Limitation of Landlord Liability. Redress for any claims against Landlord under the Lease and this Amendment shall only be made against Landlord to the extent of Landlord’s interest in the property to which the Premises are a part, the rents, issues and proceeds thereof. The obligations of Landlord under the Lease and this Amendment shall not be personally binding on, nor shall any resort be had to the private properties of, any of its trustees or board of directors and officers, as the case may be, the general partners thereof or any beneficiaries, stockholders, employees or agents of Landlord, or the investment manager, and in no case shall Landlord be liable to Tenant, or Tenant be liable to Landlord, hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages.
Limitation of Landlord Liability. Redress for any claim against Landlord under this Amendment and the Lease shall be limited to and enforceable only against and to the extent of Landlord’s interest in the Building. The obligations of Landlord under this Amendment and the Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of, any of its or its investment manager’s trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or agents, and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages.
Limitation of Landlord Liability. Any claim, demand or right of any kind by Tenant which is based upon or arises in connection with this Lease shall be barred unless Tenant commences an action thereon within twelve (12) months after the date that Tenant discovers or, in the exercise of reasonable diligence, should have discovered, the act, omission, event or default upon which the claim, demand or right in question arises, has occurred. In consideration of the benefits accruing hereunder, Tenant and all successors and assigns covenant and agree that, in the event of any actual or alleged breach or default hereunder by Landlord:
i. the sole and exclusive remedy and source of recovery for any judgment or award shall be against Landlord's interest in the Leased Premises;
ii. no limited partner, member, shareholder or other owner of Landlord (excepting general partners) (collectively, "LANDLORD OWNER") shall be sued or named as a party in any suit or action (except as may be necessary to secure jurisdiction of the partnership);
iii. no service of process shall be made against any Landlord Owner (except as may be necessary to secure jurisdiction of Landlord);
iv. no Landlord Owner shall be required to answer or otherwise plead to any service of process;
v. no judgment will be taken against any Landlord Owner;
vi. any judgment taken against any Landlord Owner may be vacated and set aside at any time without hearing;
vii. no writ of execution will ever be levied against the assets of any Landlord Owner;
viii. in no event shall Landlord be liable to Tenant for punitive, special, indirect or consequential damages; and
ix. these covenants and agreements are enforceable both by Landlord and also by any Landlord Owner. Tenant agrees that each of the foregoing covenants and agreements shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by statute or at common law.
Limitation of Landlord Liability. Neither Landlord nor any Landlord Related Party shall have any personal liability with respect to any of the provisions of the Lease, or the Premises. If Landlord is in breach or default with respect to Landlord’s obligations under the Lease, Tenant shall look solely to the equity interest of Landlord in the Building for the satisfaction of Xxxxxx’s remedies or judgments. No other real, personal, or mixed property of any Landlord Related Parties, wherever situated, shall be subject to levy to satisfy such judgment. Upon any Transfer of Landlord’s interest in this Lease or in the Project, the transferring Landlord shall have no liability or obligation for matters arising under this Lease from and after the date of such Transfer, provided the transferee assumes all such liabilities and obligations effective upon such Transfer.
Limitation of Landlord Liability. Any liability of Landlord to Tenant under this Lease (including all persons and entities that comprise Landlord, and any successor landlord) and any recourse by Tenant against Landlord shall be limited to the equity interest of Landlord and Landlord's successors in interest in and to the Building and Property. On behalf of itself and all persons claiming by, through, or under Tenant, Tenant expressly waives and releases Landlord from any personal liability for breach of this Lease. Notwithstanding any other provision of this Lease, Landlord shall not be liable for any consequential damages of any kind (including lost economic opportunities, lost profits, lost proceeds and similar types of damages), nor shall Landlord be liable for loss of or damage to artwork, currency, jewelry, unique or valuable documents, securities, instruments, electronics or other valuables, or for other property not in the nature of ordinary fixtures, furnishings and equipment used in general administrative and office activities and functions, which may result from any default of the Lease by the Landlord or any action, omission, negligence or misconduct of the Landlord in connection with the Property. Whenever in this Lease Tenant (a) releases Landlord from any claim or liability, (b) waives or limits any right of Tenant to assert any claim against Landlord or to seek recourse against any property of landlord or (c) agrees to indemnify Landlord against any matters, the relevant release, waiver, limitation or indemnity shall run in favor of and apply to Landlord, its agents, its lenders, the constituent partners, members, shareholders or other owners of Landlord or its agents, and the directors, officers, and employees of Landlord and its agents and each such constituent partner, member, shareholder or other owner.
Limitation of Landlord Liability. No Landlord Related Party shall have any personal liability with respect to any of the provisions of the Lease, or the Premises. If Landlord is in breach or default with respect to Landlord’s obligations under the Lease, Tenant shall look solely to the amount of the equity interest of Landlord in the Project, including rent, insurance, condemnation and sales proceeds, for the satisfaction of Tenant’s remedies or judgments. No other real, personal, or mixed property of any Landlord Related Parties, wherever situated, shall be subject to levy to satisfy such judgment. Upon any Transfer of Landlord’s interest in this Lease or in the Project, and the written assumption of such transfer of Landlord’s obligations hereunder by the transferee, the transferring Landlord shall have no liability or obligation for matters arising under this Lease from and after the date of such Transfer.
Limitation of Landlord Liability. Redress for any claims against Landlord under the Lease and this First Amendment shall only be made against Landlord to the extent of Landlord’s interest in the property to which the Premises are a part. The obligations of Landlord under the Lease and this First Amendment shall not be personally binding on, nor shall any resort be had to the private properties of, any of its trustees or board of directors and officers, as the case may be, the general partners thereof or any beneficiaries, stockholders, employees or agents of Landlord, or the investment manager.
Limitation of Landlord Liability. The liability of Landlord to tenant for any default by Landlord under the terms of this Lease shall be limited to the interest of Landlord in the Building and the Land, and Landlord shall not be personally liable for any deficiency. This clause shall not be deemed to limit or deny any remedies which Tenant may have in the event of default by Landlord hereunder which do not involve the personal liability of Landlord. Notwithstanding anything to the contrary contained in this Lease, in the event Landlord sells, assigns, transfers or conveys its interest in the Land, Landlord shall have no liability for any acts or omissions that occur after the date of said sale, assignment, transfer or conveyance.
Limitation of Landlord Liability. In no event shall Landlord be liable to Tenant for any failure of other tenants in the Building to operate their businesses, or for any loss or damage that may be occasioned by or through the acts or omissions of other tenants. Notwithstanding anything to the contrary provided in this Lease, neither Landlord, nor any general or limited partner in or of Landlord, whether direct or indirect, nor any direct or indirect partners in such partners, nor any disclosed or undisclosed officers, shareholders, principals, directors, employees, partners, servants or agents of Landlord, nor any of the foregoing, nor any investment adviser or other holder of any equity interest in Landlord, their successors, assigns, agents, or any mortgagee in possession shall have any personal liability with respect to any provisions of this Lease and, if Landlord is in breach or default with respect to its obligations or otherwise, Tenant shall look solely to Landlord's interest in the Building and Parking Lot for the satisfaction of Tenant's remedies.
Limitation of Landlord Liability. Landlord shall have no liability to Tenant on account of any temporary failure, modification or interruption of any service to the Building or Premises which arises out of any act of God, which is required by applicable law or is otherwise beyond Landlord's reasonable control.
