Common use of Landlord's Exculpation Clause in Contracts

Landlord's Exculpation. Notwithstanding anything contained herein to the contrary, Tenant shall look solely to Landlord to enforce Landlord's obligations hereunder and no member, partner, shareholder, director, officer, principal, employee or agent, directly or indirectly, of Landlord (collectively, the "Exculpated Parties") shall be personally liable for the performance of Landlord's obligations under this Lease. Tenant shall not seek any damages against any of the Exculpated Parties. The obligations of the Landlord named herein (or of any subsequent landlord) under this Lease accruing from and after the sale, conveyance, assignment or transfer by the Landlord named herein (or by any subsequent landlord) of its interest in the Premises shall not be binding upon the Landlord named herein after the sale, conveyance, assignment or transfer of the interest in the Premises of the Landlord named herein (or upon any subsequent landlord after the sale, conveyance, assignment or transfer of the interest in the Premises of such subsequent landlord); and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder that accrue from and after such sale, conveyance, assignment or transfer of Landlord's interest in the Premises. The liability of Landlord for Landlord's obligations under this Lease shall in all cases be limited to Landlord's interest in the Premises and its other assets and Tenant shall not look to any other property or assets of any Exculpated Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. ****

Appears in 3 contracts

Samples: Lease (Harborside Healthcare Corp), Lease (Harborside Healthcare Corp), Lease (Harborside Healthcare Corp)

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Landlord's Exculpation. Notwithstanding anything contained herein any contrary provision hereof, (a) the liability of the Landlord Parties to Tenant shall be limited to an amount equal to the contrary, Landlord’s interest in the Building; (b) Tenant shall look solely to Landlord’s interest in the Building for the recovery of any judgment or award against any Landlord to enforce Party; (c) no Landlord Party shall have any liability for any judgment or deficiency, and Tenant waives and releases such liability on behalf of itself and all parties claiming by, through or under Tenant; and (d) no Landlord Party shall be liable for any injury or damage to, or interference with, Tenant’s business, including loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, or for any form of special or consequential damage. For purposes of this Section 20, “Landlord's obligations hereunder ’s interest in the Building” shall include rents paid by tenants, insurance proceeds, condemnation proceeds, and no member, partner, shareholder, director, officer, principal, employee or agent, directly or indirectly, proceeds from the sale of Landlord the Building (collectively, the "Exculpated Parties") shall be personally liable for the performance of Landlord's obligations under this Lease. “Owner Proceeds”); provided, however, that Tenant shall not seek be entitled to recover Owner Proceeds from any damages against Landlord Party (other than Landlord) or any of the Exculpated Parties. The obligations of the Landlord named herein (other third party after they have been distributed or of paid to such party; provided further, however, that nothing in this sentence shall diminish any subsequent landlord) right Tenant may have under this Lease accruing from and after the saleLaw, conveyance, assignment or transfer by the Landlord named herein (or by any subsequent landlord) of its interest in the Premises shall not be binding upon the Landlord named herein after the sale, conveyance, assignment or transfer of the interest in the Premises of the Landlord named herein (or upon any subsequent landlord after the sale, conveyance, assignment or transfer of the interest in the Premises of such subsequent landlord); and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder that accrue from and after such sale, conveyance, assignment or transfer as a creditor of Landlord's interest , to initiate or participate in an action to recover Owner Proceeds from a third party on the Premises. The liability of grounds that such third party obtained such Owner Proceeds when Landlord for Landlord's obligations under this Lease shall was, or could reasonably be expected to become, insolvent or in all cases be limited a transfer that was preferential or fraudulent as to Landlord's interest in the Premises and its other assets and Tenant shall not look to any other property or assets of any Exculpated Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. ****’s creditors.

Appears in 1 contract

Samples: Office Lease (Iovance Biotherapeutics, Inc.)

