Common use of LIABILITY OF LESSOR Clause in Contracts

LIABILITY OF LESSOR. Provided that any purchaser assumes all of Lessor’s obligations hereunder in writing, in the event of any sale, transfer or conveyance by Lessor of the Premises, the seller shall be and hereby is entirely freed and relieved, released and discharged of all liabilities and obligations of Lessor hereunder which accrue from or after the date of such sale. It shall be deemed and construed, without further agreement between the parties or between the parties and the purchaser of the Premises, that such purchaser has assumed and agreed to carry out any and all covenants and obligations of Lessor hereunder from and after such date. Lessor shall not be liable for or responsible to Lessee for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair or alteration of any part of the Premises, the Building or the Project, or failure to make any such repairs. Lessee will not hold Lessor liable for injury or damage to person or property caused by other tenants or persons in the Building or the Project or resulting from the operation of the elevator, heating, ventilating or air-conditioning systems, or lighting apparatus, or from falling plaster or other materials or fixtures, or from steam, gas, electricity, water, rain or dampness which may leak or flow from any part of the Building, or from the pipes, appliances, or plumbing work of the same, or from any other place. All goods or property or personal effects stored or placed by the Lessee in or about the Building shall be at the sole risk of the Lessee. Notwithstanding anything to the contrary contained in this Lease, in the event of a breach by Lxxxxx of any of the terms, covenants and conditions of this Lease to be performed by Lessor, or if Lessor otherwise shall be liable to Lessee with respect to any matter related to or arising out of this Lease, it is specifically understood and agreed that the monetary liability of any Lessor hereunder shall be limited to the equity of Lessor in the Building. In the furtherance of the foregoing, Lxxxxx hereby agrees that any judgment it may obtain against Lessor (and any officers, shareholders or employees of Lessor) as a result of a breach of any of the terms, covenants or conditions hereof shall be enforceable solely against Lessor’s fee interest in the Project, and Lxxxxx (and any trustees, officers, shareholders or employees of Lessor) shall never be personally liable for such judgment. This Article shall not limit any right that Lessee may otherwise have to obtain injunctive relief against Lessor or Lxxxxx’s successor in interest, or to bring any other action not involving Lxxxxx’s personal liability for monetary damages.

LIABILITY OF LESSOR. Provided that any purchaser assumes all of Lessor’s obligations hereunder in writing, 13.1 Except as otherwise set forth in the event last sentence of any sale, transfer or conveyance by Lessor of the Premisesthis Section, the seller shall be Commons, its employees, trustees, agents and hereby is entirely freed and relieved, released and discharged of all liabilities and obligations of Lessor hereunder which accrue from or after others associated with the date of such sale. It shall be deemed and construed, without further agreement between the parties or between the parties and the purchaser of the Premises, that such purchaser has assumed and agreed to carry out any and all covenants and obligations of Lessor hereunder from and after such date. Lessor Commons shall not be liable for to Lessee, any Invitee or responsible to Lessee for any loss other person or damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or entity for any damage (including indirect and consequential damage), injury, loss or inconvenience claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoever, including, without limitation, interruption in the use of the Land; any accident or damage resulting from any use of the Land or the operation on the Land of equipment or apparatus; termination of this Lease by reason of damage to the Land; or any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty. If any condition exists which may arise through repair or alteration be the basis of any part a claim of constructive eviction, then Lessee shall give the PremisesCommons written notice thereof and a reasonable opportunity to correct such condition, the Building or the Project, or failure to make any such repairs. Lessee will not hold Lessor liable for injury or damage to person or property caused by other tenants or persons and in the Building interim Lessee shall not claim that it has been constructively evicted or the Project or resulting from the operation of the elevator, heating, ventilating or air-conditioning systems, or lighting apparatus, or from falling plaster or other materials or fixtures, or from steam, gas, electricity, water, rain or dampness which may leak or flow from any part of the Building, or from the pipes, appliances, or plumbing work of the same, or from any other placeis entitled to a rent abatement. All goods or Any property or personal effects stored or placed by Lessee or any Invitee on the Lessee in or about the Building Land shall be at the sole risk of Lessee, and the LesseeCommons shall not in any manner be held responsible therefor. Any person receiving an article delivered for Lessee shall be acting as Xxxxxx's agent for such purpose and not as the Commons' agent. Notwithstanding anything the foregoing provisions of this Section, the Commons shall not be released from liability to Lessee for any physical injury to any person or property damage caused by the gross negligence or willful misconduct of the Commons, its employees, trustees, agents, and others associated with the Commons to the contrary contained in this Leaseextent such injury or damage is not covered by insurance (a) carried by Lessee or such person, in the event of a breach or (b) required by Lxxxxx of any of the terms, covenants and conditions of this Lease to be performed carried by LessorLessee. 13.2 Except to the extent caused by the gross negligence or willful misconduct of the Commons, its employees, trustees, agents, and others associated with the Commons, Lessee shall reimburse the Commons, its employees and agents for (as additional rent), and shall indemnify, defend upon request and hold them harmless from and against all costs, damages, claims, liabilities, expenses (including attorneys' fees), losses, penalties and court costs suffered by or if Lessor otherwise shall be liable to Lessee with respect to any matter related to claimed against them, directly or indirectly, based on or arising out of, in whole or in part, (a) use and occupancy of the Land or the farming business conducted therein, (b) any act or omission of Lessee, its employees or agents or any Invitee, (c) any breach of Xxxxxx's obligations under this Lease, it including failure to comply with Laws or surrender the Land upon the expiration or earlier termination of the Lease Term, or (d) any entry by Lessee upon the Land prior to the Lease Commencement Date. 13.3 If Lessee or any Invitee is specifically understood and agreed that awarded a money judgment against the monetary liability Commons, then recourse for satisfaction of any Lessor hereunder such judgment shall be limited to execution against the equity of Lessor in the Building. In the furtherance of the foregoing, Lxxxxx hereby agrees that any judgment it may obtain against Lessor (Commons' estate and any officers, shareholders or employees of Lessor) as a result of a breach of any of the terms, covenants or conditions hereof shall be enforceable solely against Lessor’s fee interest in the ProjectLand. No other asset of the Commons, and Lxxxxx (and or any director, member, or officer, trustees, officers, shareholders agents and others associated with the Commons shall be available to satisfy or employees of Lessor) shall never be personally liable for subject to such judgment. This Article , nor shall not limit any right that Lessee may otherwise such person or entity be held to have to obtain injunctive relief against Lessor or Lxxxxx’s successor in interest, or to bring any other action not involving Lxxxxx’s personal liability for monetary damagessatisfaction of any such claim or judgment.

