Common use of Limitation of Landlord’s Liability Clause in Contracts

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 12 contracts

Samples: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)

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Limitation of Landlord’s Liability. 35.1. If The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of the Property, and in the event of any transfer or transfers of title to said property, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement of all liability as respects the performance of any covenants or obligations on the part of the Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord, shall, subject as aforesaid, be binding on the Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership of said leasehold interest or fee, as the case may be. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s right, title or assets other than Landlord’s interest in the Building Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or the Project. 35.2. claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordliability. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 10 contracts

Samples: Purchase and Sale Agreement, Lease Agreement (Infraredx Inc), Purchase and Sale Agreement (Cynosure Inc)

Limitation of Landlord’s Liability. 35.1The obligations of Landlord under the Lease as amended by this Amendment do not constitute personal obligations of the individual partners, members, directors, officers, shareholders, trustees or beneficiaries of Landlord, and Tenant shall not seek recourse against the partners, members, directors, officers, shareholders, trustees or beneficiaries of Landlord, or any of their personal assets for satisfaction of any liability with respect to the Lease as amended by this Amendment. If In the event of any default by Landlord is in default under the Lease as amended by this Lease andAmendment, as a consequence, Tenant recovers a monetary judgment Tenant’s sole and exclusive remedy shall be against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and ’s interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by on which it is located. The provisions of this paragraph are not designed to relieve Landlord from the saleperformance of any of its obligations hereunder, financingbut rather to limit Landlord’s liability in the case of the recovery of a judgment against it, refinancing as aforesaid, nor shall any of the provisions of this paragraph be deemed to limit or otherwise affect Tenant’s right to obtain injunctive relief or specific performance or availability of any other right or remedy which may be accorded Tenant by law or the Lease. In the event of sale or other disposition of all or any part transfer of Landlord’s right, title or and interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint ventureBuilding, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued released from all liability and obligations thereafter accruing under the Lease as amended by this Amendment; provided, that this paragraph shall inure to the benefit of any such purchaser or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordtransferee. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 7 contracts

Samples: Lease Amendment (Mesa Air Group Inc), Lease (Digitalglobe, Inc.), Lease Agreement (Wells Real Estate Fund Xiii L P)

Limitation of Landlord’s Liability. 35.131.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.231.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.331.3. Each of the covenants and agreements of this Article Section 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 7 contracts

Samples: Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of the Property, and in the event of any transfer or transfers of title to said property, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement of all liability as respects the performance of any covenants or obligations on the part of the Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord, shall, subject as aforesaid, be binding on the Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership of said leasehold interest or fee, as the case may be. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s right, title or assets other than Landlord’s interest in the Building Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or the Project. 35.2. claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, managers, members or stockholders of Landlord) ever be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordliability. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 5 contracts

Samples: Office Lease (Trine Acquisition Corp.), Office Lease (Lemaitre Vascular Inc), Office Lease (Avedro Inc)

Limitation of Landlord’s Liability. 35.1The obligations of Landlord hereunder shall be binding upon Landlord and each succeeding owner of Landlord’s interest hereunder only during the period of such ownership, and Landlord and each succeeding owner shall have no liability whatsoever except for its obligations during each such respective period. If Tenant hereby agrees for itself and each succeeding holder of Tenant’s interest, or any portion thereof, hereunder, that any judgment, decree or award obtained against Landlord or any succeeding owner of Landlord’s interest, which is in default under any manner related to this Lease and, as a consequence, Tenant recovers a monetary judgment against LandlordLease, the judgment Premises or Tenant’s use and occupancy of the Premises or the Common Areas, or the remainder of Landlord’s Property, whether at law or in equity, shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest equity in the Building land and buildings then comprising Landlord’s Property owned by Landlord to the extent then owned by Landlord and the proceeds from Landlord’s Property and such succeeding owner, and further agrees to look only to such assets and to no other assets of Landlord, or such succeeding owner, for satisfaction. Except in the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord event such Person is a partnership or joint venture, then the partners guarantor of such partnership shall not be personally liable for LandlordTenant’s obligations under this Lease, and no partner Person executing this Lease on behalf of Landlord shall be sued or named as a party in Tenant, nor any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholderor any officer, director, employee, member member, trustee, beneficiary, or agent other owner of Landlord or Tenant, nor of any subsequent Landlord or Tenant shall be required have any personal liability hereunder. The remedies provided to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained Tenant in this Lease are exclusive, and Landlord will not be liable under any theory of recovery, whether based on contract, tort or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Leaseotherwise.

Appears in 4 contracts

Samples: Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.)

Limitation of Landlord’s Liability. 35.131.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectPremises, (b) rent or other income from such real property receivable by Landlord or and/or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or Premises. Notwithstanding the Projectforegoing, the foregoing limitation shall not apply to any default by Landlord of its obligation to convey the Property to Tenant following Tenant’s exercise of its Purchase Option. 35.231.2. Except as described in Section 31.1, Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or actionaction relating to the obligations of Landlord under this Lease, and service of process shall not be made against any partner of Landlord relating to the obligations of Landlord under this Lease except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord, relating to the obligations of Landlord under this Lease. 35.331.3. Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 4 contracts

Samples: Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc)

Limitation of Landlord’s Liability. 35.1. 36.1 If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) insurance proceeds, condemnation awards, and rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.2. 36.2 Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, Leases and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If , if Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.3. 36.3 Each of the covenants and agreements of this Article 36 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of the Property, and in the event of any transfer or transfers of title to said property, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement of all liability as respects the performance of any covenants or obligations on the part of the Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord, shall, subject as aforesaid, be binding on the Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership of said leasehold interest or fee, as the case may be. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s right, title or assets other than Landlord’s interest in the Building Property and in the rents, issues and proceeds thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or the Project. 35.2. claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordliability. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Avid Technology, Inc.), Office Lease (Avid Technology, Inc.), Office Lease (Avid Technology, Inc.)

Limitation of Landlord’s Liability. 35.1. 32.1 If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent rent, insurance proceeds or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.2. 32.2 Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.3. 32.3 Each of the covenants and agreements of this Article 32 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Premises, and the Project, (b) out of rent or other income from such real property the Premises receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s right, title or title, and interest in the Building or the Project. 35.2Premises. Neither Landlord nor Landlord’s Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or partnership, joint venture, then or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable for Landlord’s obligations under this Leaseliable, and no partner or member of Landlord (or of any affiliated entity) shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership or partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Leaseliable, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, member, shareholder, director, employee, member or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, member shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Single Tenant Absolute Net Lease (Guilford Pharmaceuticals Inc), Single Tenant Absolute Net Lease (Guilford Pharmaceuticals Inc), Lease (Nuvelo Inc)

Limitation of Landlord’s Liability. 35.1. If Redress for any claim against Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied limited to and enforceable only out of (a) against and to the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part extent of Landlord’s right, title or interest in the Building or the Project. 35.2Building, including all rents and proceeds with respect thereto. The obligations of Landlord under this Lease are not intended to be and shall not be personally liable for binding on, nor shall any deficiency under this Lease. If Landlord is a partnership resort be had to the private properties of any of its or joint venture, then the partners of such partnership shall not be personally liable for Landlordits investment manager’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholderstrustees, directors, officers, employees and agents partners, beneficiaries, members, stockholders, employees, or agents. In no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of such corporation special, indirect or consequential damages. Except as otherwise provided in this Lease, Tenant shall not be personally liable to Landlord for any lost profits, damage to business, or any form of special, indirect or consequential damages. SDCO GATEWAY COMMERCE I & II, INC., a Delaware corporation By: RREEF Management Company, a Delaware corporation, its Authorized Agent By: Name: Xxx Xxxxxxxx Title: VP, Regional Director Dated: 7/5, 2006 REATA PHARMACEUTICALS, INC., a Delaware corporation By: Name: J. Xxxxxx Xxxx Title: CEO Dated: 6/30, 2006 EXHIBIT A – FLOOR PLAN DEPICTING THE PREMISES attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. GATEWAY COMMERCE 0000 XXXXXXX XX., XXXXXX, XX 00000 LOCATION MAP KEY PLAN SUITE: 150 SF:14,419 DATE: 4/28/05 RREEF Real Estate Investment Managers EXHIBIT A-1 – SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of May 25, 2006 between SDCO GATEWAY COMMERCE I & II, INC., as Landlord and REATA PHARMACEUTICALS, INC., as Tenant Exhibit A-1 is intended only to show the general layout of the Premises as of the beginning of the Term of this Lease. It does not in any way supersede any of Landlord’s rights set forth in Article 17 with respect to arrangements and/or locations of public parts of the Building and changes in such arrangements and/or locations. It is not to be scaled; any measurements or distances shown should be taken as approximate. Health Vision Inc. XXXXXX XXXXXX VACANT AUSTIN BRIDGE GATEWAY COMMERCE I 0000 XXXXXXXXX XXXXX XXXXXX, XX 00000 DATE: 03/08/05 ENTOS DESIGN Vishay Intertechnology, Inc. vacant Expansion space vacant coldwell vacant GATEWAY COMMERCE II 0000 XXXXXXX XXXXX XXXXXX, XX 00000 DATE:03/08/05 ENTOS DESIGN Tenant shall take the Premises in its “as-is” condition except for certain Leasehold Improvements (herein so called) to the Premises which shall be completed in accordance with the terms of this Exhibit B. Tenant agrees to submit to Landlord the plans and specifications for the Leasehold Improvements for Landlord’s obligations under this Leaseapproval, including, without limitation, final architectural drawings, at Tenant’s sole cost and no shareholder, director, officer, employee or agent of expense. The plans and specifications including all changes required by Landlord shall be sued referred to herein as the “Approved Plans”. Both Landlord and Tenant agree that this Lease shall be executed subject to satisfactory approval of the Approved Plans by Landlord and Tenant within five (5) business days from signature of this Lease Agreement. Landlord shall complete the Leasehold Improvements by hiring a contractor reasonably approved by Tenant to install or named as a party construct the Leasehold Improvements in accordance with the Approved Plans. Landlord agrees to provide Tenant an allowance equal to $10.00 per square foot of the Premises (the “Improvement Allowance”), which allowance is to be used solely for the completion of the Leasehold Improvements by Landlord. Use of the Improvement Allowance is expressly conditioned upon completion of all the Leasehold Improvements in accordance with the Approved Plans. Tenant shall be liable for any suit additional costs over the Improvement Allowance to complete the Leasehold Improvements in accordance with the Approved Plans. If the cost of the Leasehold Improvements is less than the Improvement Allowance, then Tenant may use such excess, but no more than $2.00 per square foot of the Premises, for (i) any architectural drawings and plans pertaining to the Premises, wiring, cabling and signage in or action, about the Premises necessary for the operation of Tenant’s business within the Premises and service (ii) any direct moving costs of process Tenant’s furniture and fixtures into the Premises (“Premises Costs”). Any remaining portion of the Improvement Allowance shall not be made against any shareholder, director, officer, employee or agent the property of Landlord. Landlord shall reimburse Tenant for the Premises Costs up to the amount set forth above within thirty (30) days after Tenant’s submission to Landlord of invoices reasonably satisfactory to Landlord aggregating the amount of the request and paid by Tenant in connection with the Premises Costs together with any appropriate lien waivers. The documents prepared by Page Xxxxxxxxxxx dated reference two phases of construction. The Phase I will be the construction of Leasehold Improvements by Landlord, while the Phase II will be, in part, the construction of the laboratory by Tenant The parties hereby agree that Landlord will charge Tenant a construction management the not to exceed four percent (4%) of the costs of the Leasehold Improvements in connection with the first phase of construction; however, Landlord will only charge Tenant a construction management the of one percent (1%) of the costs of the construction of the laboratory on the Premises by Tenant pursuant to the second phase of construction. Landlord represents and warrants that, as of the Commencement Date, the HVAC in the Premises is in good working order and repair. Further, Landlord shall warrant the HVAC in the Premises for the period of one (1) year after the Commencement Date. If any defects exist or arise in the HVAC in the Premises within one (1) year after the Commencement Date, Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for replace or repair same at Landlord’s obligations under this Leasesole cost and election, unless such defect is caused by the act or neglect of Tenant. THIS MEMORANDUM, made as of , 20 , by and no member of Landlord shall be sued or named as a party in any suit or action, between (“Landlord”) and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord(“Tenant”). 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Reata Pharmaceuticals Inc), Lease (Reata Pharmaceuticals Inc)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord”, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of Landlord’s interest in the Property, and in the event of any transfer or transfers of such title to said property, Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or shall, subject as aforesaid, be binding on Landlord, its successors and assigns, only during and in respect of their respective period of ownership of such interest in the Building or the Project. 35.2Property. Landlord Tenant shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Property, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord ever be personally liable for any deficiency under this Leasesuch liability. If Landlord is a partnership or joint ventureTenant furthermore agrees that no trustee, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholderofficer, director, officergeneral or limited partner, member, shareholder, beneficiary, employee or agent of Landlord (including any person or entity from time to time engaged to supervise and/or manage the operation of Landlord) shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead held to any service liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation of processany kind (in tort, and no judgment shall be contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or writ of execution levied against any partner, shareholder, director, employee, member omitted for or agent on behalf of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (AxoGen, Inc.), Lease Agreement (AxoGen, Inc.)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord”, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of Landlord’s interest in the Property, and in the event of any transfer or transfers of such title to said property, Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or shall, subject as aforesaid, be binding on Landlord, its successors and assigns, only during and in respect of their respective period of ownership of such interest in the Building Property. Notwithstanding the foregoing, in no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to Landlord, be treated as an assumption by operation of law or the Project. 35.2otherwise, of Landlord’s obligations hereunder. Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. The seller-lessee, and its successors in title, shall be Landlord hereunder unless and until such purchaser expressly assumes in writing Landlord’s obligations hereunder. Tenant shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Property, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord ever be personally liable for any deficiency under this Leasesuch liability. If Landlord is a partnership Tenant furthermore agrees that no trustee, COMMERCIAL LEASE (MASTER SUBLEASE FORM) PAGE 17 OF 37 WAINSHAL MILL LEASING COMPANY LLC TO RRCC REALTY, LLC officer, director, general or joint venturelimited partner, then member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the partners operation of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner ) of Landlord shall be sued held to any liability, jointly or named as a party severally, for any debt, claim, demand, judgment, decree, liability or obligation of any kind (in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any suit action taken or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership omitted for or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent on behalf of Landlord. If In no event shall Landlord is a limited liability companyever be liable to Tenant for any punitive damages or for any loss of business or any other indirect, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued special or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordconsequential damages suffered by Tenant from whatever cause. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Commercial Lease, Commercial Lease (FusionStorm Global, Inc.)

