Common use of Landlord’s Lease Undertakings Clause in Contracts

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s use of the Premises or the Building (collectively, “Landlord’s Lease Undertaking”) shall extend only to Landlord’s interest in the real estate of which the Premises demised under the Lease Documents are a part (“Landlord’s Real Estate”) and not to any other assets of Landlord or its beneficiaries; and (b) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc., or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTR, not individually but solely on behalf of, and as the authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate for the enforcement of any claim against Landlord.

Appears in 2 contracts

Samples: Office Lease (Guidance Software, Inc.), Office Lease (Daily Journal Corp)

AutoNDA by SimpleDocs

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders riders or addenda hereto attached (collectively the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to the (i) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of (ii) any matter relating to Tenant’s use 's occupancy of the Premises or the Building (collectively, "Landlord’s 's Lease Undertaking”Undertakings") shall extend only be limited to solely an amount equal to the lesser of (x) Landlord’s 's interest in the real estate Building and (y) the equity interest Landlord would have in the Building if the Building were encumbered by independent secured financing equal to eighty percent (80%) of which the Premises demised under value of the Lease Documents are a part Building; (“Landlord’s Real Estate”b) and not to Tenant shall have no recourse against any other assets of Landlord or its beneficiariesthe Landlord Parties (as defined below); (c) at no time shall Landlord be responsible or liable to Tenant for any lost profits, lost economic opportunities or any form of consequential damage as the result of any actual or alleged breach by Landlord or the Landlord Parties of Landlord's Lease Undertakings; and (bd) no present or future officer, director, employee, trustee, mortgagee, ground lessor, member, retirant, beneficiary, internal investment contractor, manager, investment manager, agent, successor and assign of Landlord (collectively, the "Landlord Parties") shall have any personal liability or personal responsibility of any sort responsibility, directly or indirectly, with respect to any of Landlord’s 's Lease Undertakings and recourse shall not be had against any such officer, director, shareholder, employee, trustee, mortgagee, ground lessor, member, retirant, beneficiary, internal investment contractor, investment manager, agent, successor and assign under or in connection with any Landlord's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc., or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representativesthereof. Tenant acknowledges that hereby waives and releases any and all such personal liability and recourse against the Landlord or Landlord Parties. The limitations of liability provided in this Lease is executed by certain general partners of OTRSection 24.1 are in addition to, and not individually but solely on behalf in limitation of, and as the authorized nominee and agent forany limitation on liability applicable to Landlord provided by law or in any other contract, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate for the enforcement of any claim against Landlordagreement or instrument.

Appears in 1 contract

Samples: Office Lease (Ultimate Software Group Inc)

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s use of the Premises or the Building (collectively, “Landlord’s Lease UndertakingUndertakings”) shall extend only to Landlord’s interest in the real estate of which the Premises demised under the Lease Documents are a part (“Landlord’s Real Estate”) and not to any other assets of Landlord or its beneficiariesofficers, directors or shareholders; and (b) except to the extent of Landlord’s interest in Landlord’s Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate PropertiesXxxxxxx Services, Inc., or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Landlord represents and warrants to Tenant acknowledges that (i) fee title to the Project and Premises is vested in Landlord, and, as of the date of this Lease Lease, is executed subject to no defects or encumbrances that would prevent or interfere with the Agreed Use; (ii) by certain general partners of OTR, not individually but solely on behalf of, and as the authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf and by allowing Tenant to use the Premises for the Agreed Use, Landlord is not violating and will not be violating any restrictive covenant or agreement contained in any other lease or contract affecting Landlord or the Premises; (iii) except as disclosed to Tenant in writing prior to Tenant’s execution of Landlord and must look solely this Lease, there is no active litigation with respect to the Landlord’s Real Estate for Project involving other existing or prior tenants, adjacent landowners or governmental agencies and (iv) Landlord has the enforcement of any claim against Landlordauthority to enter into this Lease and its execution and delivery by Landlord has been duly authorized.

