Common use of Liability of Lessor Limited Clause in Contracts

Liability of Lessor Limited. Except as otherwise expressly provided below in this Section, it is expressly understood and agreed by and between Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, to perform any covenant, either express or implied, contained herein, all such personal liability, if any, being expressly waived by Lessee and by each and every Person now or hereafter claiming by, through or under Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, Lessee and any Person claiming by, through or under Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, the right, title and interest of Lessor in the Leased Property, any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds (provided, however, that Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefrom.

Liability of Lessor Limited. Except as otherwise expressly provided below in this SectionSection 17.12, it is expressly understood and agreed by and between each Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such personal liabilityliability (other than that resulting from Lessor's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act), if any, being expressly waived by each Lessee and by each and every Person now or hereafter claiming by, through or under any Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, each Lessee and any Person claiming by, through or under any Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, to the right, title and interest of Lessor in and to the Leased Property, Properties and any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds thereof (provided, however, that no Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefromtherefrom (other than that resulting from Lessor's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act).

Liability of Lessor Limited. Except as otherwise --------------------------- expressly provided below in this SectionSection 17.12, it is expressly understood and ------------- agreed by and between each Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such personal liabilityliability (other than that resulting from Lessor's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act), if any, being expressly waived by each Lessee and by each and every Person now or hereafter claiming by, through or under any Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, each Lessee and any Person claiming by, through or under any Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, to the right, title and interest of Lessor in and to the Leased Property, Properties and any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds thereof (provided, however, that no Lessee shall not be entitled to any double -------- ------- recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefromtherefrom (other than that resulting from Lessor's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act).

Liability of Lessor Limited. Except as otherwise expressly provided below in this SectionSection 17.5, it is expressly understood and agreed by and between each Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees employees, shareholders or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such personal liabilityliability (other than that resulting from Lessor's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act), if any, being expressly waived by each Lessee and by each and every Person now or hereafter claiming by, through or under any Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees employees, shareholders or agents, individually or personally, is concerned, each Lessee and any Person claiming by, through or under any Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, to the right, title and interest of Lessor in and to the Leased Property, Properties and any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds thereof (provided, however, that no Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefromtherefrom (other than that resulting from Lessor's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act).

Liability of Lessor Limited. Except as otherwise expressly provided below in this SectionSection 17.5, it is expressly understood and agreed by and between each Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such personal liabilityliability (other than that resulting from Lessor's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act), if any, being expressly waived by each Lessee and by each and every Person now or hereafter claiming by, through or under any Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, each Lessee and any Person claiming by, through or under any Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, to the right, title and interest of Lessor in and to the Leased Property, Properties and any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds thereof (provided, however, that no Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefromtherefrom (other than that resulting from Lessor's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act).

Liability of Lessor Limited. Except as otherwise expressly provided in this Lease or below in this Section, it is expressly understood and agreed by and between Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor (other than for its intentional misrepresentations of willful misconduct) or any of its constituent members or other Affiliates, or JH Management Corporation, or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, to perform any covenant, either express or implied, contained herein, all such personal liability, if any, being expressly waived by Lessee and by each and every Person now or hereafter claiming by, through or under Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, Lessee and any Person claiming by, through or under Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, the right, title and interest of Lessor in the Leased Property, any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds (provided, however, that Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefrom.

Liability of Lessor Limited. Except as otherwise expressly --------------------------- provided below in this SectionSection 17.12, it is expressly understood and agreed by ------------- and between Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, to perform any covenant, either express or implied, contained herein, all such personal liability, if any, being expressly waived by Lessee and by each and every Person now or hereafter claiming by, through or under Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, other than in connection with the willful misconduct, gross negligence, misrepresentation or fraud on the part of the Lessor or any of its Affiliates or any of their respective officers, directors, employees or agents, Lessee and any Person claiming by, through or under Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, to the right, title and interest of Lessor in the Leased Property, Property and any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds thereof (provided, however, that Lessee shall not be entitled to any double recovery) -------- ------- for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefrom.

Liability of Lessor Limited. Except as otherwise expressly provided below in this SectionSection 17.12, it is expressly understood and agreed by and between Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, to perform any covenant, either express or implied, contained herein, all such personal liability, if any, being expressly waived by Lessee and by each and every Person now or hereafter claiming by, through or under Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, Lessee and any Person claiming by, through or under Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, to the right, title and interest of Lessor in the Leased Property, Property and any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds thereof (provided, however, that Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefrom, provided that Lessor shall be liable for actual damages resulting from its or any of its Affiliate's gross negligence, willful misconduct, misrepresentation and breach of its covenants set forth in Section 5.29 or 5.30 of the Master Agreement.

Liability of Lessor Limited. Except as otherwise expressly provided below in this Section, it is expressly understood and agreed by and between Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, to perform any covenant, either express or implied, contained herein, all such personal liability, if any, being expressly waived by Lessee and by each and every Person now or hereafter claiming by, through or under Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, Lessee and any Person claiming by, through or under Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, the right, title and interest of Lessor in the Leased Property, any proceeds from Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds (providedPROVIDED, howeverHOWEVER, that Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefrom.

Liability of Lessor Limited. Except as otherwise expressly provided below in this SectionSECTION 18.12, it is expressly understood and agreed by and between the Lessee, the Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of the Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, to perform any covenant, either express or implied, contained herein, all such personal liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee, and that, so far as the Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to, and the liability of the Lessor hereunder shall be limited to, the right, title and interest of the Lessor in the Leased Property, any proceeds from the Lessor's sale or encumbrance thereof, and any Awards or Loss Proceeds (providedPROVIDED, howeverHOWEVER, that the Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefrom.

Liability of Lessor Limited. Except as otherwise expressly provided below in this SectionSection 17.12, it is expressly understood and agreed by and between each Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any personal liability of Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such personal liability, if any, being expressly waived by each Lessee and by each and every Person now or hereafter claiming by, through or under any Lessee, and that, so far as Lessor or any of its constituent members or other Affiliates, or JH Management Corporation, Affiliates or any of their respective incorporators, stockholders, officers, directors, employees or agents, individually or personally, is concerned, each Lessee and any Person claiming by, through or under any Lessee shall look solely to, and the liability of Lessor hereunder shall be limited to, to the right, title and interest of Lessor in and to the Leased Property, Properties and any proceeds from Lessor's ’s sale or encumbrance thereof, and any Awards or Loss Proceeds thereof (provided, however, that no Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefromtherefrom (provided that Lessor shall be liable for actual damages resulting from its or any of its Affiliate’s gross negligence, willful misconduct, misrepresentation and breach of its covenants set forth in Section 5.17 of the Master Agreement, except to the extent imputed to Lessor by virtue of any Lessee’s action or failure to act).