Limitation of Landlord’s Liability. 35.1. If The term "Landlord" as used in this Lease, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of the Property, and in the event of any transfer or transfers of title to said property, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement of all liability as respects the performance of any covenants or obligations on the part of the Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title shall, subject as aforesaid, be binding on the Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership of said leasehold interest or fee, as the case may be. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord's assets other than Landlord's interest in the Building Property and in the rents, issues and profits thereof, and Xxxxxx agrees to look solely to such interest for the satisfaction of any liability or the Project. 35.2. claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordliability. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Ezenia Inc), Lease (Ibasis Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectPremises, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectPremises. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Asterias Biotherapeutics, Inc.), Lease (Biotime Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequenceNotwithstanding any ---------------------------------- provision to the contrary contained herein, Tenant recovers a monetary judgment against Landlord, shall look solely to the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title estate and interest of Landlord in and to the land and the Building, and Landlord shall have no personal liability, in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Leased Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Leased Premises, shall be limited solely to such estate and interest of Landlord in as to the Land and the Building and that Landlord shall have no personal liability as provided above in this sentence. No properties or assets of Landlord other than the Projectestate and interest of Landlord in and to the land and the Building, (b) rent and no property owned by any partner of Landlord, shall be subject to levy, execution or other income from such real property receivable by Landlord or enforcement procedures for the satisfaction of any judgment (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition judicial process) or for the satisfaction of all any other remedy of Tenant arising out of or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under connection with this Lease, and no partner the relationship of Landlord and Tenant or Tenant's use of the Leased Premises. Further, in no event whatsoever shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner in Landlord have any liability or responsibility whatsoever arising out of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under in connection with this Lease, and no shareholder, director, officer, employee or agent the relationship of Landlord shall be sued and Tenant, or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction Tenant's use of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordLeased Premises. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of the Property, and in the event of any transfer or transfers of title to said property, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement of all liability as respects the performance of any covenants or obligations on the part of the Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord, shall, subject as aforesaid, be binding on the Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership of said leasehold interest or fee, as the case may be. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s right, title or assets other than Landlord’s interest in the Building Property and in the rents, issues and profits thereof, and Xxxxxx agrees to look solely to such interest for the satisfaction of any liability or the Project. 35.2. claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, managers, members or stockholders of Landlord) ever be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordliability. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Lantheus Holdings, Inc.), Office Lease (Capstone Dental Pubco, Inc.)

Limitation of Landlord’s Liability. 35.131.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent or other income from such real property receivable by Landlord or property insurance proceeds received by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.231.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.331.3. Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Limitation of Landlord’s Liability. 35.136.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent or other income from such real property receivable by Landlord or Landlord, (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part or (d) any insurance or condemnation proceeds for the Property. 35.236.2. Except as permitted by Section 36.1, Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.336.3. Each of the covenants and agreements of this Article 36 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s 's right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s 's obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)

Limitation of Landlord’s Liability. 35.1. If Landlord is 31.1 Tenant agrees that, in the event of any breach or default under this Lease and, as a consequence, Tenant recovers a monetary judgment against hereunder by Landlord, the judgment shall Tenant’s recourse against Landlord for monetary damages will be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and limited to Landlord’s interest of Landlord in the Building and the Project, (b) rent Landlord’s interest in the rents or other income from such real property receivable by Landlord or (c) of the Project, consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s right, title or and interest in the Building or the Project, and any insurance proceeds payable to Landlord (but not those payable to a mortgagee). 35.2. 31.2 Landlord shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be maybe necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 2 contracts

Samples: Lease (Biocept Inc), Lease (Biocept Inc)

Limitation of Landlord’s Liability. 35.1. A. If at any time Landlord is in default under this Lease andshall fail to perform or pay any covenant or obligation on its part to be performed or paid hereunder or shall breach any warranty or otherwise incur any liability for damages hereunder, and as a consequence, consequence thereof Tenant recovers or its successors and assigns shall recover a monetary money judgment against Landlord, the such judgment shall be enforced against and satisfied only out of only (ai) the proceeds of sale received on produced upon execution of the such judgment and levy thereon against the right, title and Landlord’s interest of Landlord in the Building Leased Premises and the Projectimprovements thereon; (ii) the rents, (b) rent issues, or other income receivable from such real property receivable by Landlord or the Leased Premises and the improvements thereon subsequent to the entry of the money judgment; (ciii) the consideration received by Landlord from the sale, financing, refinancing sale or other disposition mortgage financing of all or any part of Landlord’s right, title or interest in the Building Leased Premises and improvements thereon made subsequent to the entry of the money judgment; and (iv) any insurance proceeds or condemnation awards payable as/for lost rent by reason of any casualty to or condemnation of the ProjectLeased Premises and/or improvements thereon subsequent to the entry of the money judgment. Tenant shall look solely to the Leased Premises and improvements thereon and to said property specified in clauses (i), (ii), (iii) and (iv) above, for the payment and satisfaction of any such claim or action and any judgment thereon. 35.2. B. Notwithstanding any other provision of this Lease to the contrary, Landlord shall not be personally liable have any personal liability whatsoever for the performance or payment of any deficiency under this Leasecovenant, obligation, warranty or damages of Landlord hereunder or any judgment thereon, all such liability hereby being expressly waived and released by Tenant and its successors and assigns. If Landlord is a partnership or joint venture, then the partners of such partnership Tenant shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued seek specific performance individually or named as a party in any suit or action, and service of process shall not be made collectively against any partner individual comprising Landlord for performance of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained obligation of Landlord hereunder and Landlord’s obligation to specifically perform any such covenant or obligation shall be limited to the performance that can be achieved with the property, or proceeds thereof, specified in this Lease or imposed by Applicable Laws clauses (i), (ii), (iii) and shall survive (iv) of subsection A above. C. The provisions of subsections A and B above are not intended to relieve Landlord from the expiration or earlier termination performance of this Leaseany of its obligations hereunder, but rather to limit Landlord’s liability as aforesaid.

Appears in 2 contracts

Samples: Lease Agreement (Container Store Group, Inc.), Lease Agreement (Container Store Group, Inc.)

Limitation of Landlord’s Liability. 35.130.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectPremises, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectPremises. 35.2. Landlord shall not be personally liable for any deficiency under this Lease30.2. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.330.3. Each of the covenants and agreements of this Article Section 30 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Array Biopharma Inc), Lease (Array Biopharma Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and Project of which the ProjectDemises Premises are a part, (b) and out of rent or other income from such real property receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing refinancing, or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building or and Project of which the ProjectDemised Premises are a part. 35.2. 31.2 Landlord shall not be personally liable for any deficiency under this Leasedeficiency. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws statute or by common law and shall survive the expiration or earlier termination of this Lease. The provisions of this Article 31 shall not apply, however, to any losses, costs, claims or damages arising from or relating to the failure of a successor or assignee of Landlord to assume liability for the obligations of Landlord which accrued prior to the date of an assignment or other transfer of Landlord's interest in the Demised Premises.

Appears in 2 contracts

Samples: Expansion Lease (Senomyx Inc), Expansion Lease (Senomyx Inc)

Limitation of Landlord’s Liability. 35.1. If Notwithstanding any other provisions of this Lease to the contrary, in the event of a default by Landlord under this Lease, Tenant shall look solely to Landlord’s equity in the Building, and not to any other or separate business or non-business assets of Landlord, or any partner, shareholder, officers or representative of Landlord, for the satisfaction of any claim brought by Tenant against Landlord, and if Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed within thirty (30) days after written notice from Tenant (unless such condition is incapable of being cured within said thirty (30) day period, in which event it shall not be deemed a default so long as Landlord is in default under this Lease diligently pursuing the completion of same), and, as a consequenceconsequence of such default, Tenant recovers shall recover a monetary money judgment against Landlord, the such judgment shall be satisfied only solely out of (a) the proceeds of sale received on upon execution of the such judgment and levy levied thereon against the right, title and interest of Landlord in the Building as the same may then be encumbered (including without limitation Landlord’s interest in the rents and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part profits arising out of Landlord’s right, title or interest in the Building Building). Further, in the event the owner of Landlord’s interest in this Lease is at any time a partnership, joint venture or unincorporated association, Tenant agrees that the Project. 35.2. Landlord members or partners of such partnership, joint venture or unincorporated association shall not be personally or individually liable or responsible for the performance of any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under hereunder. With respect to any provisions of this LeaseLease which provides that Landlord shall not unreasonably withhold or delay any consent or approval, Tenant shall not have, and no partner Tenant hereby waives, any claim for money damages; nor shall Tenant claim any money damages by way of Landlord setoff, counterclaim or defense, based upon any allegation of unreasonableness by Landlord. Tenant’s sole remedy shall be sued an action or named as a party in proceeding to enforce any suit such provisions, or actionfor specific performance, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership injunction or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlorddeclaratory judgment. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Inspire Pharmaceuticals Inc), Lease Agreement (Inspire Pharmaceuticals Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Project of which the Premises are a part, and the Project, (b) out of rent or other income from such real property the Project receivable by Landlord or (c) the out of the, consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s right, title or title, and interest in the Building or and Project of which the ProjectPremises are a part. 35.2. 31.2 Neither Landlord nor Landlord’s Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 2 contracts

Samples: Lease (Genelux Corp), Lease (Genelux Corp)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Premises, and the Project, (b) out of rent or other income from such real property the Premises receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building or the Project. 35.2Premises. Neither Landlord nor Landlord's Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or partnership, joint venture, then or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable for Landlord’s obligations under this Lease, and no partner or member of Landlord (or of any affiliated entity) shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership or partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, member, shareholder, director, employee, member or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, member shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Single Tenant Lease (Illumina Inc)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of the Property, and in the event of any transfer or transfers of title to the Property, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability and obligation with respect to the performance of any covenants or obligations on the part of the Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord, shall, subject as aforesaid, be binding on the Landlord, its successors and assigns, only during and with respect to their respective successive periods of ownership of the Property. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s right, title or assets other than Landlord’s interest in the Building Property, and Tenant agrees to look solely to such interests for the satisfaction of any liability or the Project. 35.2claim against Landlord under this Lease. In no event shall Landlord shall not or any Landlord Affiliates, including, without limitation, any general or limited partner, trustees, beneficiaries, employees, agents, officers, directors, stockholders, managers, or members of Landlord ever be personally liable for any deficiency under this Lease. If liability or obligation of, Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations whether under this Lease, and no partner of Landlord shall be sued or named as a party at law or in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordequity. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Kura Oncology, Inc.)

