Common use of Liability of Lessor Limited Clause in Contracts

Liability of Lessor Limited. All payments to be made by Lessor in respect of the Loans, the Notes and the Loan Agreement shall be made only from certain payments received under the Lease and certain proceeds of the Property and only to the extent that Lessor shall have received sufficient payments from such sources to make payments in respect of the Loans. Each Participant agrees that it will look solely to such sources of payments to the extent available for distribution to such Participant as herein provided and that neither Lessor nor Administrative Agent is or shall be personally liable to any other Participant for any amount payable hereunder or under any Note. Nothing in the Loan Agreement, the Notes or any other Operative Document shall be construed as creating any liability (other than for willful misconduct or gross negligence) of Lessor to pay any sum or to perform any covenant, either express or implied, in the Lease, the Loan Agreement, the Notes or any other Operative Documents (all such liability, if any, being expressly waived by Lessee, Participants and Administrative Agent) and that each Participant and each Administrative Agent, on behalf of itself and its successors and assigns, agrees in the case of any liability of Lessor hereunder or thereunder (except for such liability attributable to its willful misconduct or gross negligence) that it will look solely to those certain payments received under the Lease and those certain proceeds of the Property, provided, however, that Lessor shall in any event be liable with respect to (i) the removal of Lessor's Liens resulting from claims against or acts or breaches by Lessor or involving its gross negligence or willful misconduct or (ii) failure to turn over payments Lessor has received in respect of Basic Rent; and provided further that the foregoing exculpation of Lessor shall not be deemed to be exculpations of Lessee or any other Person.

Liability of Lessor Limited. All payments to be made by Lessor in respect of the Loans, the Notes and the Loan Agreement shall be made only from certain payments received under the Lease and certain proceeds of the Property and only to the extent that Lessor shall have received sufficient payments from such sources to make payments in respect of the Loans. Each Participant agrees that it will look solely to such sources of payments to the extent available for distribution to such Participant as herein provided and that neither Lessor nor Administrative Agent is or shall be personally liable to any other Participant for any amount payable hereunder or under any Note. Nothing in the Loan Agreement, the Notes or any other Operative Document shall be construed as creating any liability (other than for willful misconduct or gross negligence) of Lessor to pay any sum or to perform any covenant, either express or implied, in the Lease, the Loan Agreement, the Notes or any other Operative Documents (all such liability, if any, being expressly waived by Lessee, Participants and Administrative Agent) and that each Participant and each Administrative Agent, on behalf of itself and its successors and assigns, agrees in the case of any liability of Lessor hereunder or thereunder (except for such liability attributable to its willful misconduct or gross negligence) that it will look solely to those certain payments received under the Lease and those certain proceeds of the Property, providedPROVIDED, howeverHOWEVER, that Lessor shall in any event be liable with respect to (i) the removal of Lessor's Liens resulting from claims against or acts or breaches by Lessor or involving its gross negligence or willful misconduct or (ii) failure to turn over payments Lessor has received in respect of Basic Rent; and provided further PROVIDED FURTHER that the foregoing exculpation of Lessor shall not be deemed to be exculpations of Lessee or any other Person.. 38

Liability of Lessor Limited. All payments to be made Except as otherwise expressly --------------------------- provided below in this Section 17.12, it is expressly understood and agreed by ------------- and between each Lessee, Lessor in respect of the Loans, the Notes and the Loan Agreement shall be made only from certain payments received under the Lease their respective successors and certain proceeds of the Property and only to the extent assigns that Lessor shall have received sufficient payments from such sources to make payments in respect of the Loans. Each Participant agrees that it will look solely to such sources of payments to the extent available for distribution to such Participant as nothing herein provided and that neither Lessor nor Administrative Agent is or shall be personally liable to any other Participant for any amount payable hereunder or under any Note. Nothing in the Loan Agreement, the Notes or any other Operative Document contained shall be construed as creating any liability (other than for willful misconduct or gross negligence) of Lessor to pay or any sum of its Affiliates or any of their respective officers, directors, employees or agents, individually or personally, for any failure to perform any covenant, either express or implied, in the Leasecontained herein, the Loan Agreement, the Notes or any other Operative Documents (all such liabilityliability (other than that resulting from Lessor's gross negligence or willful misconduct (including willful failure to act where Lessor had a duty to act), 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, Participants and Administrative Agent) that, so far as Lessor or any of its Affiliates or any of their respective officers, directors, employees or agents, individually or personally, is concerned, each Lessee and that each Participant and each Administrative Agentany Person claiming by, on behalf of itself and its successors and assigns, agrees in the case of through or under any liability of Lessor hereunder or thereunder (except for such liability attributable to its willful misconduct or gross negligence) that it will Lessee shall look solely to those certain payments received under the Lease right, title and those certain interest of Lessor in and to the Leased Properties and any proceeds of the Property, from Lessor's sale or encumbrance thereof (provided, however, that Lessor no party shall in be -------- ------- entitled to any event be liable with respect to double recovery) for the performance of any obligation under this Lease and under the Operative Documents and the satisfaction of any liability arising therefrom (i) the removal of other than that resulting from Lessor's Liens resulting from claims against or acts or breaches by Lessor or involving its gross negligence or willful misconduct or (ii) including willful failure to turn over payments act where Lessor has received in respect had a duty to act), except to the extent imputed to Lessor by virtue of Basic Rent; and provided further that the foregoing exculpation of Lessor shall not be deemed any Lessee's action or failure to be exculpations of Lessee or any other Personact).

