Common use of Liability Limited Clause in Contracts

Liability Limited. (a) The parties hereto agree that ----------------- except as specifically set forth herein or in any other Operative Document, the Lessor shall have no personal liability whatsoever to the Lessee or any other Participant or the Administrative Agent or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the Lessor's interest in the Property; provided, however, that the Lessor shall be liable in its individual capacity for its own willful misconduct or gross negligence. It is understood and agreed that, except as provided in the preceding sentence: (i) the Lessor shall have no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of the Lessor to the Lessee are solely nonrecourse obligations; and (iii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. (b) No Participant shall have any obligation to the other Participant or to the Lessee, with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto Lessee, the Construction Agent, the Guarantor, the Lessee's General Partner, the Agent, and the Participants each acknowledge and agree that ----------------- the Lessor shall not be liable or accountable under any circumstances whatsoever in its individual capacity for or on account of any statements, representations, warranties, covenants or obligations stated to be those of the Lessor, except for its own gross negligence or willful misconduct or negligence in the handling of funds and as specifically set forth otherwise expressly provided herein or in any other Operative Document, the Lessor shall have no personal liability whatsoever to the Lessee or any other Participant or the Administrative Agent or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents, and it is understood and agreed that all obligations of the Lessor to the Lessee, the Construction Agent, the Lessee's General Partner, the Guarantor, the Agent and any Participant under the Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be are solely had nonrecourse obligations (except as otherwise expressly provided therein) enforceable only against the Lessor's interest in the Property; provided, however, that the Lessor shall be liable in its individual capacity for its own willful misconduct or gross negligence. It is understood and agreed that, except as provided in the preceding sentence: (i) the Lessor shall have no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of the Lessor to the Lessee are solely nonrecourse obligations; and (iii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. (b) No Participant shall have any obligation to the any other Participant or to the Lessee, the Construction Agent, the Lessee's General Partner, the Guarantor, the Lessor or the Agent with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that ----------------- except as specifically set forth herein or in any other Operative Document, the no Lessor shall have no any personal liability whatsoever to the Lessee or any other Participant or the Administrative Agent or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the such Lessor's interest in the Property; provided, however, that the each Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence, (b) breach of any of its representations, warranties or covenants under the Operative Documents, or (c) for any Tax based on or measured by any fees, commission or compensation received by it for acting as a Lessor as contemplated by the Operative Documents. It is understood and agreed that, except as provided in the preceding sentence: (i) the no Lessor shall have no any personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of the each Lessor to the Lessee any Lender are solely nonrecourse obligationsobligations except to the extent that such Lessor has received payment from others (including, without limitation, obligations with respect to the Loans); and (iii) all such personal liability of the any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the such Lessor. (b) No Participant shall have any obligation to the any other Participant or to any Bevexxx Xxxity, the Lessee, Lessors or the Lenders with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties Each party hereto agree acknowledges and agrees that ----------------- except as specifically set forth herein or in any other Operative Document, the Lessor shall have no personal liability whatsoever to the Lessee or any other Participant or the Administrative Agent or their respective successors is entering into this Participation Agreement and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from to which it is a party solely as an accommodation to the transactions contemplated hereby or thereby Lessee and recourse, if any, shall be solely had against the Lessor's interest in the Property; provided, however, that the Lessor shall not be liable in its individual capacity or accountable under any circumstances whatsoever for or on account of any statements, representations, warranties, covenants or obligations stated to be those of the Lessor, except for its own gross negligence or willful misconduct and as otherwise expressly provided herein or gross negligence. It in the other Operative Documents, and it is understood and agreed that, except as provided in the preceding sentence: (i) that all Obligations of the Lessor shall have no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of the Lessor to the Lessee are solely nonrecourse obligations; and obligations (iii) all such personal except as otherwise expressly provided therein). Nothing contained herein shall, however, affect in any manner the liability of the Lessor is expressly waived Lessee hereunder and released as a condition ofunder the other Operative Documents, and as consideration for, the execution and delivery of the Operative Documents by the Lessorwhich liability shall be full recourse. (b) No Participant Lender shall have any obligation to the any other Participant Lender or to the Lessee, Lessee or the Lessor with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant Lender expressly set forth in the Operative Documents or except as expressly set forth in the instruments delivered in connection therewith, and no Participant Lender shall be liable for performance by any other party hereto of such other party's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that ----------------- except as specifically set forth herein or in any other Operative Document, the no Lessor shall have no any personal liability whatsoever to the Lessee or any other Participant or the Administrative Agent or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the such Lessor's interest in the Property; provided, however, that the each Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence, (b) breach of any of its representations, warranties or covenants under the Operative Documents, or (c) for any Tax based on or measured by any fees, commission or compensation received by it for acting as a Lessor as contemplated by the Operative Documents. It is understood and agreed that, except as provided in the preceding sentence: (i) the no Lessor shall have no any personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of the each Lessor to the Lessee any Lender are solely nonrecourse obligationsobligations except to the extent that such Lessor has received payment from others (including, without limitation, obligations with respect to the Loans); and (iii) all such personal liability of the any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the such Lessor. (b) No Participant shall have any obligation to the any other Participant or to the Lessee, the Lessors or the Lenders with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that ----------------- except as specifically set forth herein or in any other Operative Document, the no Lessor shall have no any personal liability whatsoever to the Lessee or any other Participant or the Administrative Agent or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the such Lessor's interest in the Property; provided, however, that the each Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence, (b) breach of any of its representations, warranties or covenants under the Operative Documents, or (c) for any Tax based on or measured by any fees, commission or compensation received by it for acting as a Lessor as contemplated by the Operative Documents. It is understood and agreed that, except as provided in the preceding sentence: (i) the no Lessor shall have no any personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of the each Lessor to the Lessee any Lender are solely nonrecourse obligationsobligations except to the extent that such Lessor has received payment from others (including, without limitation, obligations with respect to the Loans); and (iii) all such personal liability of the any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the such Lessor. (b) No Participant shall have any obligation to the any other Participant or to any Bevexxx Xxxity, the Lessee, Lessors or the Lenders with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party's obligations under the Operative Documents except as otherwise so set forth.,