Limitation of Landlord’s Liability. 35.1. The obligations of Landlord under this Lease shall not constitute personal obligations of the individual members, partners, directors, officers, or shareholders of Landlord or any member of Landlord, and in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease shall be limited solely to, and Tenant's and its successors' and assigns' sole and exclusive remedy shall be against the real estate that is the subject of this Lease and Tenant, its successors and assigns shall not seek recourse against the individual member, partners, directors, officers or shareholders of Landlord or any member of Landlord, or any of their personal assets for such satisfaction. (a) If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building and the Project, (b) and out of insurance proceeds, rent or other income from such real property the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or and interest in the Project. Notwithstanding the foregoing, if Landlord is in default of this Lease and, as a consequence, Tenant recovers a money judgment against Landlord, which is not satisfied within ten (10) days after written demand by Tenant, then Tenant shall have the right to record a lien against the Building or Project for the Projectunsatisfied amount of the judgment. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. (b) If Landlord Landlord, or a member of Landlord, is a limited liability company, a partnership or joint venture, then the member or partners of such partnership entity shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any such partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct or fraud. If Landlord Landlord, or member of Landlord, is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, employee, member employee or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. (c) Each of the covenants and agreements of this Article Section 18.07 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Office Lease (Jni Corp)

Limitation of Landlord’s Liability. 35.1. If 31.1 Except as set forth in Section 31.4, if Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Premises, and the Projectout of insurance proceeds, (b) rent or other income from such real property the Premises receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building or the ProjectPremises. 35.2. 31.2 Neither Landlord nor Landlord's Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws statute or by common law. 31.4 Notwithstanding the foregoing, the Landlord herein named shall remain liable or responsible for (i) construction of the work required by Landlord under the Work Letter pursuant to Sections 4.1 hereof, (ii) damages in the event of completion delays to the extent of Section 4.4 hereof, (iii) the warranties made by Landlord under Sections 14.4 and shall survive 14.5 to the expiration extent thereof, (iv) covenants and representations made by Landlord in Article 39, (v) the obligation to deliver the Premises lien-free pursuant to Section 35.4, (vi) the completion of punch list items relating to the Building Shell and Land Improvements pursuant to the provisions of the Work Letter, and (vii) any other duties or earlier termination obligations of Landlord arising under the provisions of this LeaseLease and applicable law.

Appears in 1 contract

Samples: Sublease (Brocade Communications Systems Inc)

Limitation of Landlord’s Liability. 35.1The obligations of Landlord under the Lease as amended by this Amendment do not constitute personal obligations of the individual partners, members, directors, officers, shareholders, trustees or beneficiaries of Landlord, and Tenant shall not seek recourse against the partners, members, directors, officers, shareholders, trustees or beneficiaries of Landlord, or any of their personal assets for satisfaction of any liability with respect to the Lease as amended by this Amendment. If In the event of any Default by Landlord is in default under the Lease as amended by this Lease andAmendment, as a consequence, Tenant recovers a monetary judgment Tenant’s sole and exclusive remedy shall be against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and ’s interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by on which it is located. The provisions of this paragraph are not designed to relieve Landlord from the saleperformance of any of its obligations hereunder, financingbut rather to limit Landlord’s liability in the case of the recovery of a judgment against it, refinancing as aforesaid, nor shall any of the provisions of this paragraph be deemed to limit or otherwise affect Tenant’s right to obtain injunctive relief or specific performance or availability of any other right or remedy which may be accorded Tenant by law or the Lease. In the event of sale or other disposition of all or any part transfer of Landlord’s right, title or and interest in the Building Building, through which the purchaser or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venturetransferee, then the partners of such partnership shall not be personally liable for as Landlord’s successor, assumes all liability and obligations thereafter accruing under this the Lease, and no partner of as amended by this Amendment, Landlord shall be sued released from all liability and obligations thereafter accruing under the Lease as amended by this Amendment; provided, that this paragraph shall inure to the benefit of any such purchaser or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordtransferee. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Northern Trust Corp)

Limitation of Landlord’s Liability. 35.1. The obligations of Landlord under this Lease shall not constitute personal obligations of the individual members, partners, directors, officers, or shareholders of Landlord or any member of Landlord, and in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease shall be limited solely to, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against Landlord’s Interest in the Project (as hereinafter defined) and Tenant, its successors and assigns shall not seek recourse against the individual member, partners, directors, officers or shareholders of Landlord or any member of Landlord, or any of their personal assets for such satisfaction. (a) If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the interest of Landlord in the Project, including without limitation, proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building and the Project, (b) insurance proceeds, rent or other income from such real property the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or and interest in the Project ("Landlord's Interest in the Project"). Notwithstanding the foregoing, if Landlord is in default of this Lease and, as a consequence, Tenant recovers a money judgment against Landlord, which is not satisfied within ten (10) days after written demand by Tenant, then Tenant shall have the right to record a lien against the Building or Project for the Projectunsatisfied amount of the judgment. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. (b) If Landlord Landlord, or a member of Landlord, is a limited liability company, a partnership or joint venture, then the member or partners of such partnership entity shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any such partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct or fraud. If Landlord Landlord, or member of Landlord, is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, employee, member employee or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. (c) Each of the covenants and agreements of this Article Section 18.07 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease Agreement (Iomega Corp)

Limitation of Landlord’s Liability. 35.134.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building Buildings and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building Buildings or the Project. 35.234.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.334.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Halozyme Therapeutics Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease andTenant, as a consequencematerial part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims, except claims caused by or resulting solely and directly from the gross negligence or willful misconduct of Landlord, its agents, servants or employees, which Tenant recovers a monetary judgment or Tenant’s successor or assigns may have against Landlord, its agents, servants and employees, for loss, theft or damage to property and for injuries to persons in, upon or about the judgment Leased Premises, the Building or the Project from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees harmless from and on account of any damage or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the Leased Premises by Tenant, or arising from the failure of Tenant to keep the Leased Premises in good condition as herein provided. Neither Landlord nor its agents, servants or employees shall be satisfied only out liable to Tenant for any damage by or from any act of (a) the proceeds negligence of sale received on execution any co-tenant or other occupant of the judgment and levy against Land or the rightBuilding, title and interest or by any owner or occupant of Landlord in adjoining or contiguous property. Tenant agrees to pay for all damage to the Land, the Building and the Leased Premises, as well as all damage to tenants or occupants thereof caused by Tenant’s misuse or neglect of the Leased Premises, it apparatus or appurtenances, or caused by any licensee, contractor, agent or employee of Tenant. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or any occupant of the Leased Premises that is on the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Leased Premises shall be there at the risk of Tenant or such other person only, and Landlord and its agents or employees (except in case of the sole negligence or willful misconduct of Landlord or its agents or employees) shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership damage to or joint venture, then the partners theft of or misappropriation of such partnership shall not be personally liable property; nor for any damage to property entrusted to Landlord’s obligations under this Lease, and no partner its agents or employees, if any; nor for the loss of Landlord shall be sued or named as a party in damage to any suit property by theft or actionotherwise, and service of process shall not be made against by any partner of Landlord except as means whatsoever; nor for any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, snow, water or rain which may be necessary to secure jurisdiction leak from any part of the partnership Building or joint venturefrom the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or from any other cause whatsoever; nor for interference with light or any other incorporeal hereditaments, nor for any latent defect in the Leased Premises or in the Building or the Land. If Tenant shall give prompt notice to Landlord is a corporationin case of fire, then casualty or accidents in the shareholders, directors, officers, employees and agents Leased Premises or in the Building or in case of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee defects therein or agent of Landlord shall be sued in the fixtures or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordequipment therein. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Isco International Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income or insurance or condemnation proceeds from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease, except to the extent stated in Section 35.1. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Regulus Therapeutics Inc.)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Premises, and the Project, (b) out of rent or other income from such real property the Premises receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building or the ProjectPremises. 35.2. 31.2 Neither Landlord nor Landlord's Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each 31.3 each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws statute or by common law. 31.4 Notwithstanding the foregoing, the Landlord herein named (Chevron/Nexus Partnership (Lot 13)) shall remain liable for (i) responsibility for construction of Landlord's Work and shall survive Tenant's Improvement Work pursuant to Sections 4. 1 and 4.2 hereof, (ii) damages in the expiration or earlier termination event of completion delays to the extent of Section 4.3 hereof, (iii) responsibility for allocation of property pursuant to Section 4.7 hereof , (iv) the warranties made by Landlord under Section 14.4 to the extent thereof, (v) responsibility for covenants and representations made by Landlord in Section 39.8 hereof, (vi) the obligation to deliver the Premises lien-free pursuant to Section 35.4, and (vii) the completion of punch-list items pursuant to Section 6.3 of the Work Letter. 31.5 Notwithstanding any other provision of this Lease, and notwithstanding any limitation on liability set forth above, Landlord, and any general partners of Landlord, shall be personally liable for any wrongful draw on the Letter of Credit or the wrongful use of funds drawn from the Letter of Credit. to addition to any other remedies that Tenant may have with respect to a wrongful draw on the Letter of Credit or a wrongful use of funds drawn under the Letter of Credit, Tenant may offset any such amounts against its obligations under this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Affymetrix Inc)

Limitation of Landlord’s Liability. 35.133.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProperty, (b) rent or other income from such real property receivable by Landlord or Landlord, (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or Property and (d) any casualty insurance proceeds which Landlord receives for damage to the ProjectProperty. 35.233.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee or agent of Landlord. 33.3. If Tenant is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Tenant’s obligations under this Lease, and no partner of Tenant shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Tenant except as may be necessary to secure jurisdiction of the partnership or joint venture. If Tenant is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Tenant’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Tenant shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Tenant. If Tenant is a limited liability company, then the members of such limited liability company shall not be personally liable for Tenant’s obligations under this Lease, and no member of Tenant shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Tenant except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of LandlordTenant shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee or agent of Tenant. Notwithstanding the foregoing, in no event shall the provisions of this Section 33.3 relieve Tenant’s partners, shareholders, directors, employees, members or agents of any personal liability arising out of, or in connection with, such partner’s, shareholder’s, director’s, employee’s, member’s or agent’s gross negligence or willful misconduct. 35.333.4. Each of the covenants and agreements of this Article 33 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Illumina Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is Notwithstanding any provision to the contrary contained in default under this Lease and, as a consequenceLease, Tenant recovers a monetary judgment against Landlord, shall look solely to the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title estate and interest of Landlord in and to the Land and the building, and Landlord shall have no personal liability, in the even of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Leased Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Leased Premises shall be limited solely to such estate or interest of Landlord in and to the Land and the Building and that Landlord shall have no personal liability as provided above in this sentence. No properties or assets of Landlord other than the Projectestate and interest of Landlord in and to the Land and the Building, (b) rent and no property owned by any partners, officer, member, director or trustee in or of Landlord, shall be subject to levy, execution or other income from such real property receivable by Landlord or reenforcement procedures for the satisfaction of any judgment (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition judicial process) or for the satisfaction of all any other remedy of Tenant arising out of or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under connection with this Lease, and no partner the relationship of Landlord and Tenant or Tenant's use of the Leased Premises. Further, in no event whatsoever shall be sued any partner, officer, member, director or named as a party trustee in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction have any liability or responsibility whatsoever arising out of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under in connection with this Lease, and no shareholder, director, officer, employee or agent the relationship of Landlord shall be sued and Tenant or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction Tenant's use of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordLeased Premises. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Microage Inc /De/)

Limitation of Landlord’s Liability. 35.1. If The term "Landlord", as used in this Lease, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of the Property, and in the event of any transfer or transfers of title to said Property, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically relieved from and after the date of such transfer or conveyance of all liability as respects the performance of any covenants or obligations on the part of the Landlord contained in this Lease andthereafter to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall, subject as a consequenceaforesaid, Tenant recovers a monetary judgment against be binding on the Landlord, the judgment shall be satisfied its successors and- assigns, only out during and in respect of (a) the proceeds their respective successive periods of sale received on execution ownership of the judgment Property. Tenant, its successors and levy assigns, agrees it shall not assert nor seek to enforce any claim for breach of this Lease against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or 's assets other than Landlord's interest in the Building Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability of or the Project. 35.2. claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any beneficiary of any trust of which Landlord is a trustee or any general or limited partners of Landlord if Landlord is a general or limited partnership), ever be personally liable for any deficiency under this Leasesuch liability. If In no event shall Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations any indirect or consequential damages, including without limitation, loss of profits, loss of business, damage to reputation or loss of rental under this Leaseany sublease or assignment arrangement. Nothing contained herein shall prohibit any action by Tenant against Landlord for, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordspecific performance. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (BGS Systems Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Project of which the Premises are a part, and the Project, (b) out of rent or other income from such real property the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s right, title or title, and interest in the Building or and Project of which the ProjectPremises are a part. 35.2. 31.2 Neither Landlord nor Landlord’s Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord in their individual capacities shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of LandlordLandlord in their individual capacities. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease (Icagen Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequenceIn consideration of the benefits accruing hereunder, Tenant recovers a monetary judgment against and all successors and assigns of Tenant covenant and agree that in the event of any actual or alleged failure, breach or default hereunder by Landlord, the judgment shall be satisfied only out of : (a) the proceeds of sale received on execution of the judgment sole and levy exclusive remedy shall be against the right, title and interest of Landlord in the Building (which shall include insurance proceeds and the Projectcondemnation awards, (b) rent or other income from such real property receivable by Landlord or (c) the consideration as well as proceeds actually received by Landlord from any sale of the sale, financing, refinancing or other disposition Building [net of all expenses of sale], and rental income from the Building [net of all expenses] to the extent all of the foregoing are held in an account for Landlord and have not been applied or distributed by Landlord in the ordinary course of business (i.e., not as a fraud against creditors); (b) neither Landlord nor (if Landlord is a limited liability company) any part member or (if Landlord is a partnership) any partner of Landlord nor (if Landlord is a corporation) any shareholder of Landlord’s right, title or interest nor Rental Agent specified in the Building or the Project. 35.2. Landlord Section 1(a)8 hereof nor (if Rental Agent is a partnership) any member, partner of Rental Agent nor (if Rental Agent is a corporation) any shareholder of Rental Agent shall not be personally liable for with respect to any deficiency under claim arising out of or related to this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and ; (c) no partner or shareholder of Landlord nor any member, partner or shareholder of Rental Agent shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord action (except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and ); (d) no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholdermember, director, officer, employee partner or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member shareholder of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made nor against any member member, partner or shareholder of Landlord Rental Agent (except as may be necessary to secure jurisdiction of the limited liability company. No partnerLandlord); (e) any judgment granted against any member, shareholder, director, employee, member partner or agent shareholder of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partnermember, shareholder, director, employee, member partner or agent shareholder of Landlord. 35.3. Each of the Rental Agent may be vacated and set aside at any time as if such judgment had never been granted; and (f) these covenants and agreements are enforceable both by Landlord and also by any member, partner or shareholder of this Article shall be applicable to Landlord and by any covenant member, partner or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination shareholder of this LeaseRental Agent.

