Common use of Limitation of Landlord Liability Clause in Contracts

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.

Appears in 2 contracts

Samples: Office / R&d Lease (Improvenet Inc), Office / R&d Lease (Kana Communications Inc)

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Limitation of Landlord Liability. Any liability In consideration of Landlord the benefits accruing under this Lease, and notwithstanding anything contained in this Lease to the contrary, Tenant and all successors and assigns covenant and agree that, in the event of any actual or alleged failure, breach or default under this Lease by Landlord or in the event of any other action against Landlord with respect to this Lease, their sole and exclusive remedy shall be against Landlord’s interest in the Premises. Tenant and all such successors and assigns agree that the obligations of Landlord under this Lease do not constitute personal obligations of Landlord (including all persons beyond Landlord’s interest in the Premises) or any of Landlord’s trustees, beneficiaries, partners (whether general or limited), members, directors, officers, shareholders, employees, agents or investment managers. If Tenant obtains any money judgment against Landlord with respect to this Lease or the relationship between Landlord and entities that comprise Tenant, then Tenant shall look solely to Landlord’s interest in the Premises to collect such judgment, and Tenant shall not collect or attempt to collect any successor landlord) and such judgment out of, or seek recourse against, any recourse by Tenant against Landlord shall be limited to the equity interest other assets of Landlord and (beyond Landlord's successors in ’s interest in and to the Building and Property. On behalf of itself and all persons claiming by, throughPremises), or under TenantLandlord’s trustees, Tenant expressly waives and releases Landlord from beneficiaries, partners (whether general or limited), members, directors, officers or shareholders or any of their personal assets for satisfaction of any liability for breach of with respect to this Lease. Notwithstanding any other contrary provision of contained in this Lease, neither Landlord shall not be liable for nor any consequential damages of any kind Landlord’s trustees, beneficiaries, partners (including lost economic opportunities, lost profits, lost proceeds and similar types of damageswhether general or limited), 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, directors, officers or shareholders nor any of their respective employees, agents or contractors shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Txxxxx’s business, including but not limited to, loss of profits, loss of rents or other owners revenues, loss of Landlord business opportunity, loss of goodwill or its agentsloss of use, and the directorsin each case, officers, and employees of Landlord and its agents and each such constituent partner, member, shareholder or other ownerhowever occurring.

Appears in 1 contract

Samples: Ground Lease (XCF Global Capital, Inc.)

Limitation of Landlord Liability. Any liability In consideration of Landlord the benefits accruing under this Lease, and notwithstanding anything contained in this Lease to the contrary, Tenant and all successors and assigns covenant and agree that, in the event of any actual or alleged failure, breach or default under this Lease by Landlord or in the event of any other action against Landlord with respect to this Lease, their sole and exclusive remedy shall be against Landlord’s interest in the Premises. Tenant and all such successors and assigns agree that the obligations of Landlord under this Lease do not constitute personal obligations of Landlord (including all persons beyond Landlord’s interest in the Premises) or any of Landlord’s trustees, beneficiaries, partners (whether general or limited), members, directors, officers, shareholders, employees, agents or investment managers. If Tenant obtains any money judgment against Landlord with respect to this Lease or the relationship between Landlord and entities that comprise Tenant, then Tenant shall look solely to Landlord’s interest in the Premises to collect such judgment, and Tenant shall not collect or attempt to collect any successor landlord) and such judgment out of, or seek recourse against, any recourse by Tenant against Landlord shall be limited to the equity interest other assets of Landlord and (beyond Landlord's successors in ’s interest in and to the Building and Property. On behalf of itself and all persons claiming by, throughPremises), or under TenantLandlord’s trustees, Tenant expressly waives and releases Landlord from beneficiaries, partners (whether general or limited), members, directors, officers or shareholders or any of their personal assets for satisfaction of any liability for breach of with respect to this Lease. Notwithstanding any other contrary provision of contained in this Lease, neither Landlord shall not be liable for nor any consequential damages of any kind Landlord’s trustees, beneficiaries, partners (including lost economic opportunities, lost profits, lost proceeds and similar types of damageswhether general or limited), 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, directors, officers or shareholders nor any of their respective employees, agents or contractors shall be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Xxxxxx’s business, including but not limited to, loss of profits, loss of rents or other owners revenues, loss of Landlord business opportunity, loss of goodwill or its agentsloss of use, and the directorsin each case, officers, and employees however occurring. Ground Lease Hall of Landlord and its agents and each such constituent partner, member, shareholder or other owner.Fame Village

Appears in 1 contract

Samples: Ground Lease (Hall of Fame Resort & Entertainment Co)

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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 agentsagents (including Managing Agent), 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.

Appears in 1 contract

Samples: Office / R&d Lease (Cacheflow Inc)

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