kind (in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or omitted for or on behalf of Landlord. 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of such Landlord's interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession or otherwise, but any such personDemised Premises, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Demised Premises (except for matters occurring during the period that said owner owns the Demised Premises) provided that such interest. 29.3.3 In successor owner has assumed the event of any sale or other conveyance or transfer of Landlord's interest in the Property, the transferor shall be and hereby is entirely free and relieved of all covenants and obligations of Landlord hereunderunder this Lease. Neither Landlord nor any officer, and it director, shareholder, partner or principal of Landlord, whether disclosed or undisclosed, shall be deemed and construed without further agreement between under any personal liability with respect to any of the parties or their successors in interestprovisions of this Lease. IN THE EVENT LANDLORD IS IN BREACH OR DEFAULT WITH RESPECT TO LANDLORD'S OBLIGATIONS OR OTHERWISE UNDER THIS LEASE, or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation of Landlord's liability in this Section 29) the transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunderTENANT SHALL LOOK SOLELY TO THE EQUITY OF LANDLORD IN THE LAND AND BUILDING FOR THE SATISFACTION OF TENANT'S REMEDIES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT LANDLORD'S LIABILITY UNDER THE TERMS, includingCOVENANTS, without limitationCONDITIONS, obligations for all defaults and claims (if any) arising prior to the date of such transferWARRANTIES AND OBLIGATIONS OF THIS LEASE SHALL IN NO EVENT EXCEED LANDLORD'S EQUITY INTEREST IN THE BUILDING.

Landlord Liability. 29.3.1 It is expressly understood Tenant, its successors, and agreed by Tenant that none assigns shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord's covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partners, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of ’s assets other than Landlord's ’s interest in the Property and no personal liability is assumed by, nor at any time may be asserted against, Landlord or its partners or any of its or their officers, agents, employees, legal representatives, successors or assigns, if any, all Premises. Tenant agrees to look solely to such liability, if any, being expressly waived and released by Tenant, and in any proceeding or in interest for the case satisfaction of any judgment liability or claim against Landlord, Tenant shall request that the judgment index be noted to reflect the exclusion from liability herein set forthLandlord under this Lease. In addition to all other limitations contained in this Leaseno event whatsoever shall Landlord (which term shall include, Tenant agrees that no trusteewithout limitation, officer, director, any general or limited partner, membertrustees, shareholderbeneficiaries, beneficiaryofficers, employee directors, or agent (including any person or entity from time to time engaged to supervise and/or manage the operations stockholders of Landlord) of Hub Properties LLC shall ever be held to any liability, jointly or severally, personally liable for any debt, claim, demand, judgment, decree, liability or obligation of any kind (such liability. Wherever in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or omitted for or on behalf of Landlord. 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of Landlord’s consent or approval is required, if Landlord refuses to grant such Landlord's interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession consent or otherwise, but any such personapproval, whether or not named hereinLandlord expressly agreed that such consent or approval would not be unreasonably withheld, shall have no liability hereunder after it ceases to hold such interest. 29.3.3 In the event of any sale or other conveyance or transfer of Landlord's interest in the Property, the transferor Tenant’s sole remedy shall be and hereby is entirely free and relieved of all covenants and obligations of an action or proceeding to enforce such provision, by specific performance, injunction, declaratory judgment. Subject to the foregoing, in no event shall Landlord hereunderbe liable for, and it shall be deemed and construed without further agreement between the parties or their successors in interestTenant, or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation on behalf of Landlord's liability in this Section 29) the transferee has assumed and agreed to carry out any itself and all covenants other subtenants or occupants of the Premises and obligations Tenant’s respective agents, contractors, subcontractors, employees, invitees or licensees, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of Landlord hereunderprofits or business opportunity, including, without limitation, obligations for all defaults and claims (if any) arising prior to the date of such transferunder or in connection with this Lease.

Landlord Liability. 29.3.1 It is expressly understood and agreed by Tenant that ------------------ none of Landlord's covenants, undertakings understandings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord or its partnersLandlord, and any liability for damage or breach or nonperformance of non-performance by Landlord shall be collectible only out of Landlord's interest in the Property buildings and land and no personal liability is assumed by, nor at any time may be asserted against, against Landlord or its partners his heirs, or any of its or their officers, agents, employees, legal representatives, successors or assigns, if any, all such liabilityliabilities, if any, being expressly waived and released by TenantXxxxxx. Provided, and in any proceeding however, if Xxxxxx obtains a final judgement against Landlord based upon breach by Landlord of his covenants, warranties, undertakings or in the case of any judgment against Landlord, Tenant shall request that the judgment index be noted to reflect the exclusion from liability herein set forth. In addition to all other limitations agreements contained in this Lease, and if Landlord does not satisfy such judgement within thirty (30) days after entry thereof, Tenant agrees that no trusteemay, officersuccessively if necessary (and in addition to all other rights and remedies provided at law or in equity or elsewhere herein) set off the amount of such judgement against the rent or any other amounts payable to Landlord by Tenant hereunder next due under the provisions of this Lease. Anything herein to the contrary notwithstanding, director, general or limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operations waiver of Landlord) of Hub Properties LLC Landlords personal liability set forth in this Paragraph 39 shall be held not apply to any liabilityliabilities of Landlord arising pursuant to Paragraph 35, jointly Hazardous Waste, or severally, for any debt, claim, demand, judgment, decree, liability or obligation over-payment of any kind (rent by Tenant. It is further expressly understood and agreed by Xxxxxx that Landlord reserves the right, at any time during the Lease Term, to transfer title to the demised premises free from any Right of First Refusal set forth in tort, contract Paragraph 37 to a Limited Liability Company or otherwise) of, against or with respect to other limited liability entity providing Landlord or arising out of any action taken or omitted for or on behalf of Landlord. 29.3.2 The Landlord named on page 1 of this Lease and any subsequent owners of such Landlord's retains a controlling interest in the Property, as well as their respective heirs, personal representatives, successors and assigns shall each have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, including the right to proceed in its own name to enter judgment by confession said company or otherwise, but any such person, whether or not named herein, shall have no liability hereunder after it ceases to hold such interestentity. 29.3.3 In the event of any sale or other conveyance or transfer of Landlord's interest in the Property, the transferor shall be and hereby is entirely free and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the transferee at any such sale or conveyance or transfer that (subject to the limitation of Landlord's liability in this Section 29) the transferee has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, including, without limitation, obligations for all defaults and claims (if any) arising prior to the date of such transfer.