Appears in 1 contract

Samples: Deed of Lease (Cvent Inc)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord”, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of Landlord’s interest in the Property, and in the event of any transfer or transfers of such title to said property, Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or shall, subject as aforesaid, be binding on Landlord, its successors and assigns, only during and in respect of their respective period of ownership of such interest in the Building Property. Notwithstanding the foregoing, in no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to Landlord, be treated as an assumption by operation of law or the Project. 35.2otherwise, of Landlord’s obligations hereunder. Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. The seller-lessee, and its successors in title, shall be Landlord hereunder unless and until such purchaser expressly assumes in writing Landlord’s obligations hereunder. Tenant shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Property, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord ever be personally liable for any deficiency under this Leasesuch liability. If In addition, Landlord is a partnership or joint venture, then hereby notifies Tenant that the partners Declaration of such partnership shall not be personally liable for Landlord’s obligations under this LeaseTrust of Landlord provides, and Tenant agrees, that no partner of Landlord shall be sued or named as a party in any suit or actiontrustee, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholderofficer, director, officergeneral or limited partner, member, shareholder, beneficiary, employee or agent of Landlord (including any person or entity from time to time engaged to supervise and/or manage the operation of Landlord) shall be sued held to any liability, jointly or named as a party severally, for any debt, claim, demand, judgment, decree, liability or obligation of any kind (in tort, contract or otherwise) of, against or with respect to Landlord or arising out of any suit action taken or actionomitted for or on behalf of Landlord. Similarly, and service of process shall not be made against any shareholderLandlord agrees that no trustee, officer, director, officergeneral or limited partner, member, shareholder, beneficiary, employee or agent of Landlord. If Landlord is a limited liability company, then Tenant (including any person or entity from time to time engaged to supervise and/or manage the members operation of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord Tenant) shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead held to any service liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation of processany kind (in tort, and no judgment shall be contract or otherwise) of, against or with respect to Tenant or arising out of any action taken or writ omitted for or on behalf of execution levied against any partnerTenant, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable except pursuant to any covenant guaranty of Tenant’s payment and performance obligations hereunder entered into by any such person or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Leaseentity.

Appears in 1 contract

Samples: Lease Agreement (Cytek BioSciences, Inc.)

Limitation of Landlord’s Liability. 35.1. If 31.1 Except as set forth in Section 31.2, if Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Premises, and the Projectout of insurance proceeds, (b) rent or other income from such real property the Premises receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building or the ProjectPremises. 35.2. 31.2 Neither Landlord nor Landlord's Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a limited liability company, the members and manager of such limited liability company shall not be personally liable and no member or manager of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any member or manager of Landlord, except as may be necessary to secure jurisdiction of the limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited corporation or to the extent liability companyis caused by willful and intentional misconduct. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. 31.3 No officer, director, or shareholder of Tenant shall be personally liable for any deficiency, and no officer, director, or shareholder of Tenant shall be sued or named as a party in any suit or action, or service of process be made against any officer, director or shareholder of Tenant, except as may be necessary to secure jurisdiction of the corporation. 31.4 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease (Globix Corp)

Limitation of Landlord’s Liability. 35.136.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent rent, proceeds or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.236.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of LandlordLandlord except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, except as may be necessary to secure jurisdiction of the Landlord, and no judgment shall be taken or writ of execution levied against the assets of any partner, shareholder, director, employee, member employee or agent of Landlord. 35.336.3. Each of the covenants and agreements of this Article 36 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Avi Biopharma Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the Project and rents, issues and proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building and Project of which the ProjectPremises are a part, (b) and out of rent or other income from such real property receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title,, and interest in the Building or and Project of which the ProjectPremises are a part. 35.2. 31.2 Landlord shall not be personally liable for any deficiency under this Leasedeficiency. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease (Genetronics Biomedical LTD)

Limitation of Landlord’s Liability. 35.1. 34.1 If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.2. 34.2 Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.3. 34.3 Each of the covenants and agreements of this Article 34 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Epicept Corp)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Premises, and the Project, (b) out of rent or other income from such real property the Premises receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s right, title or title, and interest in the Building or the ProjectPremises. 35.2. 31.2 Neither Landlord nor Landlord’s Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee or employee, agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied or against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and statute or by common law. 31.4 Notwithstanding the foregoing, University Center LLC shall survive remain liable for the expiration or earlier termination of this Leasematters set forth in Section 28.2.

Appears in 1 contract

Samples: Sublease (Salmedix Inc)

Limitation of Landlord’s Liability. 35.1. The obligations of Landlord under this Lease shall not constitute personal obligations of the individual members, partners, directors, officers, or shareholders of Landlord or any member of Landlord, and in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease shall be limited solely to, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against Landlord’s Interest in the Project (as hereinafter defined) and Tenant, its successors and assigns shall not seek recourse against the individual member, partners, directors, officers or shareholders of Landlord or any member of Landlord, or any of their personal assets for such satisfaction. (a) If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the interest of Landlord in the Project, including without limitation, proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building and the Project, (b) insurance proceeds, rent or other income from such real property the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s right, title or and interest in the Project (“Landlord’s Interest in the Project”). Notwithstanding the foregoing, if Landlord is in default of this Lease and, as a consequence, Tenant recovers a money judgment against Landlord, which is not satisfied within ten (10) days after written demand by Tenant, then Tenant shall have the right to record a lien against the Building or Project for the Projectunsatisfied amount of the judgment. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. (b) If Landlord Landlord, or a member of Landlord, is a limited liability company, a partnership or joint venture, then the member or partners of such partnership entity shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any such partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct or fraud. If Landlord Landlord, or member of Landlord, is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, employee, member employee or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. (c) Each of the covenants and agreements of this Article Section 18.07 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease (Jni Corp)

Limitation of Landlord’s Liability. 35.1. 35.1 If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, except as specifically provided in Section 11.6(d) hereof, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or Landlord, (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. 35.2 Neither Landlord nor any of its affiliates, nor any of their respective partners, shareholders, directors, officers, employees, members or agents shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations or any deficiency under this Lease, and no partner service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord or any of Landlord’s affiliates. No partner, shareholder, director, officer, employee, member or agent of Landlord or any of its affiliates shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the partnership, joint venture or limited liability company, as applicable. No partner, shareholder, director, officer, employee, member or agent of Landlord or any of its affiliates shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, officer, employee, member or agent of LandlordLandlord or any of its affiliates. 35.3. 35.3 Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Cyclerion Therapeutics, Inc.)

Limitation of Landlord’s Liability. 35.136.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.236.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.336.3. Each of the covenants and agreements of this Article 36 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Daystar Technologies Inc)

Limitation of Landlord’s Liability. 35.136.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and Project of which the ProjectPremises are a part, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or Project of which the ProjectPremises are a part. 35.236.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.336.3. Each of the covenants and agreements of this Article 36 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Revance Therapeutics, Inc.)

Limitation of Landlord’s Liability. 35.1. If Except as provided in the next sentence, the liability of Landlord is in default under this Lease and, as a consequence, to Tenant recovers a monetary for any judgment against Landlord, the judgment Landlord hereunder or for any tort liability relating hereto shall be satisfied only out of (a) limited to Tenant's actual direct, but not special, consequential or punitive, damages therefor, which damages shall be recoverable solely from the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building Project at the time such liability accrued, it being agreed that neither Landlord (and the Projectits partners, (bagents, officers, directors, and shareholders) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or nor any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord mortgagees shall not ever be personally liable for any deficiency such judgment. In the event of a transfer by Landlord of its interest in the Project after any such liability has accrued, Tenant may only proceed against Landlord to the extent of the net sales proceeds received by Landlord from such transfer for the recovery of any claim that accrued prior to such transfer and only if Tenant gives Landlord written notice of the claim and commences an action to recover on such claim within twelve (12) months after consummation of such transfer by Landlord. In the event that the sale proceeds from any such transfer have been distributed to the owners (e.g., partners, shareholders, members) of the transferring Landlord prior to the commencement of Tenant's claim, the liability of each owner for such claim shall be limited to that portion of the sale proceeds actually received by such owner. In addition, Tenant also agrees that Tenant shall not be entitled to recover from Landlord nor any of its agents, employees, officers, partners, servants or shareholders any indirect, special or consequential damages Tenant may incur as a result of a default under this LeaseLease or other action by Landlord, its agents, employees, officers, partners, servants or shareholders. If The foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against 137 Landlord is a partnership or joint ventureLandlord's successors in interest, then or to maintain any suit or action in connection with the partners enforcement of such partnership shall rights hereunder or arising herefrom or the collection of amounts which may become owing or payable under or on account of insurance maintained by Landlord, or any other action which does not require Landlord to be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of damages from other than the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordProject. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Cabot Oil & Gas Corp)

Limitation of Landlord’s Liability. 35.131.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.231.2. Subject to the remainder of this Section 31.2, only Landlord shall not be personally liable for any deficiency due to Landlord’s default under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.331.3. Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Sonus Pharmaceuticals Inc)

Limitation of Landlord’s Liability. 35.1. 35.1 If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. 35.2 Landlord shall not be personally liable for any deficiency under this Lease. If Landlord or Tenant is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlordsuch party’s obligations under this Lease, and no partner of Landlord or Tenant shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord or Tenant, except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord or Tenant is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlordsuch party’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord or Tenant, shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of LandlordLandlord or Tenant. If Landlord or Tenant is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlordsuch party’s obligations under this Lease, and no member of Landlord or Tenant shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord or Tenant, except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord or Tenant shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordLandlord or Tenant. 35.3. 35.3 Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Glycomimetics Inc)

Limitation of Landlord’s Liability. 35.1. 35.1 If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. 35.2 Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord.of 35.3. 35.3 Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Depomed Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequenceIn consideration of the benefits accruing hereunder, Tenant recovers a monetary judgment against and all successors and assigns of Tenant covenant and agree that in the event of any actual or alleged failure, breach or default hereunder by Landlord, the judgment shall be satisfied only out of : (a) the proceeds of sale received on execution of the judgment sole and levy exclusive remedy shall be against the right, title and interest of Landlord in the Building including rent proceeds after payment of Real Estate Tax Costs and Common Area Costs and debt service, subject, however, to the Project, prior rights of any ground or underlying landlord or the holder of any mortgage covering the Building or Landlord’s interest therein; (b) rent neither Landlord nor (if Landlord is a partnership) any partner of Landlord nor (if Landlord is a corporation) any shareholder of Landlord shall be personally liable with respect to any claim arising out of or other income from such real property receivable by Landlord or related to this Lease; (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner or shareholder of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord action (except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and ); (d) no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee partner or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member shareholder of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord (except as may be necessary to secure jurisdiction of the limited liability companyLandlord); (e) any judgment granted against any partner or shareholder of Landlord may be vacated and set aside at any time as if such judgment had never been granted, and (0 these covenants and agreements are enforceable both by Landlord and also by any partner or shareholder of Landlord. No partner, shareholder, director, employee, member or agent other assets of Landlord shall be required subject to answer levy, execution or otherwise plead to any service other judicial process for the satisfaction of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordTenant’s claim. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Finch Therapeutics Group, Inc.)