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease the Lease, as amended hereby, or in any exhibits, Riders or addenda hereto attached (collectively collectively, the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s 's use of the Premises or the Building (collectively, "Landlord’s 's Lease Undertaking”Undertakings") shall extend only to Landlord’s 's interest in the real estate of which the Premises demised under the Lease Documents are a part ("Landlord’s 's Real Estate") and not to any other assets of Landlord or its beneficiaries; and (b) except to the extent of Landlord's interest in Landlord's Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc.Xxxxxxx Capital Management Corporation or Xxxxxxx Properties Ltd., or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that this Lease is executed by certain general partners each and all of OTRthe representations, warranties, covenants, undertakings and agreements herein made on the part of Landlord while in form purporting to be the representations, warranties, covenants, undertakings and agreements of Landlord are nevertheless each and every one of them made and intended, not individually as personal representations, warranties, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding Landlord personally, but solely on behalf ofare made and intended for the purpose only of subjecting Landlord's interest in the Building, the Land and the Premises to the terms of the Lease, as amended hereby, and as the authorized nominee for no other purpose whatsoever, and agent forin case of default hereunder by Landlord (or default through, under or by any of its beneficiaries, or agents or representatives or said beneficiaries), the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must shall look solely to the interests of Landlord in the Building and the Land; that this Amendment is executed and delivered by Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that neither the Landlord not any of Landlord’s Real Estate for 's beneficiaries shall have any personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, and no liability or duty shall rest upon Landlord to sequester the enforcement trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and that no personal liability or personal responsibility of any claim sort is assumed by, nor shall at any time be asserted or enforceable against, said Landlord, American National Bank and Trust Company of Chicago, a national banking association, individually or personally, but only as Trustee under the provisions of a Trust Agreement known as its Trust No. 107101-01, or against Landlordany of the beneficiaries under said Trust Agreement, or their respective agents, on account of the Lease, as amended hereby, or on account of any representation, warranty, covenant, undertaking or agreement of Landlord contained in the Lease, as amended hereby, either express or implied, all such personal liability, if any, being expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Appears in 1 contract

Samples: Office Lease (Kanbay International Inc)

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s 's use of the Premises or the Building (collectively, "Landlord’s 's Lease Undertaking") shall extend only to Landlord’s 's interest in the real estate of which the Premises demised under the Lease Documents are a part ("Landlord’s 's Real Estate") and not to any other assets of Landlord or its beneficiaries; and (b) no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTRSEAGATE PROPERTIES, an Ohio general partnership, Seagate Properties, Inc.INC., or against any of their respective directors, officers, employees, agents, constituent partners, members, managers, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is may be executed by certain general partners officers of OTRSEAGATE PROPERTIES, INC., not individually but solely on behalf of, and as the authorized nominee and agent for, the State Teachers Retirement Board of OhioLandlord, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s 's Real Estate for the enforcement of any claim against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Nile Therapeutics, Inc.)

Landlord’s Lease Undertakings. Notwithstanding anything to the ----------------------------- contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s 's use of the Premises or the Building (collectively, "Landlord’s 's Lease Undertaking") shall extend only to Landlord’s 's interest in the real estate of which the Premises demised under the Lease Documents are a part ("Landlord’s 's Real Estate") and not to any other assets of Landlord or its beneficiaries; and (b) no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc., Seagate Realty Advisors, or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTROTR and/or Seagate Realty Advisors, not individually but solely on behalf of, and as the authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate assets of State Teachers Retirement Board of Ohio for the enforcement of any claim against Landlord.

Appears in 1 contract

Samples: Office Lease (Bre Properties Inc /Md/)

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s use of the Premises or the Building (collectively, “Landlord’s Lease Undertaking”) shall extend only to Landlord’s interest in the real estate of which the Premises demised under the Lease Documents are a part (“Landlord’s Real Estate”) and not to any other assets of Landlord or its beneficiaries; and (b) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc., Seagate Realty Advisors, or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTROTR and/or Seagate Realty Advisors, not individually but solely on behalf of, and as the authorized nominee and agent for, the The State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate for the enforcement of any claim against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Rainmaker Systems Inc)