Landlord's Exculpation. Notwithstanding anything contained herein any contrary provision hereof, (a) the liability of the Landlord Parties to Tenant shall be limited to an amount equal to the contrary, Landlord’s interest in the Building; (b) Tenant shall look solely to Landlord’s interest in the Building for the recovery of any judgment or award against any Landlord to enforce Party; (c) no Landlord Party shall have any liability for any judgment or deficiency of Landlord's obligations hereunder , and Tenant waives and releases such liability on behalf of itself and all parties claiming by, through or under Tenant; and (d) no memberLandlord Party shall be liable for any injury or damage to, partneror interference with, shareholderTenant’s business, directorincluding loss of profits, officerloss of rents or other revenues, principalloss of business opportunity, employee loss of goodwill or agentloss of use, directly or indirectlyfor any form of special or consequential damage. For purposes of this Section 20, “Landlord’s interest in the Building” shall include rents paid by tenants, insurance proceeds, condemnation proceeds, and proceeds from the sale of Landlord the Building (collectively, the "Exculpated Parties") shall be personally liable for the performance of Landlord's obligations under this Lease. “Owner Proceeds”); provided, however, that Tenant shall not seek be entitled to recover Owner Proceeds from any damages against Landlord Party (other than Landlord) or any of the Exculpated Parties. The obligations of the Landlord named herein (other third party after they have been distributed or of paid to such party; provided further, however, that nothing in this sentence shall diminish any subsequent landlord) right Tenant may have under this Lease accruing from and after the saleLaw, conveyance, assignment or transfer by the Landlord named herein (or by any subsequent landlord) of its interest in the Premises shall not be binding upon the Landlord named herein after the sale, conveyance, assignment or transfer of the interest in the Premises of the Landlord named herein (or upon any subsequent landlord after the sale, conveyance, assignment or transfer of the interest in the Premises of such subsequent landlord); and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder that accrue from and after such sale, conveyance, assignment or transfer as a creditor of Landlord's interest , to initiate or participate in an action to recover Owner Proceeds from a third party on the Premises. The liability of grounds that such third party obtained such Owner Proceeds when Landlord for Landlord's obligations under this Lease shall was, or could reasonably be expected to become, insolvent or in all cases be limited a transfer that was preferential or fraudulent as to Landlord's interest in the Premises and its other assets and Tenant shall not look to any other property or assets of any Exculpated Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. ****’s creditors.

Appears in 1 contract

Samples: Office Lease (Geron Corp)

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Landlord's Exculpation. The term “Landlord,” as used in this Lease, shall mean only the owner or owners of the Real Property at the time in question. Notwithstanding anything contained herein to any other provision of this Lease, the contrary, Tenant shall look liability of Landlord for its obligations under this Lease is limited solely to Landlord Landlord’s interest in the Real Property as the same may from time to enforce Landlord's obligations hereunder time be encumbered, and no memberpersonal liability shall at any time be asserted or enforceable against any other assets of Landlord or against the constituent shareholders, partners or other owners of Landlord, or the directors, officers, employees and agents of Landlord or such constituent shareholder, partner or other owner, on account of any Landlord’s obligations or actions under this Lease, Notwithstanding any other provision of this Lease, Landlord shall not be liable for any consequential damages or interruption or loss of business, income or profits, nor shall Landlord be liable for loss of or damage to artwork, currency, jewelry, bullion, unique or valuable documents, securities or other valuables, or for other property not in the nature of ordinary fixtures, furnishings and equipment. Wherever in this Lease Tenant (a) releases Landlord from any claim or liability, (b) waives or limits any right of Tenant to assert any claim against Landlord or to seek recourse against any property of Landlord or (c) agrees to indemnify Landlord against any matters, the relevant release, waiver, limitation or indemnity shall run in favor of and apply to Landlord, the constituent shareholders, partners or other owners of Landlord, and the directors, officers, employees and agents of Landlord and each such constituent shareholder, partner or other owner. In no event shall any shareholder, partner, shareholder, directormember, officer, principal, employee director or agent, directly or indirectly, other constituent of Landlord (collectively, the "Exculpated Parties") shall or its direct or indirect constituents ever be personally liable for the performance of Landlord's ’s obligations or liability under this Lease. Tenant shall not seek any damages against any of the Exculpated Parties. The obligations of the Landlord named herein (or of any subsequent landlord) under this Lease accruing from and after the sale, conveyance, assignment or transfer by the Landlord named herein (or by any subsequent landlord) of its interest in the Premises shall not be binding upon the Landlord named herein after the sale, conveyance, assignment or transfer of the interest in the Premises of the Landlord named herein (or upon any subsequent landlord after the sale, conveyance, assignment or transfer of the interest in the Premises of such subsequent landlord); and in the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder that accrue from and after such sale, conveyance, assignment or transfer of Landlord's interest in the Premises. The liability of Landlord for Landlord's obligations under this Lease shall in all cases be limited to Landlord's interest in the Premises and its other assets and Tenant shall not look to any other property or assets of any Exculpated Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. ****.]

Appears in 1 contract

Samples: Sublease Agreement (Thermage Inc)

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