Limitation of Landlord’s Liability. 35.1. If Any liability of Landlord is in default (including, without limitation, Landlord’s direct or indirect partners, shareholders, members, affiliates, or agents, and the officers, directors, members and employees of Landlord or any such other person) (collectively, “Landlord Parties”) to Tenant under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and limited to Landlord’s interest of Landlord in the Building and Tenant agrees to look solely to such interest for the Projectrecovery of any judgment, (b) rent or other income from such real property receivable by it being intended that neither the Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or Parties nor any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord Tenant Party shall not be personally liable for any deficiency or judgment under this Lease. If Landlord is a partnership or joint ventureFor purposes of this Paragraph 28.1, then “Landlord’s interest in the partners Building” shall include rents paid by tenants, insurance proceeds, condemnation proceeds, and proceeds from the sale of such partnership the Building (collectively, “Owner Proceeds”); provided, however, that Tenant shall not be personally liable for entitled to recover Owner Proceeds from any Landlord Party (other than Landlord) or any other third party after they have been distributed or paid to such party; provided further, however, that nothing in this sentence shall diminish any right Tenant may have under Applicable Laws, as a creditor of Landlord, to recover Owner Proceeds from a third party on the grounds that such third party obtained such Owner Proceeds when Landlord was insolvent or in a transfer that was preferential or fraudulent as to Landlord’s obligations under creditors. Notwithstanding any other provision of this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made liable for loss of or damage to artwork, currency, jewelry, bullion, unique or valuable documents, securities or other valuables, or for other property not in the nature of ordinary fixtures, furnishings and equipment used in general administrative and executive office activities and functions. Wherever 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 partner property of Landlord except as may be necessary or (c) agrees to secure jurisdiction indemnify Landlord against any matters, the relevant release, waiver, limitation or indemnity shall run in favor of the partnership and apply to Landlord, its direct or joint venture. If Landlord is a corporation, then the indirect constituent shareholders, partners, members or other owners of Landlord or its directors, officers, and employees of Landlord and agents of each such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no constituent shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent other owner. Further, in no event shall Landlord or Landlord Parties be liable under any circumstances for any consequential damages for injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of Landlord shall be required to answer profits, loss of rents or otherwise plead to any service other revenues, loss of processbusiness opportunity, and no judgment shall be taken loss of goodwill, or writ loss of execution levied against any partneruse, shareholder, director, employee, member or agent of Landlordhowever occurring. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Harmonic Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent rent, casualty proceeds, condemnation awards or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s 's right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s 's obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s 's obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s 's obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and Project of which the ProjectDemised Premises are a part, (b) and/or out of rent or other income from such real property receivable by Landlord or (c) Landlord, and/or out of the consideration received by Landlord from the sale, financing, refinancing refinancing, or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building and Project of which the Demised Premises are a part, and/or out of any amounts distributed to or otherwise received by Landlord from and after the Projectdate that Tenant has first made a written demand upon Landlord for such amounts. 35.2. 31.2 Landlord shall not be personally liable for any deficiency under this Leasedeficiency. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members members, managers, employees and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, employee or agent of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any member of Landlord member, manager, employee or agent except as may be necessary to secure jurisdiction of the such limited liability company. No partner, shareholder, member, 38 42 director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. Nothing contained in this Section 31.2 shall restrict Tenant from commencing a legal action against any person described in this Section 31.2 seeking to obtain a return of any amounts distributed to or otherwise received by such person from and after the date that Tenant first made a written demand upon Landlord for such amounts. The immediately preceding sentence shall not be applicable to shareholders or other owners (in such capacity) so long as the stock of Landlord is publicly traded. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws statute or by common law and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Gene Logic Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Project of which the Premises are a part, and the Project, (b) out of rent or other income from such real property the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s right, title or title, and interest in the Building and Project of which the Premises are a part, or by offsetting Rent under this Lease, notwithstanding anything to the Projectcontrary in this Lease. 35.2. 31.2 Neither Landlord nor Landlord’s Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.331.3 If Landlord shall be in default for more than thirty (30) days after receipt of Tenant’s written notice specifying such default, Tenant may incur any expense necessary to perform any obligation of Landlord specified in such notice and, notwithstanding anything to the contrary in this Lease, deduct such expense from any sums payable by Tenant under this Lease thereafter to become due, or pursue any other remedy available by law, equity, or by statute. Provided, however, if Landlord’s obligation is such than more than thirty (30) days are required for its performance, Landlord shall not be deemed in default if it commences such performance within such thirty (30) day period and diligently prosecutes such default cure to completion. Tenant may not deduct any expenses against any sums payable by Tenant to Landlord under this Lease unless Tenant gives Landlord at least thirty (30) days notice in writing of the default and Tenant’s intention to incur expense to cure this default. In any event, Tenant may only deduct the reasonable costs of curing the noticed default; provided, further, Tenant’s inability to deduct such expense against any sums payable by Tenant to Landlord under this Lease shall not affect any other right or remedy of Tenant. 31.4 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease (Acucela Inc)

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Limitation of Landlord’s Liability. 35.1. If Landlord is Notwithstanding any provision to the contrary contained in default under this Lease and, as a consequenceLease, Tenant recovers a monetary judgment against Landlord, shall look solely to the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title estate and interest of Landlord in and to the Land and the building, and Landlord shall have no personal liability, in the even of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant*s use of the Leased Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant*s use of the Leased Premises shall be limited solely to such estate or interest of Landlord in and to the Land and the Building and that Landlord shall have no personal liability as provided above in this sentence. No properties or assets of Landlord other than the Projectestate and interest of Landlord in and to the Land and the Building, (b) rent and no property owned by any partners, officer, member, director or trustee in or of Landlord, shall be subject to levy, execution or other income from such real property receivable by Landlord or re-enforcement procedures for the satisfaction of any judgment (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition judicial process) or for the satisfaction of all any other remedy of Tenant arising out of or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under connection with this Lease, and no partner the relationship of Landlord and Tenant or Tenant*s use of the Leased Premises. Further, in no event whatsoever shall be sued any partner, officer, member, director or named as a party trustee in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction have any liability or responsibility whatsoever arising out of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under in connection with this Lease, and no shareholder, director, officer, employee or agent the relationship of Landlord shall be sued and Tenant or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction Tenant*s use of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordLeased Premises. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is (a) Tenant shall look solely to Landlord’s interest in default under this Lease and, as a consequence, Tenant recovers a monetary the Project (and any sale proceeds thereof) for the recovery of any judgment against Landlord, the judgment and no other property or assets of Landlord or Landlord’s members, partners, officers, directors, shareholders or principals, direct or indirect, disclosed or undisclosed, shall be satisfied only out subject to levy, execution attachment or other enforcement procedure for the satisfaction of (a) any judgment or Tenant’s remedies under or with respect to this Lease, the proceeds relationship of sale received on execution Landlord and Tenant hereunder, or Tenant’s use and occupancy of the judgment and levy against the rightPremises, title and interest or any other liability of Landlord in the Building and the Project, to Tenant. (b) rent In the event of a transfer of title to the land and Building of which the Premises is a part, or other income from in the event of a lease of the Building of which the Premises is a part, or of the land and Building, upon notification to Tenant of such real property receivable by transfer or lease, the said transferor landlord named herein shall be and hereby is entirely freed and relieved of all future covenants, obligations and liabilities of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the transferee of title to or lessee of said land and Building, that the transferee or lessee has assumed and agreed to carry out all of the covenants and obligations of Landlord thereunder. (c) Notwithstanding anything to the consideration received by Landlord from contrary contained herein, none of the saleagreements, financingcovenants, refinancing obligations or other disposition undertakings of all or any part of Landlord’s right, title or interest Tenant set forth in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord Lease shall be sued or named as a party in binding personally, upon any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent employee of Tenant or any of Tenant’s Affiliates, and Landlord agrees that, in the event it pursues any remedies available to it under this Lease, Landlord shall be required to answer or otherwise plead to not have any service of process, and no judgment shall be taken or writ of execution levied recourse against any partnerofficer, shareholder, director, employee, member or agent employee of LandlordTenant or any of Tenant’s Affiliates, for any loss or claim for monetary damages resulting therefrom. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (890 5th Avenue Partners, Inc.)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or and (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Infinity Oil & Gas Co)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building and Project of which the ProjectPremises are a part, (b) or, in the sole discretion of the Tenant, out of rent or other income from such real property the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building or and Project of which the ProjectPremises are a part. 35.2. 31.2 Neither Landlord nor Landlord's Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct and except to the extent a court determines the existence of an alter ego relationship. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by gross negligence, willful and intentional misconduct. If Landlord is a corporation, then other than as provided above, the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then other than as provided above, the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease Agreement (Aethlon Medical Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord Landlord, (c) insurance proceeds or (cd) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Omeros Corp)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) Landlord's interest in the Project, including the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Project of which the Premises are a part, and the Project, (b) out of rent or other income from such real property the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building or and Project of which the Premises are a part, and insurance and condemnation proceeds related to the Project. 35.2. 31.2 Neither Landlord nor Landlord's Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease (Nastech Pharmaceutical Co Inc)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord”, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of Landlord’s interest in the Property, and in the event of any transfer or transfers of such title to said property, Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or shall, subject as aforesaid, be binding on Landlord, its successors and assigns, only during and in respect of their respective period of ownership of such interest in the Building Property. Notwithstanding the foregoing, in no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to Landlord, be treated as an assumption by operation of law or the Project. 35.2otherwise, of Landlord’s obligations hereunder. Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. The seller-lessee, and its successors in title, shall be Landlord hereunder unless and until such purchaser expressly assumes in writing Landlord’s obligations hereunder. Tenant shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Property, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord ever be personally liable for any deficiency under this Leasesuch liability. If Landlord is a partnership or joint ventureTenant furthermore agrees that no trustee, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholderofficer, director, officergeneral or limited partner, member, shareholder, beneficiary, employee or agent of Landlord (including any person or entity from time to time engaged to supervise and/or manage the operation of Landlord) shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead held to any service liability, jointly or severally, for any debt, claim, demand, judgment, decree, liability or obligation of processany kind (in tort, and no judgment shall be contract or otherwise) of, against or with respect to Landlord or arising out of any action taken or writ of execution levied against any partner, shareholder, director, employee, member omitted for or agent on behalf of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Cerecor Inc.)

Limitation of Landlord’s Liability. 35.1. If Landlord is Except as provided in default under the following sentence of this Lease and, as a consequenceSection 8.4, Tenant recovers a monetary shall look solely to Landlord's interest in the Project for the recovery of any judgment against Landlord, the judgment it being agreed that neither Landlord (and its partners, officers, directors and shareholders) nor any mortgagee shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not ever be personally liable for any deficiency such judgment. In the event of a transfer by Landlord of its interest in the Project, Tenant may proceed against the net sales proceeds received from such transfer for the recovery of any claim that accrued prior to such transfer so long as Tenant has given Landlord written notice of the claim and Tenant commences an action to recover on such claim within six (6) months after consummation of the transfer. In the event that the sale proceeds from any such transfer have been distributed to the owners (E.G., partners, shareholders, members) of the transferring Landlord prior to the commencement of Tenant's claim, the liability of each owner for such claim shall be limited to that portion of the sale proceeds actually received by such owner. In addition, Tenant also agrees that Tenant shall not be entitled to recover from Landlord nor any of its agents, employees, officers, partners, servants or shareholders any indirect, special or consequential damages Tenant may incur as a result of a default under this LeaseLease or other action by Landlord, its agents, employees, officers, partners, servants or shareholders. If The provisions contained in the foregoing sentences are not intended to, and shall not, limit any right that Tenant might otherwise have to (i) obtain injunctive relief against Landlord is a partnership or joint ventureLandlord's successors in interest, then the partners or (ii) any suit or action in connection with enforcement or collection of such partnership shall amounts which may become owing or payable under or on account of insurance maintained by Landlord, or (iii) any other action which does not require Landlord to be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of damages from assets other than the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordProject. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Space Lease Agreement (Bank United Corp)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Project of which the Premises are a part, and the Project, (b) out of rent or other income from such real property the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building and Project of which the Premises are a part, or by offsetting Rent under this Lease, notwithstanding anything to the Projectcontrary in this Lease. 35.2. 31.2 Neither Landlord nor Landlord's Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.331.3 If Landlord shall be in default for more than thirty (30) days after receipt of Tenant's written notice specifying such default, Tenant may incur any expense necessary to perform any obligation of Landlord specified in such notice and, notwithstanding anything to the contrary in this Lease, deduct such expense from any sums payable by Tenant under this Lease thereafter to become due, or pursue any other remedy available by law, equity, or by statute. Provided, however, if Landlord's obligation is such than more than thirty (30) days are required for its performance, Landlord shall not be deemed in default if it commences such performance within such thirty (30) day period and diligently prosecutes such default cure to completion. Tenant may not deduct any expenses against any sums payable by Tenant to Landlord under this Lease unless Tenant gives Landlord at least thirty (30) days notice in writing of the default and Tenant's intention to incur expense to cure this default. In any event, Tenant may only deduct the reasonable costs of curing the noticed default; provided, further, Tenant's inability to deduct such expense against any sums payable by Tenant to Landlord under this Lease shall not affect any other right or remedy of Tenant. 31.4 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease Agreement (Epoch Biosciences Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and Project of which the ProjectDemised Premises are a part, (b) and/or out of rent or other income from such real property receivable by Landlord or (c) Landlord, and/or out of the consideration received by Landlord from the sale, financing, refinancing refinancing, or other disposition of all or any part of Landlord’s right, title or title, and interest in the Building and Project of which the Demised Premises are a part, and/or out of any amounts distributed to or otherwise received by Landlord from and after the Projectdate that Tenant has first made a written demand upon Landlord for such amounts. 35.2. 31.2 Landlord shall not be personally liable for any deficiency under this Leasedeficiency. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members members, managers, employees and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, employee or agent of Landlord shall be sued or named as a party in any suit or action, and action or service of process shall not be made against any member of Landlord member, manager, employee or agent except as may be necessary to secure jurisdiction of the such limited liability company. No partner, shareholder, member, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. Nothing contained in this Section 31.2 shall restrict Tenant from commencing a legal action against any person described in this Section 31.2 seeking to obtain a return of any amounts distributed to or otherwise received by such person from and after the date that Tenant first made a written demand upon Landlord for such amounts. The immediately preceding sentence shall not be applicable to shareholders or other owners (in such capacity) so long as the stock of Landlord is publicly traded. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws statute or by common law and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Gene Logic Inc)