LIABILITY OF LESSOR. Provided that any purchaser assumes all of Lessor’s obligations hereunder in writing, in In the event of any sale, transfer or conveyance ------------------- by Lessor of the Premises, the seller shall be and hereby is entirely freed and relieved, released and discharged of all liabilities and obligations of Lessor hereunder which accrue from or after the date of such sale. It shall be deemed and construed, without further agreement between the parties or between the parties and the purchaser of the Premises, that such purchaser has assumed and agreed to carry out any and all covenants and obligations of Lessor hereunder from and after such date. Lessor shall not be liable for or responsible to Lessee for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair or alteration of any part of the Premises, the Building or the Project, or failure to make any such repairs. Lessee will not hold Lessor liable for injury or damage to person or property caused by other tenants or persons in the Building or the Project or resulting from the operation of the elevator, heating, ventilating or air-air- conditioning systems, or lighting apparatus, or from falling plaster or other materials or fixtures, or from steam, gas, electricity, water, rain or dampness which may leak or flow from any part of the Building, or from the pipes, appliances, or plumbing work of the same, or from any other place. All goods or property or personal effects stored or placed by the Lessee in or about the Building shall be at the sole risk of the Lessee. Notwithstanding anything to the contrary contained in this Lease, in the event of a breach by Lxxxxx Lessor of any of the terms, covenants and conditions of this Lease to be performed by Lessor, or if Lessor otherwise shall be liable to Lessee with respect to any matter related to or arising out of this Lease, it is specifically understood and agreed that the monetary liability of any Lessor hereunder shall be limited to the equity of Lessor in the Building. In the furtherance of the foregoing, Lxxxxx Lessee hereby agrees that any judgment it may obtain against Lessor (and any officers, shareholders or employees of Lessor) as a result of a breach of any of the terms, covenants or conditions hereof shall be enforceable solely against Lessor’s 's fee interest in the Project, and Lxxxxx Lessor (and any trustees, officers, shareholders or employees of Lessor) shall never be personally liable for such judgment. This Article shall not limit any right that Lessee may otherwise have to obtain injunctive relief against Lessor or Lxxxxx’s Lessor's successor in interest, or to bring any other action not involving Lxxxxx’s Lessor's personal liability for monetary damages.