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s 's use of the Premises or the Building (collectively, "Landlord’s 's Lease Undertaking”Undertakings") shall extend only to Landlord’s 's interest in the real estate of which the Premises demised under the Lease Documents are a part ("Landlord’s 's Real Estate") and not to any other assets of Landlord or its beneficiaries; and (b) except to the extent of Landlord's interest in Landlord's Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc.Xxxxxxx Capital Management Corporation or Xxxxxxx Properties Ltd., or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that this Lease is executed by certain general partners each and all of OTRthe representations, warranties, covenants, undertakings and agreements herein made on the part of Landlord while in form purporting to be the representations, warranties, covenants, undertakings and agreements of Landlord are nevertheless each and every one of them made and intended, not individually as personal representations, warranties, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding Landlord personally, but solely on behalf ofare made and intended for the purpose only of subjecting Landlord's interest in the Building, the Land and the Premises to the terms of this lease and for no other purpose whatsoever, and as the authorized nominee and agent forin case of default hereunder by Landlord (or default through, under or by any of its beneficiaries, or agents or representatives of said beneficiaries), the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must shall look solely to the interest of Landlord in the Building and Land; that this lease is executed and delivered by Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that neither the Landlord nor any of Landlord’s Real Estate for 's beneficiaries shall have any personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, and no liability or duty shall rest upon Landlord to sequester the enforcement trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and that no personal liability or personal responsibility of any claim sort is assumed by, nor shall at any time be asserted or enforceable against, said Landlord, American National Bank and Trust Company of Chicago, a national banking association, individually or personally, but only as Trustee under the provisions of a Trust Agreement dated December 5, 1985 and known as its Trust No. 66078, or against Landlordany of the beneficiaries under said Trust Agreement, or their respective agents, on account of this lease or on account of any representation, warranty, covenant, undertaking or agreement of Landlord in this lease contained, either express or implied, all such personal liability, if any, being expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Appears in 1 contract

Samples: Office Lease (Kanbay International Inc)

AutoNDA by SimpleDocs

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders riders or addenda hereto attached (collectively the “Lease Documents”), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successors and assigns) with respect to the (i) any actual or alleged breach or breaches by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of (ii) any matter relating to Tenant’s use occupancy of the Premises or the Building (collectively, “Landlord’s Lease UndertakingUndertakings”) shall extend only be limited to solely an amount equal to Landlord’s interest in the real estate of which the Premises demised under the Lease Documents are a part Building; (“Landlord’s Real Estate”b) and not to Tenant shall have no recourse against any other assets of Landlord or its beneficiariesthe Landlord Parties (as defined below); and (bc) no present or future officer, director, employee, trustee, mortgagee, ground lessor, member, retirant, beneficiary, internal investment contractor, manager, investment manager, agent, successor and assign of Landlord (collectively, the “Landlord Parties”) shall have any personal liability or personal responsibility of any sort responsibility, directly or indirectly, with respect to any of Landlord’s Lease Undertakings and recourse shall not be had against any such officer, director, shareholder, employee, trustee, mortgagee, ground lessor, member, retirant, beneficiary, internal investment contractor, investment manager, agent, successor and assign under or in connection with any Landlord’s Lease Undertakings or any alleged breach thereof is assumed bythereof. The limitations of liability provided in this Section 24.1 are in addition to, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc., or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTR, and not individually but solely on behalf in limitation of, and as the authorized nominee and agent forany limitation on liability applicable to Landlord provided by Law or in any other contract, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate for the enforcement of any claim against Landlordagreement or instrument.

Appears in 1 contract

Samples: Office Lease (Capitalsource Inc)