Limitation of Landlord’s Liability. 35.1INDEMNIFICATION: --------------------------------------------------- A. All Tenant Improvements and/or personal property placed or moved onto the Premises and/or Premises Budding will be at the sole risk of Tenant or other owner. If Landlord will not be liable to Tenant or others for any damage to person or property arising from theft, vandalism, any act or omission of any co-tenant or occupant of Suniland Center or of any other person, or otherwise, unless caused by the act or omission of Landlord or any of Landlord's agents or employees. B. Notwithstanding any contrary provision of this Lease: (i) Tenant will look solely (to the extent insurance coverage is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, not applicable or available) to the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord (or its successor as Landlord hereunder) in the Building and Suniland Center for the Project, (b) rent satisfaction of any judgment or other income from such real property receivable judicial process requiring the payment of money as a result of any negligence or breach of this Lease by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing its successor or other disposition of all or any part of Landlord’s right's managing agent (including any beneficial owners partners, title corporations and/or others affiliated or interest in any way related to Landlord or such successor or managing agent) and Landlord has no personal liability hereunder of any kind, and (ii) Tenant's sole right and remedy in any action or proceeding concerning Landlord's reasonableness (where the same is required under this Lease) will be an action for declaratory judgment and/or specific performance. C. Each party agrees to indemnify, defend and hold harmless the other party and their respective agents from and against all claims, causes of actions, liabilities, judgments, damages, losses, costs and expenses, including reasonable attorneys' fees and costs through all appeals, incurred or suffered by the indemnified party and arising from or in any way connected with the Premises and/or Premises Building or the Project. 35.2. Landlord shall not be personally liable for use thereof and caused by any deficiency under this Lease. If Landlord is a partnership acts, omissions, neglect or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction fault of the partnership indemnifying party or joint venture. If Landlord is a corporationits agents, then the shareholdersincluding, directorsbut not limited to, officers, employees and agents any breach of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive any death, personal injury or property damage occurring in or about the expiration Premises and/or Premises Building or earlier termination of this LeaseSuniland Center.

Appears in 1 contract

Samples: Shopping Center Space Lease (Florida Savings Bancorp Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease andTenant, as a consequencematerial part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, thereby waives all claims, except to the extent of claims caused by or resulting from its negligence or willful misconduct of Landlord, its agents, servants or employees, which Tenant recovers a monetary judgment or Tenant's successor or assigns may have against Landlord, its agents, servants and employees, for loss, theft or damage to property and for injuries to persons in, upon or about the judgment Leased Premises, the Building or the Project from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees harmless from and on account of any damage or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the Leased Premises by Tenant, or arising from the failure of Tenant to keep the Leased Premises in good condition as herein provided. Neither Landlord nor its agents, servants or employees shall be satisfied only out liable to Tenant for any damage by or from any act of (a) the proceeds negligence of sale received on execution any co-tenant or other occupant of the judgment and levy against Land or the rightBuilding, title and interest or by any owner or occupant of Landlord in adjoining or contiguous property. Tenant agrees to pay for all damage to the Land, the Building and the Leased Premises, as well as all damage to tenants or occupants thereof caused by Tenant's misuse or neglect of the Leased Premises, its apparatus or appurtenances, or caused by any licensee, contractor, agent or employee of Tenant. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or any occupant of the Leased Premises that is on the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Leased Premises shall be there at the risk of Tenant or such other person only, and Landlord and its agents or employees (except to the extent of the negligence and willful misconduct of Landlord or its agents or employees) shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership damage to or joint venture, then the partners theft of or misappropriation of such partnership shall not be personally liable property; nor for any damage to property entrusted to Landlord’s obligations under this Lease, and no partner its agents or employees, if any; nor for the loss of Landlord shall be sued or named as a party in damage to any suit property by theft or actionotherwise, and service of process shall not be made against by any partner of Landlord except as means whatsoever; nor for any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, snow, water or rain which may be necessary to secure jurisdiction leak from any part of the partnership Building or joint venturefrom the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or from any other cause whatsoever; nor for interference with light or any other incorporeal hereditaments, nor for any latent defect in the Leased Premises or in the Building or the Land. If Tenant shall give prompt notice to Landlord is a corporation, then in case of fire or accidents in the shareholders, directors, officers, employees and agents Leased Premises or in the Building or in case of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee defects therein or agent of Landlord shall be sued in the fixtures or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordequipment therein. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (North Star Universal Inc)

Limitation of Landlord’s Liability. 35.1The term “Landlord” as used in this Lease so far as covenants or obligations to be performed by Landlord are concerned, shall be limited to mean and include only the owner or owners at the time in question of the Property, and in the event of any transfer or transfers of title to said Property, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance of all liability as respects the performance of any covenants or obligations on the part of the Landlord contained in this Lease thereafter to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord, shall, subject as aforesaid, be binding on the Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership of said Leasehold interest or fee, as the case may be. If Notwithstanding the foregoing (1) Landlord is in default shall not be released from its obligations under this Lease andunless the transferee agrees in writing, as a consequence, Tenant recovers a monetary judgment against Landlord, for the judgment shall be satisfied only out of (a) the proceeds of sale received on execution benefit of the judgment Tenant, to assume Landlord’s obligations under the Lease from and levy against after the rightdate of transfer; and (2) if Landlord assigns its interest in this Lease as additional security, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by this assignment shall not release Landlord from the saleits obligations under this Lease. Tenant, financingits successors and assigns, refinancing or other disposition shall not assert nor seek to enforce any claim for breach of all or this Lease against any part of Landlord’s right, title or assets other than Landlord’s interest in the Building Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or the Project. 35.2. claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiency under this Leasesuch liability. If Landlord hereby covenants and represents that it is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then date of this Lease the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction sole owner of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, Building and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordthe Property. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Corbus Pharmaceuticals Holdings, Inc.)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building Premises and the Project, (b) rent rent, insurance proceeds, or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building Premises or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bionovo Inc)

Limitation of Landlord’s Liability. 35.1Notwithstanding anything to the contrary in this Lease, the liability of Landlord (and of any successor Landlord) shall be limited to the interest of Landlord in the Property and the proceeds thereof, and Tenant shall look solely to Landlord’s interest in the Property and the proceeds thereof for the recovery of any judgment or aware against Landlord. If Landlord shall have the right in its sole and unrestrained discretion, to transfer and assign, in whole or in part, all of its rights and obligations in and to this Lease and/or the Building or Property. The word “Landlord” is used in default this Lease to include the Landlord named above as well as its successors and assigns, each of whom shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person, whether or not named herein, shall have no liability hereunder after it ceases to hold title to the Premises except for obligations which may have theretofore accrued. Neither Landlord nor any principal, member, officer, employee or partner of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises, and neither Landlord, nor any parent or affiliate company, nor any principal, employee, officer, member, or partner of Landlord shall have any personal liability to Tenant for any liability of or claim against Landlord under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, beyond the judgment shall be satisfied only out of (a) the proceeds of sale received on execution equity of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectLand. In no event shall Landlord be liable to Tenant for any lost profit, (b) rent damage to or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition loss of all business or any part form of Landlord’s rightspecial, title indirect or interest in the Building or the Projectconsequential damage. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Acme Packet Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Bent Building and the Bent Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Bent Building or the Bent Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Idenix Pharmaceuticals Inc)

Limitation of Landlord’s Liability. 35.131.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectProject of which the Premises are a part, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the ProjectProject of which the Premises are a part. 35.231.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member employee or agent of Landlord. 35.331.3. Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Cytrx Corp)

Limitation of Landlord’s Liability. 35.1. If Landlord is shall not be liable to Tenant for injury to Tenant, its employees, agents, invitees or contractors, damage to Tenant’s property, nor shall Tenant be entitled to any reduction in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out or abatement of rent by reason of (ai) Landlord’s failure or election to provide security services or systems within the proceeds of sale received on execution Property for the protection of the judgment and levy against the rightLeased Premises, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2Outside Areas, or the protection of Tenant’s property or Tenant’s employees, invitees, agents or contractors, or (ii) Landlord’s failure to perform any maintenance or repairs to the Leased Premises, the Building, the Outside Areas or the Property until Tenant shall have first notified Landlord, in writing, of the need for such maintenance or repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs and in any case not less than the notice and cure periods set forth in Paragraph 12.3 of this Lease, or (iii) any failure, interruption, rationing or other curtailment in the supply of water, electric current, gas or other utility service to the Leased Premises, the Building, the Outside Areas or the Property from whatever cause (other than Landlord’s sole active negligence or willful misconduct), or (iv) the unauthorized intrusion or entry into the Leased Premises by third parties (other than Landlord). Landlord Notwithstanding the foregoing or, anything in this Lease to the contrary, Tenant shall not be personally liable entitled to terminate this Lease by reason of any such Landlord failure or intrusion. If Tenant is prevented from using and does not use the Leased Premises or any material portion thereof for the conduct of its business, for three (3) consecutive Business Days (the “Eligibility Period”) as a result of (i) the failure in any deficiency material respect of Landlord or its agents or contractors to provide to the Leased Premises any of the utilities and services required to be provided under this LeaseLease (excluding failure caused by Tenant or any Tenant Party or due to the occurrence of a casualty or condemnation), or (ii) because of the presence of Hazardous Materials in, on or around the Building or the Leased Premises which were not caused or introduced by Tenant or any Tenant Party and which Hazardous Materials pose an imminent material and significant health risk to occupants of the Premises as determined by an industrial hygienist or other comparable public health professional, then, in any and all such events, Tenant’s obligation to pay Base Monthly Rent, Tenant’s Operating Payment and Tenant’s Tax Payment shall be abated or reduced, as the case may be, from and after the first day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears to the total rentable square feet of the Premises. If Landlord is a partnership or joint ventureFor purposes of this Paragraph, then the partners of such partnership Tenant shall not be personally liable deemed to have used the Leased Premises for Landlord’s obligations under this Lease, and no partner the conduct of Landlord shall be sued or named its business as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction result of the partnership or joint venture. If Landlord is a corporationpresence of limited numbers of employees of Tenant who are present within the Leased Premises performing activities such as securing the Leased Premises, then the shareholders, directors, officers, employees removing files and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, computers and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party engaging in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a other limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordcommercial activities. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (PMC Sierra Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or Landlord, (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project and/or (d) any insurance proceeds or condemnation awards received by Landlord in connection with a casualty loss or condemnation of the Building or Project. 35.2. Neither Landlord nor any of its affiliates, nor any of their respective partners, shareholders, directors, officers, employees, members or agents shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations or any deficiency under this Lease, and no partner service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord or any of Landlord’s affiliates. No partner, shareholder, director, officer, employee, member or agent of Landlord or any of its affiliates shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the partnership, joint venture or limited liability company, as applicable. No partner, shareholder, director, officer, employee, member or agent of Landlord or any of its affiliates shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, officer, employee, member or agent of LandlordLandlord or any of its affiliates. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (REGENXBIO Inc.)

Limitation of Landlord’s Liability. 35.1. If Any provisions of this Lease to the contrary notwithstanding, Tenant hereby agrees that no personal or entity liability of any kind or character (including, without limitation, the payment of any judgment) whatsoever now attaches or at any time hereafter under any condition shall attach to Landlord is in default or any of Landlord’s Related Parties or any mortgagee for payment of any amounts payable under this Lease and, as a consequence, or for the performance of any obligation under this Lease. The exclusive remedies of Tenant recovers a monetary judgment against Landlord, for the judgment failure of Landlord to perform any of its obligations under this Lease shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy to proceed against the rightinterest of Landlord in and to the Project. The provision contained in the foregoing sentence is not intended to, title and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors in interest or any suit or action in connection with enforcement or collection of amounts which may become owing or payable under or on account of insurance maintained by Landlord. In no event shall Landlord be liable to Tenant, or any interest of Landlord in the Building and Project be subject to execution by Tenant, for any indirect, special, consequential or punitive damages. Notwithstanding the Projectforegoing, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. event that Landlord shall not be personally adjudicated, according to a final non-appealable judgment, to be liable to Tenant for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations damages arising under this Lease, and no partner such liability of Landlord shall be sued or named as a party in any suit or action, and service of process shall cannot be made against any partner satisfied by Landlord’s interest in the Project or from the proceeds of Landlord’s insurance to the extent applicable, Tenant shall have the right to satisfy the remaining liability of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlordby offsetting against fifty percent (50%) Tenant’s monthly Rent obligations under this Lease, and no shareholder, director, officer, employee or agent Lease until the liability of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then under the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordhas been satisfied. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Texas Roadhouse, Inc.)

