Common use of Landlord Not Liable for Money Damages Clause in Contracts

Landlord Not Liable for Money Damages. Whenever in this Lease Landlord’s consent or approval is required and this Lease provides that Landlord’s consent or approval shall not be unreasonably withheld and Landlord shall refuse such consent or approval, or in any instance in which Landlord shall delay its consent or approval, Tenant shall in no event be entitled to make, nor shall Tenant make, any claim, and Tenant hereby waives any claim, for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord unreasonably withheld or unreasonably delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce any such provision, for specific performance, injunction or declaratory judgment or for a determination as to whether Landlord reasonably withheld its consent pursuant to the Simplified Procedure for Court Determination of Disputes as set forth in the CPLR Section 3031 et seq. (or any successor thereto) in the Commonwealth of Virginia and the decisions shall be final and conclusive on the parties.