LIABILITY OF LESSOR. Provided that any purchaser assumes all of Lessor’s obligations hereunder in writing, 16.1 Except in the event of Lessor's negligence or willful misconduct and subject to paragraph 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) any sale, transfer default by Lessee or conveyance by Lessor permitted assignee or subtenant hereunder; (b) any act or negligence of Lessee or any of the Premises, the seller shall be and hereby is entirely freed and relieved, released and discharged of Lessee Parties; and (c) all liabilities and obligations of Lessor hereunder which accrue from claims for damages to persons or after the date of such sale. It shall be deemed and construed, without further agreement between the parties or between the parties and the purchaser property by reason of the Premises, that such purchaser has assumed and agreed to carry out any and all covenants and obligations use or occupancy of Lessor hereunder from and after such datethe Premises not caused by Lessor. Lessor Lessee shall not be liable for to Lessor, or responsible to Lessee Lessor's agents, servants, employees, contractors, customers or invitees for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair or alteration of any part of the Premises, the Building or the Project, or failure to make any such repairs. Lessee will not hold Lessor liable for injury or damage to person or property caused by other tenants any act, omission or persons in the Building neglect of Lessor, its agents, servants or the Project employees. More over, Lessor shall not be liable for any damage, injury, destruction, or resulting from the operation theft to or of the elevatorPremises, heating, ventilating the personal property of Lessee or air-conditioning systems, or lighting apparatus, or from falling plaster or other materials or fixtures, or from steam, gas, electricity, water, rain or dampness which may leak or flow from any part of the Building, or from the pipes, appliances, or plumbing work of the same, or from any other place. All goods or property or personal effects stored or placed by the Lessee in or about the Building shall be at the sole risk of the Lessee. Notwithstanding anything to the contrary contained in this Lease, in the event of a breach by Lxxxxx of any of the termsLessee Parties, covenants and conditions Lessee, or any of this Lease the Lessee Parties arising from any use of the Premises, or any sidewalks, entranceways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise. 16.2 Lessee expressly agrees to be performed by look solely to Lessor's interest in the Property for the recovery of any judgment against Lessor, or if Lessor otherwise shall be liable to Lessee with respect to any matter related to or arising out of this Lease, it is specifically understood and being agreed that the monetary liability of any Lessor hereunder shall be limited to the equity of Lessor in the Building. In the furtherance of the foregoing, Lxxxxx hereby agrees that any judgment it may obtain against Lessor (and any officers, shareholders or employees of Lessor) as a result of a breach of any of the terms, covenants or conditions hereof shall be enforceable solely against Lessor’s fee interest in the Project, its partners and Lxxxxx (and any trustees, officers, shareholders or employees of Lessorshareholders) shall never be personally liable for any such judgment. This Article The provision contained in the foregoing sentence is not intended to, and shall not not, limit any right that Lessee may might otherwise have to obtain injunctive relief against Lessor or Lxxxxx’s successor in Lessor's successors-in-interest, or to bring any other action not involving Lxxxxx’s personal liability for monetary damages.

LIABILITY OF LESSOR. Provided Notwithstanding that joint or concurrent liability may be imposed upon Lessor by law, Lessee shall indemnify, defend and hold harmless Lessor and the Property, at Lessee's expense, against any purchaser assumes loss, cost, damage or expense (including attorneys' fees and court costs) relating to or as a result of (a) any default or failure to comply with the terms hereof (whether in connection with termination hereof or otherwise) by Lessee or any permitted sub-tenant hereunder; (b) any act or negligence of Lessee or its agents, contractors, employees, invitees or licensees; and (c) all of Lessor’s obligations hereunder in writing, in the event of any sale, transfer claims for damages to persons or conveyance property by Lessor reason of the Premises, the seller shall be and hereby is entirely freed and relieved, released and discharged of all liabilities and obligations of Lessor hereunder which accrue from use or after the date of such sale. It shall be deemed and construed, without further agreement between the parties or between the parties and the purchaser occupancy of the PremisesPremises not caused by Lessor. Moreover, that such purchaser has assumed and agreed to carry out any and all covenants and obligations of Lessor hereunder from and after such date. Lessor shall not be liable for any damage or responsible injury to Lessee for the Premises, Lessee's property, to Lessee, its agents, contractors, employees, invitees or licensees, arising from any loss use or damage to condition of the Property or the act or neglect of co-tenants or any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authorityother person, or the malfunction of any equipment or apparatus serving the Premises. Any and all claims against Lessor for any damage or inconvenience which may arise through repair or alteration of any part of the Premises, the Building or the Project, or failure referred to make any such repairs. Lessee will not hold Lessor liable for injury or damage to person or property caused in this Section 14 are hereby waived and released by other tenants or persons in the Building or the Project or resulting from the operation of the elevator, heating, ventilating or air-conditioning systems, or lighting apparatus, or from falling plaster or other materials or fixtures, or from steam, gas, electricity, water, rain or dampness which may leak or flow from any part of the Building, or from the pipes, appliances, or plumbing work of the same, or from any other place. All goods or property or personal effects stored or placed by the Lessee in or about the Building shall be at the sole risk of the Lessee. Notwithstanding anything contained herein to the contrary contained in this Leasecontrary, in the event of a breach by Lxxxxx of Lessor incurs any of the termsliability to Lessee hereunder, covenants and conditions of this Lease to be performed by Lessor, or if Lessor otherwise such liability shall be liable to Lessee with respect to any matter related to or arising satisfied only out of this LeaseLessor's interest in the Premises, it is specifically understood and being agreed that the monetary liability of any Lessor hereunder shall be limited to the equity of Lessor in the Building. In the furtherance of the foregoingLessor, Lxxxxx hereby agrees that any judgment it may obtain against Lessor its venturers, partners (individually and any as partners), shareholders, officers, shareholders or employees agents and employees, shall in all events be satisfied out of Lessor) as a result of a breach of any of the terms, covenants or conditions hereof shall be enforceable solely against Lessor’s fee 's interest in the Project, and Lxxxxx (and any trustees, officers, shareholders or employees of Lessor) shall never be personally liable for such judgment. This Article shall not limit any right that Lessee may otherwise have to obtain injunctive relief against Lessor or Lxxxxx’s successor in interest, or to bring any other action not involving Lxxxxx’s personal liability for monetary damagesPremises.