Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of the General Partner nor any of its partners, members, directors, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts in good faith.
Appears in 28 contracts
Samples: Agreement (MPT of West Anaheim, LLC), Agreement (MPT of West Anaheim, LLC), Agreement (MPT of West Anaheim, LLC)
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of neither the General Partner Partner, nor any of its partners, members, directors, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner any such party acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 23 contracts
Samples: Original Agreement (Agree Realty Corp), Agreement (Alpine Income Property Trust, Inc.), Original Agreement (Priam Properties Inc.)
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of the General Partner nor any of its partners, members, directors, officers, agents or employees no Indemnitee shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner any such party acted in good faith. The Notwithstanding any provision of this Agreement or otherwise applicable provision of law or equity, the General Partner shall not be in breach of any duty (fiduciary or otherwise) that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under bound by this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 17 contracts
Samples: Agreement (New York City REIT, Inc.), Original Agreement (Global Net Lease, Inc.), Recitals (American Realty Capital Trust V, Inc.)
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of neither the General Partner Partner, nor any of its partners, members, directorsDirectors, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner any such party acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 11 contracts
Samples: Agreement (CapRocq Core REIT, Inc.), Agreement (CapRocq Core REIT, Inc.), Agreement (Medalist Diversified REIT, Inc.)
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of neither the General Partner Partner, nor any of its partners, members, directorstrustees, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner any such party acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 9 contracts
Samples: Agreement (Physicians Realty Trust), Physicians Realty Trust, Pebblebrook Hotel Trust
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of the General Partner Partner, the Company, nor any of its partners, members, their directors, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 7 contracts
Samples: Medical Properties Trust Inc, Highland Hospitality Corp, Eagle Hospitality Properties Trust, Inc.
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of neither the General Partner nor any of its partners, members, directorstrustees, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or sustained, liabilities incurred or benefits not derived as a result of errors in judgment or judgment, mistakes of fact or law or of any act or omission if the General Partner acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 3 contracts
Samples: Capital Lodging, Capital Lodging, First Potomac Realty Trust
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of neither the General Partner Partner, nor any of its partners, membersAffiliates, directors, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner any such party acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided that the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Generation Income Properties, Inc.), Reven Housing REIT, Inc.
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of the General Partner Partner, the Company, nor any of its partnerstheir directors, officers, members, directors, officersmanagers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 1 contract
Samples: Midlantic Office Trust, Inc.
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of the General Partner nor any of its partners, members, directors, officers, agents or employees shall not be liable for monetary or other damages to the Partnership Partnership, any of the Partners or any Partners Assignees for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner acted or did not act in good faith. The faith and such action or inaction was not the result of intentional misconduct, a knowing violation of law, or a transaction for which the General Partner shall not be received a personal benefit that was in violation or breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under provision of this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts in good faithAgreement.
Appears in 1 contract
Samples: Strategic Timber Trust Inc
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of the General Partner nor any of its partners, members, directors, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, Partner acts in good faith.
Appears in 1 contract
Samples: Agreement (MPT of West Anaheim, LLC)
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of the General Partner nor or any of its partners, membersofficers, directors, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 1 contract
Samples: Agreement (Columbia Property Trust Operating Partnership, L.P.)
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, none of neither the General Partner Partner, nor any of its partnersdirectors, trustees, officers, managers, members, directors, officers, agents or employees shall be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission if the General Partner any such party acted in good faith. The General Partner shall not be in breach of any duty that the General Partner may owe to the Limited Partners or the Partnership or any other Persons under this Agreement or of any duty stated or implied by law or equity provided the General Partner, acts acting in good faith, abides by the terms of this Agreement.
Appears in 1 contract
Samples: Ellington Residential Mortgage REIT