Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 20 contracts
Samples: Agreement (W2007 Grace Acquisition I Inc), Condor Hospitality Trust, Inc., Agreement (Supertel Hospitality Inc)
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership or any Partners for -39- 45 losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 10 contracts
Samples: Crescent Real Estate Equities Co, Crescent Real Estate Equities Co, Crescent Real Estate Equities Co
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 10 contracts
Samples: Limited Partnership Agreement (Highland Financial Partners, L.P.), Colonial Realty Limited Partnership, Colonial Properties Trust
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 10 contracts
Samples: Crescent Real Estate Equities Co, Crescent Real Estate Equities Co, Crescent Real Estate Equities Co
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner and its officers and directors shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission omission, if the General Partner acted in good faith; provided, however, the foregoing shall not be deemed to exculpate the Company from any liability the Company may have under the Acquisition Agreement.
Appears in 7 contracts
Samples: Mission West Properties Inc, Mission West Properties Inc, Mission West Properties Inc
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor the Gables Trust shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 5 contracts
Samples: Gables Realty Limited Partnership, Gables Realty Limited Partnership, Fourth (Gables Realty Limited Partnership)
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faithfaith and with due care and loyalty.
Appears in 4 contracts
Samples: Highwoods Properties Inc, Boddie Noell Properties Inc, Boddie Noell Properties Inc
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership or any Partners for -39- losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 3 contracts
Samples: Crescent Real Estate Equities Co, Crescent Real Estate Equities Co, Crescent Real Estate Equities Co
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, to the greatest extent permitted by applicable law, the General Partner shall not be liable for monetary damages to the Partnership or Partnership, any Partners for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if by the General Partner acted (whether in good faithfaith or otherwise).
Appears in 3 contracts
Samples: Gotham Golf Corp, Gotham Golf Corp, Gotham Golf Corp
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, the General Partner and its officers and directors shall not be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 3 contracts
Samples: Emergency Medical Services CORP, Emergency Medical Services CORP, STAT Healthcare, Inc.
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership or any Partners for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faithfaith and in a manner reasonably believed to be (i) within the scope of the authority granted by this Agreement and (ii) in the best interests of the Partnership.
Appears in 2 contracts
Samples: Registration Rights Agreement (Agree Realty Corp), Agree Realty Corp
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 2 contracts
Samples: Original Agreement (Felcor Lodging Trust Inc), Original Agreement (Felcor Lodging Trust Inc)
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faithfaith and with due care and loyalty.
Appears in 1 contract
Samples: Irt Property Co
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary or other damages to the Partnership Partnership, any of the Partners or any Partners assignee of any interest of any Partner for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faithfaith and was not guilty of any active and deliberate dishonesty with respect thereto.
Appears in 1 contract
Samples: Liberty Property Limited Partnership
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor any of its officers or directors shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner or such officer or director acted in such cases in good faith.
Appears in 1 contract
Samples: Berkshire Income Realty Inc
Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or of any act or omission if the General Partner acted in good faithfaith and without gross negligence.
Appears in 1 contract
Samples: Limited Partnership Agreement (Walden Residential Properties Inc)
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner and its officers, directors and shareholders shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith.
Appears in 1 contract
Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, the General Partner shall not be liable for monetary damages to the Partnership Partnership, any Partners or any Partners Assignees for losses sustained or liabilities incurred as a result of errors in judgment or of any act or omission if the General Partner acted in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances and in a manner the General Partner reasonably believes to be in the best interest of the Partnership.
Appears in 1 contract
Samples: Mid-America Apartments, L.P.