Limitation of Landlord’s Liability. 35.129.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the ProjectPremises, (b) rent or other income from such real property receivable by Landlord or Landlord, (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or Premises and (d) any casualty insurance proceeds which Landlord receives for damage to the ProjectPremises. 35.229.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee or agent of Landlord. 29.3. If Tenant is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Tenant’s obligations under this Lease, and no partner of Tenant shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Tenant except as may be necessary to secure jurisdiction of the partnership or joint venture. If Tenant is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Tenant’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Tenant shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Tenant. If Tenant is a limited liability company, then the members of such limited liability company shall not be personally liable for Tenant’s obligations under this Lease, and no member of Tenant shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Tenant except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of LandlordTenant shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee or agent of Tenant. Notwithstanding the foregoing, in no event shall the provisions of this Section 29.3 relieve Tenant’s partners, shareholders, directors, employees, members or agents of any personal liability arising out of, or in connection with, such partner’s, shareholder’s, director’s, employee’s, member’s or agent’s gross negligence or willful misconduct. 35.329.4. Each of the covenants and agreements of this Article 29 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Illumina Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Premises, and the Project, (b) out of rent or other income from such real property the Premises receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s 's right, title or title, and interest in the Building or the ProjectPremises. 35.2. 31.2 Neither Landlord nor Landlord's Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and statute or by common law. 31.4 Notwithstanding the foregoing, University Center LLC shall survive remain liable for the expiration or earlier termination of this Leasein matters set forth in Section 28.2.

Appears in 1 contract

Samples: Sublease Agreement (Amylin Pharmaceuticals Inc)

Limitation of Landlord’s Liability. 35.1INDEMNIFICATION: --------------------------------------------------- A. All Tenant Improvements and/or personal property placed or moved onto the Premises and/or Premises Budding will be at the sole risk of Tenant or other owner. If Landlord will not be liable to Tenant or others for any damage to person or property arising from theft, vandalism, any act or omission of any co-tenant or occupant of Suniland Center or of any other person, or otherwise, unless caused by the act or omission of Landlord or any of Landlord's agents or employees. B. Notwithstanding any contrary provision of this Lease: (i) Tenant will look solely (to the extent insurance coverage is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, not applicable or available) to the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord (or its successor as Landlord hereunder) in the Building and Suniland Center for the Project, (b) rent satisfaction of any judgment or other income from such real property receivable judicial process requiring the payment of money as a result of any negligence or breach of this Lease by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing its successor or other disposition of all or any part of Landlord’s right's managing agent (including any beneficial owners, title partners, corporations and/or others affiliated or interest in any way related to Landlord or such successor or managing agent) and Landlord has no personal liability hereunder of any kind, and (ii) Tenant's sole right and remedy in any action or proceeding concerning Landlord's reasonableness (where the same is required under this Lease) will be an action for declaratory judgment and/or specific performance. C. Each party agrees to indemnify, defend and hold harmless the other party and their respective agents from and against all claims, causes of actions, liabilities, judgments, damages, losses, costs and expenses, including reasonable attorneys' fees and costs through all appeals, incurred or suffered by the indemnified party and arising from or in any way connected with the Premises and/or Premises Building or the Project. 35.2. Landlord shall not be personally liable for use thereof and caused by any deficiency under this Lease. If Landlord is a partnership acts, omissions, neglect or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction fault of the partnership indemnifying party or joint venture. If Landlord is a corporationits agents, then the shareholdersincluding, directorsbut not limited to, officers, employees and agents any breach of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive any death, personal injury or property damage occurring in or about the expiration Premises and/or Premises Building or earlier termination of this LeaseSuniland Center.

Appears in 1 contract

Samples: Shopping Center Space Lease (Florida Savings Bancorp Inc)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord”, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of Landlord’s interest in the Property, and in the event of any transfer or transfers of such title to said property, Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or shall, subject as aforesaid, be binding on Landlord, its successors and assigns, only during and in respect of their respective period of ownership of such interest in the Building Property. Notwithstanding the foregoing, in no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to Landlord, be treated as an assumption by operation of law or the Project. 35.2otherwise, of Landlord’s obligations hereunder. Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. The seller-lessee, and its successors in title, shall be Landlord hereunder unless and until such purchaser expressly assumes in writing Landlord’s obligations hereunder. Tenant shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Property (and the rents, issues, profits and other proceeds derived in connection therewith), and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord ever be personally liable for any deficiency under this Leasesuch liability. If In addition, Landlord is a partnership or joint venture, then hereby notifies Tenant that the partners Declaration of such partnership shall not be personally liable for Landlord’s obligations under this LeaseTrust of Landlord provides, and Tenant agrees, that no partner of Landlord shall be sued or named as a party in any suit or actiontrustee, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholderofficer, director, officergeneral or limited partner, member, shareholder, beneficiary, employee or agent of Landlord (including any person or entity from time to time engaged to supervise and/or manage the operation of Landlord) shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.held to

Appears in 1 contract

Samples: Lease Agreement (Archer Aviation Inc.)

Limitation of Landlord’s Liability. 35.1. If Landlord is Except as provided in default under the following sentence of this Lease and, as a consequenceSection 8.4, Tenant recovers a monetary shall look solely to Landlord's interest in the Project for the recovery of any judgment against Landlord, the judgment it being agreed that neither Landlord (and its partners, officers, directors and shareholders) nor any mortgagee shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not ever be personally liable for any deficiency such judgment. In the event of a transfer by Landlord of its interest in the Project, Tenant may proceed against the net sales proceeds received from such transfer for the recovery of any claim that accrued prior to such transfer so long as Tenant has given Landlord written notice of the claim and Tenant commences an action to recover on such claim within six (6) months after consummation of the transfer. In the event that the sale proceeds from any such transfer have been distributed to the owners (e.g., partners, shareholders, members) of the transferring Landlord prior to the commencement of Tenant's claim, the liability of each owner for such claim shall be limited to that portion of the sale proceeds actually received by such owner. In addition, Tenant also agrees that Tenant shall not be entitled to recover from Landlord nor any of its agents, employees, officers, partners, servants or shareholders any indirect, special or consequential damages Tenant may incur as a result of a default under this LeaseLease or other action by Landlord, its agents, employees, officers, partners, servants or shareholders. If The provisions contained in the foregoing sentences are not intended to, and shall not, limit any right that Tenant might otherwise have to (i) obtain injunctive relief against Landlord is a partnership or joint ventureLandlord's successors in interest, then the partners or (ii) any suit or action in connection with enforcement or collection of such partnership shall amounts which may become owing or payable under or on account of insurance maintained by Landlord, or (iii) any other action which does not require Landlord to be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of damages from assets other than the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordProject. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Space Lease Agreement (FSP Phoenix Tower Corp)

Limitation of Landlord’s Liability. 35.1. If To the extent covered by Landlord's insurance, Landlord is shall be responsible or liable for latent defects, deterioration, or change in default the condition of the Building, the Common Areas, or the Leased Premises, and for any damage resulting therefrom, whether to person or property, or for loss to any property of Tenant as a result of theft or misplacement, or for inconvenience, business interruption, or loss of business of Tenant for any reason, provided, however, if Landlord fails to keep in place any insurance required under this Lease andLease, as a consequenceLandlord shall be fully liable for, and shall indemnify Tenant against, all such claims. To the extent covered by Tenant's insurance, Tenant recovers a monetary judgment shall indemnify and hold Landlord harmless from and against Landlordany and all claims arising out of Tenant's use or occupancy of, or from any other activity permitted or suffered by Tenant in or about the Leased Premises, the judgment Building, or the Common Areas; provided, however, if Tenant fails to keep in place any insurance required under this Lease, Tenant shall be satisfied only out fully liable for, and shall indemnify Landlord against, all such claims. Regardless of (a) the proceeds of sale received on execution of the judgment and levy against the rightany other provision in this Lease, title and interest of if Landlord defaults in the Building performance of any of its obligations, Tenant agrees to look solely to Landlord's insurance and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or 's interest in the Building or to the Project. 35.2undistributed proceeds of any sale of the Building for the satisfaction of any judgment obtained by Tenant as a result of any default, and Tenant shall not otherwise seek any personal money judgment against Landlord or any of its officers, directors, Landlord's Initials:_________ Tenant's Initials:_________ stockholders, or partners. Landlord The foregoing shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership deemed to limit Tenant's right, if any, to obtain equitable remedies such as injunctive relief or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordspecific performance. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Full Service Office Lease (Portfolio Recovery Associates Inc)

Limitation of Landlord’s Liability. 35.1. If Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord is in default under this Lease and, (including as a consequence, Tenant recovers a monetary judgment against to any actual or alleged breach or default by Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution do not constitute personal obligations of the judgment and levy against the rightindividual members, title and interest of Landlord in the Building and the Projectinvestors, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholderspartners, directors, officers, employees or shareholders of Landlord or Landlord’s members or partners, and agents of such corporation Tenant shall not be personally liable for seek recourse against the individual members, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s obligations under members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction consideration of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required benefits accruing hereunder to answer or otherwise plead to any service of process, Tenant and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or imposed alleged failure, breach or default hereunder by Applicable Laws Landlord), shall be limited solely to, Landlord’s interest in the Property (which shall include any rents, sales, insurance and/or condemnation proceeds), and no other assets of Landlord. The provisions contained in the foregoing are not intended to, and shall survive not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors in interest or any suit or action in connection with enforcement or collection of amounts which may become owing or payable under or on account of insurance maintained by Landlord. Nothing herein shall prohibit or limit Tenant from recovering against Landlord damages resulting from Landlord’s wrongful misappropriation of insurance proceeds or condemnation proceeds if Landlord was required, pursuant to the expiration terms of this Lease, to repair the Building or earlier termination the Premises and failed to do so as a result of such misappropriation. The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Landlord are concerned, shall be limited to mean and include only the owner or owners, at the time in question, of the fee title to, or a lessee’s interest in a ground lease of, the Property. In the event of any transfer or conveyance of any such title or interest (other than a transfer for security purposes only) and the assumption by any subsequent transferee of all of the obligations of “Landlord” hereunder, the transferor shall be automatically relieved of all future covenants and obligations on the part of Landlord contained in this Lease. Landlord and Landlord’s transferees and assignees shall have the absolute right to transfer all or any portion of their respective title and interest in the Premises, the Building, the Property and/or this Lease without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a violation on Landlord’s part of any of the terms and conditions of this Lease.

Appears in 1 contract

Samples: Office Lease (Tw Telecom Inc.)

Limitation of Landlord’s Liability. 35.1. 36.1 If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. 36.2 Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. 36.3 Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Epizyme, Inc.)

Limitation of Landlord’s Liability. 35.1. If The term “Landlord”, so far as covenants or obligations to be performed by Landlord is are concerned, shall be limited to mean and include only the owner or owners at the time in default under question of Landlord’s interest in the Property, and in the event of any transfer or transfers of such title to said property, Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease andthereafter to be performed, as a consequence, Tenant recovers a monetary judgment against Landlord, it being intended hereby that the judgment shall be satisfied only out of (a) covenants and obligations contained in this Lease on the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or shall, subject as aforesaid, be binding on Landlord, its successors and assigns, only during and in respect of their respective period of ownership of such interest in the Building Property. Notwithstanding the foregoing, in no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to Landlord, be treated as an assumption by operation of law or the Project. 35.2otherwise, of Landlord’s obligations hereunder. Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. The seller-lessee, and its successors in title, shall be Landlord hereunder unless and until such purchaser expressly assumes in writing Landlord’s obligations hereunder. Tenant shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Property, and Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord ever be personally liable for any deficiency under this Leasesuch liability. If In addition, Landlord is a partnership or joint venture, then hereby notifies Tenant that the partners Declaration of such partnership shall not be personally liable for Landlord’s obligations under this LeaseTrust of Hub Properties Trust provides, and Tenant agrees, that no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, directortrustee, officer, shareholder, employee or agent of Landlord Hub Properties Trust shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead held to any service of processpersonal liability, and no judgment shall be taken jointly or writ of execution levied against severally, for any partnerobligation of, shareholderor claim against, director, employee, member or agent of LandlordHub Properties Trust. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Stellar Acquisition III Inc.)