Landlord’s Lease Undertakings. Notwithstanding anything to the ----------------------------- contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s Tenant"s use of the Premises or the Building (collectively, “Landlord’s "Landlord"s Lease Undertaking") shall extend only to Landlord’s Landlord"s interest in the real estate of which the Premises demised under the Lease Documents are a part (“Landlord’s "Landlord"s Real Estate") and not to any other assets of Landlord or its beneficiaries; and (b) no personal liability or personal responsibility of any sort with respect to any of Landlord’s Landlord"s Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc., Seagate Realty Advisors, or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTROTR and/or Seagate Realty Advisors, not individually but solely on behalf of, and as the authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate assets of State Teachers Retirement Board of Ohio for the enforcement of any claim against Landlord.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s use of the Premises or the Building (collectively, "Landlord’s 's Lease Undertaking”Undertakings") shall extend only to Landlord’s 's interest in the real estate of which the Premises demised under the Lease Documents are a part ("Landlord’s 's Real Estate") and not to any other assets of Landlord or its beneficiaries; and (b) except to the extent of Landlord's interest in Landlord's Real Estate, no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, an Ohio general partnership, Seagate Properties, Inc.Heitxxx/XXX Advisory Corporation or Heitxxx Xxxperties Ltd., or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges Notwithstanding the foregoing, Landlord agrees that this Lease for so long as Landlord or an affiliate of Landlord owns Landlord's Real Estate and Landlord's current beneficiary or an affiliate of Landlord's beneficiary owns the beneficial interest in Landlord, Landlord shall maintain an equity interest in Landlord's Real Estate of not less than Five Million Dollars ($5,000,000). It is executed expressly understood and agreed by certain general partners and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of OTRthe representations, warranties, covenants, undertakings and agreements herein made on the part of Landlord while in form purporting to be the representations, warranties, covenants, undertakings and agreements of Landlord are nevertheless each and every one of them made and intended, not individually as personal representations, warranties, covenants, undertakings and agreements by Landlord or for the purpose or with the intention of binding Landlord personally, but solely on behalf ofare made and intended for the purpose only of subjecting Landlord's interest in the Building, the Land and the Premises to the terms of this lease and for no other purpose whatsoever, and as the authorized nominee and agent forin case of default hereunder by Landlord (or default through, under or by any of its beneficiaries, or agents or representatives of said beneficiaries), the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must shall look solely to the interests of Landlord in the Building and Land; that this lease is executed and delivered by Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; that neither the Landlord nor any of Landlord’s Real Estate for 's beneficiaries shall have any personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, and no liability or duty shall rest upon Landlord to sequester the enforcement trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and that no personal liability or personal responsibility of any claim sort is assumed by, nor shall at any time be asserted or enforceable against, and Landlord, American National Bank and Trust Company of Chicago, a national banking association, individually or personally, but only as Trustee under the provisions of a Trust Agreement dated December 6, 1988 and known as its Trust No. 107101-01, or against Landlordany of the beneficiaries under said Trust Agreement, or their respective agents, on account of this lease or on account of any representation, warranty, covenant, undertaking or agreement of Landlord in this lease contained, either express or implied, all such personal liability, if any, being expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Appears in 1 contract

Samples: Office Lease (Galileo International Inc)

Landlord’s Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or in any exhibits, Riders or addenda hereto attached (collectively the "Lease Documents"), it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord with respect to the alleged breach by or on the part of Landlord of any representation, warranty, covenant, undertaking or agreement contained in any of the Lease Documents or otherwise arising out of Tenant’s 's use of the Premises or the Building (collectively, "Landlord’s 's Lease Undertaking") shall extend only to Landlord’s 's interest in the real estate of which the Premises demised under the Lease Documents are a part ("Landlord’s 's Real Estate") and not to any other assets of Landlord or its beneficiaries; and (b) no personal liability or personal responsibility of any sort with respect to any of Landlord’s 's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or enforceable against, Landlord, OTR, ," an Ohio general partnership, Seagate Properties, Inc., Seagate Realty Advisors, or against any of their respective directors, officers, employees, agents, constituent partners, beneficiaries, trustees or representatives. Tenant acknowledges that this Lease is executed by certain general partners of OTROTR and/or Seagate Realty Advisors, not individually but solely on behalf of, and as the authorized nominee and agent for, the State Teachers Retirement Board of Ohio, and Tenant and all persons dealing with Landlord waive any right to bring a cause of action against the individuals executing this Lease on behalf of Landlord and must look solely to the Landlord’s Real Estate assets of State Teachers Retirement Board of Ohio for the enforcement of any claim against Landlord.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!