Liability of Owner. The Owner shall remain liable to perform all the obligations assumed by it in relation to the Mortgaged Property and the Mortgagee shall be under no obligation of any kind whatsoever in respect thereof or be under any liability whatsoever in the event of any failure by the Owner to perform its obligations in respect thereof.
Liability of Owner. Except as set forth in Section 4.7 (Penalties) of this Agreement, or as set forth in the ISO’s Tariffs, in no event shall Owner be liable to ISO for any incidental, consequential, multiple or punitive damages, loss of revenues or profits, attorneys fees or costs arising out of, or connected in any way with the performance or non-performance of this Agreement except to the extent Owner is found liable for gross negligence or willful misconduct.
Liability of Owner. If the owner complies with this chapter, the owner's liability to the lessee is limited to the application of the proceeds received from the sale of the property necessary to satisfy the lien. The owner's liability to other lienholders is limited to the proceeds received from the sale of any property covered by the other lien, less the amount necessary to satisfy the owner's lien. Any rental agreement entered before August 1, 2009, remains valid and may be enforced or terminated in accordance with its terms or as permitted by law.
Liability of Owner. If we violate this Lease, you waive any right to damages (and those of anyone else) which exceed our equity in the Apartment Community, but before you bring any action against us, you first have to give us written notice of the nature of our violation and allow us thirty (30) days to cure it.
Liability of Owner. Liability with respect to joint accounts shall be joint and several and each owner shall be fully liable for any amounts due BB&T Securities under this Account Agreement. You further agree that in the event of the death of either or any party to the Joint Account, the survivor(s) shall immediately provide BB&T Securities written notice thereof, and BB&T Securities may, before or after receiving notice, institute proceedings, require certain documents and inheritance or estate tax waivers, retain such portion of and/or restrict transactions in the Joint Account as BB&T Securities may deem advisable to protect itself against any tax liability, penalty or loss under any present or future laws or otherwise. The estate of any party to the Joint Account who died shall be liable, and each survivor shall continue to be liable jointly and severally, to BB&T Securities for any debit balance or loss in said account.
Liability of Owner. (a) Pursuant to Section 3803(a) of the Statutory Trust Statute, the Trust Depositor as Owner shall be liable directly to and will indemnify any injured party or any other creditor of the Trust for all losses, claims, damages, liabilities and expenses of the Trust to the extent that the Owner would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Owner were a general partner; provided, however, that the Owner shall not be liable for any losses incurred by the Equity Certificateholder in the capacity of an investor in the Equity Certificate or a Noteholder in the capacity of an investor in the Notes; and provided further, that the Owner shall not be so liable to any injured party or other creditor if such party has agreed that its recourse against the Trust for any obligation or liability of the Trust to such party shall be limited to the assets of the Trust. In addition, any third party creditors of the Trust (other than in connection with the obligations described in the immediately preceding sentence for which the Owner shall not be liable) shall be deemed third party beneficiaries of this paragraph.
(b) No Owner, other than to the extent set forth in Section 2.07(a), shall have any personal liability for any liability or obligation of the Trust or by reason of any action taken by the parties to this Agreement pursuant to any provisions of this Agreement or any other Transaction Document.
Liability of Owner. No owner of the property of which the leased premises are a part shall be liable hereunder except for breaches of the LESSOR'S obligations occurring during the period of such ownership. The obligations of the LESSOR shall be binding upon the LESSOR'S interest in said property, but not upon other assets of the LESSOR, and no individual partner, agent, trustee, stockholder, officer, director, employee or beneficiary of the LESSOR shall be personally liable for performance of the LESSOR'S obligations hereunder.
Liability of Owner. A. No person, firm or corporation, other than the Contractor who signed this Contract as such, shall have any interest herein or right hereunder. No claim shall be made or be valid either against the Owner or any agent of the Owner and neither the Owner nor any agent of the Owner shall be liable for or be held to pay any money, except as herein provided. The acceptance by the Contractor of the payment as fixed in the final estimate shall operate as and shall be a full and complete release of the Owner and of every agent of the Owner of and from any and all claims, demands, damages and liabilities of, by or to the Contractor for anything done or furnished for or arising out of or relating to or by reason of the Work or for or on account of any act or neglect of the Owner or of an agent of the Owner or of any other person, arising out of, relating to or by reason of the Work, except the claim against the Owner for the unpaid balance, if any there be, of the amounts retained as herein provided.
Liability of Owner. The Owner shall not be responsible for the loss of or damage to property, or injury to persons, occurring in or about the demised premises, by reason of any existing or future condition, defect, matter or thing in said demised premises or the property of which the premises are a part, or for the acts, omissions or negligence of other persons or tenants in and about the said property. The Tenant agrees to indemnify and save the Owner harmless from all claims and liability for losses of or damage to property, or injuries to persons occurring in or about the demised premises.
Liability of Owner. To the fullest extent permitted by applicable Law but subject to Section 16.7 below, during the Term, none of Owner or any of its Affiliates shall be liable for any injury or damage to (a) any property of Manager or any other Person occurring on or about the Premises, or (b) any Person occurring on or about the Premises, unless caused by Owner's willful misconduct, gross negligence or breach of this Agreement; provided, however, that notwithstanding whether the injury or damage is caused by any act or failure to act of any Indemnitee, neither Owner, nor any Indemnitee shall have any liability for any injury or damage for which Manager would have been reimbursed under policies of insurance required by the terms of this Agreement to be maintained by Manager (i) had Manager not failed to procure or maintain such policies of insurance or (ii) had Manager not failed to procure or maintain such policies of insurance with at least the limits herein specified. Owner's right to enter and inspect the Premises is intended solely to allow Owner to ascertain whether Manager is complying with this Agreement and (to the extent this Agreement allows) to cure any Default. Such provisions shall not impose upon Owner any liability to third parties, but nothing in this Agreement shall be construed to exculpate, relieve, or Indemnify Owner from or against any liability of Owner: (y) to third parties existing at or before the Commencement Date; or (z) arising from Owner's intentional acts or omissions or negligence.