Liability of Lessor Limited. All payments to be made by The term "Lessor" as used in this Lease means only the owner or ground Lessor in respect for the time being of the Loansland which constitutes the leased Premises, so that in the Notes and the Loan Agreement shall be made only from certain payments received under the Lease and certain proceeds event of any sale or sales of such land, or assignment of the Property and only to the extent that Lessor shall have received sufficient payments from such sources to make payments in respect ground lease, or assignment, transfer or other conveyance of the Loans. Each Participant agrees that it will look solely to such sources of payments to the extent available for distribution to such Participant as herein provided and that neither Lessor nor Administrative Agent is or shall be personally liable to any other Participant for any amount payable hereunder or his rights under any Note. Nothing in the Loan Agreement, the Notes or any other Operative Document shall be construed as creating any liability (other than for willful misconduct or gross negligence) of Lessor to pay any sum or to perform any covenant, either express or implied, in the this Lease, the Loan Agreementsaid Lessor shall be and hereby is entirely freed and relieved of all covenants and obligations of Lessor hereunder, and it shall be deemed and construed without further agreement between the Notes parties or their successors in interest, or between the parties and the purchaser at any such sale, or the successor to Lessor by reason of any assignment, transfer or other Operative Documents (conveyance of Lessor's interest in this Lease, that such purchaser or successor has assumed and agreed to perform all such liabilityof Lessor's obligations hereunder. The preceding sentence shall also be applicable to all successor lessors. Notwithstanding anything to the contrary provided in this Lease, if anyit is agreed that Lessor, being expressly waived by Lesseehis heirs, Participants and Administrative Agent) and that each Participant and each Administrative Agent, on behalf of itself and its successors and assigns, shall have absolutely no liability with respect to any of the terms, covenants and conditions of this Lease, and Lessee hereby expressly agrees in the case of any liability of Lessor hereunder or thereunder (except for such liability attributable to its willful misconduct or gross negligence) that it will shall look solely to those certain payments received under the Lease equity of Lessor or his successor(s) in interest in the leased Premises for the satisfaction of each and those certain proceeds every remedy of Lessee in the Property, provided, however, that Lessor shall in event of any event be liable with respect to (i) the removal of Lessor's Liens resulting from claims against or acts or breaches breach by Lessor or involving its gross negligence or willful misconduct or (ii) failure by such successor in interest of any of the terms, covenants and conditions of this Lease to turn over payments Lessor has received in respect of Basic Rent; and provided further that the foregoing be performed by Lessor, such exculpation of Lessor shall not be deemed personal liability to be exculpations of absolute and without any exception whatsoever. Lessee or any other Personcovenants that no execution shall be levied against Lessor, but only against the leased Premises, and all judgments shall be so indexed.

Liability of Lessor Limited. All payments to be made Except as otherwise expressly provided below in this SECTION 17.12, it is expressly understood and agreed by and between each Lessee, Lessor in respect of the Loans, the Notes and the Loan Agreement shall be made only from certain payments received under the Lease their respective successors and certain proceeds of the Property and only to the extent assigns that Lessor shall have received sufficient payments from such sources to make payments in respect of the Loans. Each Participant agrees that it will look solely to such sources of payments to the extent available for distribution to such Participant as nothing herein provided and that neither Lessor nor Administrative Agent is or shall be personally liable to any other Participant for any amount payable hereunder or under any Note. Nothing in the Loan Agreement, the Notes or any other Operative Document contained shall be construed as creating any liability (other than for willful misconduct or gross negligence) of Lessor to pay or any sum of its Affiliates or any of their respective officers, directors, employees or agents, individually or personally, for any failure to perform any covenant, either express or implied, in the Leasecontained herein, the Loan Agreement, the Notes or any other Operative Documents (all such 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, Participants and Administrative Agentthat, so far as Lessor or any of its Affiliates or any of their respective officers, directors, employees or agents, individually or personally, is concerned, each Lessee and any Person claiming by, through or under such Lessee shall look solely to the right, title and interest of Lessor in and to the Leased Properties and any proceeds from Lessor's sale or encumbrance thereof (PROVIDED, HOWEVER, that Lessee shall not be entitled to any double recovery) for the performance of any obligation under this Lease and that each Participant under the Operative Documents and each Administrative Agent, on behalf of itself and its successors and assigns, agrees in the case satisfaction of any liability of Lessor hereunder or thereunder arising therefrom (except for such liability attributable to its willful misconduct or gross negligence) other than that it will look solely to those certain payments received under the Lease and those certain proceeds of the Property, provided, however, that Lessor shall in any event be liable with respect to (i) the removal of resulting from Lessor's Liens resulting from claims against or acts or breaches by Lessor or involving its gross negligence or willful misconduct misconduct, except to the extent imputed to Lessor by virtue of any Lessee's action or failure to act). Notwithstanding the foregoing provisions of this SECTION 17.12, nothing contained herein shall be construed to prohibit enforcement of specific performance of Lessor's obligations hereunder or prevent recourse against Lessor (i) for Lessor's failure to convey the Leased Property to a Lessee in accordance with the provisions of this Lease, or to obtain a release of any Lien created pursuant to the Operative Documents or created by Lessor contrary to the provisions of this Lease, (ii) for Lessor's failure to turn over payments Lessor has received make its funds available to a Lessee in respect accordance with the Operative Documents as and when such Lessee is entitled to such funds, (iii) for Lessor's failure to make insurance proceeds or condemnation awards available to a Lessee as and when such Lessee is entitled to such amounts pursuant to the Operative Documents, (iv) for Lessor's breach of Basic Rent; any representations and provided further that warranties made by it in the foregoing exculpation Operative Documents, (v) for Lessor's failure to comply with the provisions of Lessor shall not be deemed to be exculpations Section 5.4 of Lessee the Master Agreement, or any other Person(vi) for fraud perpetrated by Lessor.