Common use of Liability of Lessor Limited Clause in Contracts

Liability of Lessor Limited. Except as otherwise expressly provided below in this Section 17.5, it is expressly understood and agreed by and between the Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any liability of Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such liability (other than that resulting from Lessor’s gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased Property, 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 Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers or agents, individually or personally, is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the right, title and interest of Lessor in and to the Leased Property and any proceeds from Lessor’s sale or encumbrance thereof (provided, however, 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 (other than that resulting from Lessor’s gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased Property).

Liability of Lessor Limited. Except as otherwise expressly provided below in this Section 17.5, it is expressly understood and agreed by and between the 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 Affiliates or any of their respective officers, directors, employees, members, shareholders, managers employees or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such personal liability (other than that resulting from Lessor’s 's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased Propertyany Lessee's action or failure to act), if any, being expressly waived by the each Lessee and by each and every Person now or hereafter claiming by, through or under the any Lessee, and that, so far as Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers employees or agents, individually or personally, is concerned, the each Lessee and any Person claiming by, through or under the any Lessee shall look solely 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 (provided, however, that the 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 therefrom (other than that resulting from Lessor’s 's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased Propertyany Lessee's action or failure to act).

Liability of Lessor Limited. Except as otherwise expressly provided below in this Section 17.5, it is expressly understood and agreed by and between the Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any liability of Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers shareholders or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such liability (other than that resulting from Lessor’s gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased PropertyLessee’s action or failure to act), 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 Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers shareholders or agents, individually or personally, is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely 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 (provided, however, 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 (other than that resulting from Lessor’s gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased PropertyLessee’s action or failure to act).

Liability of Lessor Limited. Except as otherwise expressly provided below in this Section 17.517.12, it is expressly understood and agreed by and between the each Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any liability of Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such liability (other than that resulting from Lessor’s gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased Propertyliability, if any, being expressly waived by the each Lessee and by each and every Person now or hereafter claiming by, through or under the any Lessee, and that, so far as Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers or agents, individually or personally, is concerned, the each Lessee and any Person claiming by, through or under the any Lessee shall look solely 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 (provided, however, that the 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 therefrom (other than provided that Lessor shall be liable for actual damages resulting from Lessor’s its or any of its Affiliate's gross negligence or 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 its interest in the Leased Propertyany Lessee's action or failure to act).

Liability of Lessor Limited. Except as otherwise expressly provided below in this Section SECTION 17.5, it is expressly understood and agreed by and between the each Lessee, Lessor and their respective successors and assigns that nothing herein contained shall be construed as creating any liability of Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers employees or agents, individually or personally, for any failure to perform any covenant, either express or implied, contained herein, all such liability (other than that resulting from Lessor’s 's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased Propertyany Lessee's action or failure to act), if any, being expressly waived by the each Lessee and by each and every Person now or hereafter claiming by, through or under the any Lessee, and that, so far as Lessor or any of its Affiliates or any of their respective officers, directors, employees, members, shareholders, managers employees or agents, individually or personally, is concerned, the each Lessee and any Person claiming by, through or under the any Lessee shall look solely 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 (providedPROVIDED, howeverHOWEVER, that the 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 therefrom (other than that resulting from Lessor’s 's gross negligence or willful misconduct, except to the extent imputed to Lessor by virtue of its interest in the Leased Propertyany Lessee's action or failure to act).