Limitation of Landlord’s Liability. 35.1. 35.1 If Landlord is in default under this Lease and, as a consequence, Tenant Xxxxxx recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent rent, casualty proceeds, condemnation awards or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. 35.2 Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. 35.3 Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under this Lease andSection 11.1 Limitation of Landlord's Liability Tenant, as a consequencematerial part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims caused by or resulting in any way, directly or indirectly, from any action or failure to act (excluding those which may be willful misconduct or grossly negligent) of Landlord, its agents, servants or employees, which Tenant recovers a monetary judgment or Tenant's successor or assigns may have against Landlord, its agents, servants and employees, for loss, theft or damage to property and for injuries to persons in, upon or about the judgment Leased Premises, the Building or the Project from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees harmless from and on account of any damage or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the Leased Premises by Tenant, or arising from the failure of Tenant to keep the Leased Premises in good condition as herein provided. Neither Landlord nor its agents, servants or employees shall be satisfied only out liable to Tenant for any damage by or from any act or failure to act of (a) the proceeds of sale received on execution any tenant or other occupant of the judgment and levy against Project or the rightBuilding, title and interest or by any owner or occupant of Landlord in adjoining or contiguous property. Tenant agrees to pay for all damage to the Project, the Building and the Leased Premises, as well as all damage to tenants or occupants thereof caused by Tenant (including, but not limited to, Tenant's misuse or neglect of the Leased Premises, its apparatus or appurtenances), or caused by any licensee, contractor, agent or employee of Tenant. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or any occupant of the Leased Premises that is on the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Leased Premises shall be there at the risk of Tenant or such other person only, and Landlord and its agents or employees shall not be personally liable liable, unless the same results from the gross negligence or willful misconduct of Landlord, its agents, servants or employees, for any deficiency under this Leasedamage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever; nor for any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or from any other cause whatsoever; nor for interference with light or any other incorporeal hereditaments, nor for any latent defect in the Leased Premises or in the Building or the Land. If Landlord It is intended, and is a partnership or joint venture, then the partners requirement of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents that Tenant insure all of such corporation shall not be personally liable for Landlord’s obligations under this Lease, items and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members all of such limited liability company risks. Tenant shall not be personally liable for Landlord’s obligations under this Leasegive prompt notice to Landlord in case of fire, and no member casualty or accidents in the Leased Premises or in the Building or in case of Landlord shall be sued defects therein or named as a party in any suit the fixtures or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordequipment therein. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Stratagene Corp)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under shall fail to perform any covenant, term or condition of this Lease and, lease upon Landlord's part to be performed and as a consequence, consequence of such default Tenant recovers shall recover a monetary money judgment against Landlord, the such judgment shall be satisfied only out of (ai) the proceeds of sale received on upon execution of the such judgment and levy thereon against the right, title and interest of Landlord in the Building and the Projectdemised premises, (bii) rent or other any net income from such real property receivable by Landlord Landlord, when and as be accorded Tenant by law or under the terms of this lease by reason of Landlord's failure to perform its obligations thereunder received (ci.e. net of all ad valorem taxes and operating expenses [including debt service]), and (iii) the consideration received by Landlord from the sale, financing, refinancing sale or other disposition (other than a mortgage) of all or any part of Landlord’s 's right, title or and interest in the Building demised premises (which consideration shall be deemed to include any assets at any time held by Landlord having a value not exceeding that of the proceeds of such sale or the Project. 35.2. other disposition), and Landlord shall not be personally liable for any deficiency deficiency; provided, however, that in the event of Landlord's failure to perform any covenant or obligation of Landlord under this Lease. If the article hereof, captioned "CONDEMNATION", following a taking of all or any part of the demised premises any judgment recovered by Tenant as a consequence thereof may also be satisfied out of the condemnation award, as the case may be, payable to Landlord is as a partnership or joint venture, then the partners result of such partnership taking. The provisions of this article shall not be personally liable for deemed to deny to Tenant, or limit its right to obtain injunctive relief of Landlord’s obligations 's covenants under this Leaselease or to avail itself of any other right or remedy, and no partner including specific performance (not involving a personal liability of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction excess of the partnership limits of personal liability fixed by this article, or joint venture. If Landlord is a corporationin the case of specific performance, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction enforcement of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord's obligations to the extent that Landlord shall be required to answer expend more than the limits of personal liability fixed by this article, less all amounts previously paid to Tenant as liquidated damages pursuant to the terms of this lease) which may be accorded Tenant by law or otherwise plead to any service under the terms of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent this lease by reason of Landlord's failure to perform its obligations thereunder. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Limitation of Landlord’s Liability. 35.1. If Tenant agrees that, in the event of any default or breach by Landlord is in default under this Lease andor arising in connection herewith or with Landlord’s operation, as a consequencemanagement, leasing, repair, renovation, alteration or any other matter relating to the Project or the Premises, Tenant recovers a monetary judgment shall not assert nor seek to enforce any claim for breach of this Lease against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or assets other than Landlord’s interest in the Building Project including the accounts and rent payments relating thereto. For purposes of this Lease, “Landlord Parties” shall mean, collectively Landlord, its partners, shareholders, officers, directors, employees, investment advisors, or any successor in interest of any of them. Except as otherwise provided herein, neither Landlord, nor any of the Project. 35.2Landlord Parties shall have any personal liability therefor, and Tenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. The limitations of liability contained in this Paragraph 18 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Except as otherwise provided, herein, neither Landlord nor the Landlord Parties shall be liable under any circumstances for injury or damage to, or interference with Tenant’s business, including but not limited to, loss or profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring. The provisions of this section shall apply only to the Landlord and the parties herein described, and shall not be personally liable for the benefit of any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in insurer nor any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordother third party. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Concur Technologies Inc)

Limitation of Landlord’s Liability. 35.1Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). If Upon any sale or transfer of the Building, the transferor Landlord is in default under this Lease (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, as a consequencesubject to Section 9.1, Tenant recovers a monetary judgment shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant (and each person acting under Tenant) agrees to look solely to Landlord’s interest from time to time in the Property, and the rents, income and profits therefrom, for satisfaction of any claim against Landlord. No owner, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the righttrustee, title and interest beneficiary, partner, member, manager, agent, or employee of Landlord in the Building and the Project, (bor of any mortgagee or any lender or ground or improvements lessor) rent shall ever be personally or other income from such real property receivable individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or (c) the consideration received failure by Landlord from to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the sale, financing, refinancing Premises; nor shall it or other disposition they ever be answerable or liable in any equitable judicial proceeding or order beyond the extent of all or any part of Landlord’s right, title or their interest in the Building Property and the rents, income and profits therefrom. No deficit capital account of any member or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as deemed to be a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents liability of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee member or agent of Landlord shall be sued partner or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent an asset of Landlord. If In no event shall Landlord is a limited liability company, then the members of (or any such limited liability company shall not persons) ever be personally liable to Tenant for Landlord’s obligations under this Lease, and no member of Landlord shall be sued indirect or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordconsequential damages. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Digitas Inc)

Limitation of Landlord’s Liability. 35.1. 31.1 If Landlord is in default under of this Lease andLease, and as a consequence, Tenant recovers a monetary money judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title title, and interest of Landlord in the Building Project of which the Premises are a part, and the Projectout of rent, (b) rent insurance proceeds, condemnation awards or other income from such real property or relating to the Project receivable by Landlord or (c) out of the consideration received by Landlord from the sale, financing, refinancing sale or other disposition of all or any part of Landlord’s right, title or title, and interest in the Building or and Project of which the ProjectPremises are a part. 35.2. 31.2 Neither Landlord nor Landlord’s Agents shall not be personally liable for any deficiency under this Leaseexcept to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any partner of Landlord Landlord, except as may be necessary to secure jurisdiction of the partnership or joint ventureventure or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, then the shareholders, directors, officers, employees and employees, and/or agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any shareholder, director, officer, employee employee, or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. If Landlord is a limited liability company, then the members members, managers, officers, employees, and/or agents of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member member, manager, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, and or service of process shall not be made against any member member, manager, officer, employee, or agent of Landlord Landlord, except as may be necessary to secure jurisdiction of the limited liability companycorporation. No partner, shareholder, director, member, manager, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, process and no judgment shall will be taken or writ of execution levied against any partner, shareholder, director, member, manager, employee, member or agent of Landlord. 35.3. 31.3 Each of the covenants and agreements of this Article 31 shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration statute or earlier termination of this Leaseby common law.

Appears in 1 contract

Samples: Lease Agreement (Salmedix Inc)

Limitation of Landlord’s Liability. 35.1. If Any liability of Landlord is in default (including, without limitation, Landlord's direct or indirect partners, shareholders, members, affiliates, or agents, and the officers, directors, members and employees of Landlord or any such other person) (collectively, "Landlord Parties") to Tenant under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) limited to the proceeds of sale received on execution of the judgment and levy against the right, title and equity interest of Landlord in the Building and Tenant agrees to look solely to such interest for the Projectrecovery of any judgment, (b) rent or it being intended that Landlord and such other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord persons shall not be personally liable for any deficiency under or judgment. Notwithstanding any other provision of this Lease. If , Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Leaseloss of or damage to artwork, currency, jewelry, bullion, unique or valuable documents, securities or other valuables, or for other property not in the nature of ordinary fixtures, furnishings and no partner of Landlord shall be sued or named as a party equipment used in any suit or action, general administrative and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint ventureexecutive office activities and functions. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained Wherever in this Lease Tenant (i) releases Landlord from any claim or imposed by Applicable Laws liability, (ii) waives or limits any right of Tenant to assert any claim against Landlord or to seek recourse against any property of Landlord or (iii) agrees to indemnify Landlord against any matters, the relevant release, waiver, limitation or indemnity shall run in favor of and apply to Landlord and Landlord Parties. Further, in no event shall survive the expiration Landlord or earlier termination Landlord Parties be liable under any circumstances for any consequential damages or for injury or damage to, or interference with, Tenant's business, including but not limited to, loss of this Leaseprofits, loss of rents or other revenues, loss of business opportunity, loss of goodwill, or loss of use, however occurring.

Appears in 1 contract

Samples: Office Lease (Cnet Networks Inc)

Limitation of Landlord’s Liability. 35.1The term "Landlord" as used in this Lease so far as covenants or obligations to be performed by Landlord are concerned, shall be limited to mean and include only the owner or owners at the time in question of the Property, and in the event of any transfer or transfers of title to said Property, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance of all liability as respects the performance of any covenants or obligations on the part of the Landlord contained in this Lease thereafter to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord, shall, subject as aforesaid, be binding on the Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership of said Leasehold interest or fee, as the case may be. If Notwithstanding the foregoing (1) Landlord is in default shall not be released from its obligations under this Lease andunless the transferee agrees in writing, as a consequence, Tenant recovers a monetary judgment against Landlord, for the judgment shall be satisfied only out of (a) the proceeds of sale received on execution benefit of the judgment Tenant, to assume Landlord's obligations under the Lease from and levy against after the rightdate of transfer; and (2) if Landlord assigns its interest in this Lease as additional security, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by this assignment shall not release Landlord from the saleits obligations under this Lease. Tenant, financingits successors and assigns, refinancing or other disposition shall not assert nor seek to enforce any claim for breach of all or this Lease against any part of Landlord’s right, title or 's assets other than Landlord's interest in the Building Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability or the Project. 35.2. claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall not Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any deficiency under this Leasesuch liability. If Landlord hereby covenants and represents that it is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then date of this Lease the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction sole owner of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, Building and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordthe Property. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Skillsoft Corp)

Limitation of Landlord’s Liability. 35.1. If Landlord is Notwithstanding any provision to the contrary contained in default under this Lease and, as a consequenceLease, Tenant recovers a monetary judgment against Landlord, shall look solely to the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title estate and interest of Landlord in and to the Land and the building, and Landlord shall have no personal liability, in the even of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Leased Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Leased Premises shall be limited solely to such estate or interest of Landlord in and to the Land and the Building and that Landlord shall have no personal liability as provided above in this sentence. No properties or assets of Landlord other than the Projectestate and interest of Landlord in and to the Land and the Building, (b) rent and no property owned by any partners, officer, member, director or trustee in or of Landlord. shall be subject to levy, execution or other income from such real property receivable by Landlord or re-enforcement procedures for the satisfaction of any judgment (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition judicial process) or for the satisfaction of all any other remedy of Tenant arising out of or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under connection with this Lease, and no partner the relationship of Landlord and Tenant or Tenant's use of the Leased Premises. Further, in no event whatsoever shall be sued any partner, officer, member, director or named as a party trustee in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction have any liability or responsibility whatsoever arising out of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under in connection with this Lease, and no shareholder, director, officer, employee or agent the relationship of Landlord shall be sued and Tenant or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction Tenant's use of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of LandlordLeased Premises. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Limitation of Landlord’s Liability. 35.1. If Landlord is in default under shall not be liable to Tenant for injury to Tenant or any of the Tenant Parties, or damage to property of Tenant or any Tenant Parties, or loss of Tenant’s or any Tenant Parties’ business or profits, nor shall Tenant be entitled to terminate this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out or to any reduction in or abatement of rent by reason of (ai) Landlord’s failure to provide security services or systems within the proceeds of sale received on execution Property or the Project for the protection of the judgment and levy against the rightLeased Premises, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Common Areas, or the protection of Tenant’s property or any of the Tenant Parties, or (ii) Landlord’s failure to perform any maintenance or repairs to the Leased Premises, the Building, the Common Areas, the Property, or the Project until Tenant, with respect to repairs within the Leased Premises only, shall have first notified Landlord, in writing, of the need for such maintenance or repairs, and then only after Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is have had a partnership or joint venture, then the partners reasonable period of time following its receipt of such partnership shall not be personally liable for notice within which to perform such maintenance or repairs, or (iii) any failure, interruption, rationing or other curtailment in the supply of water, electric current, gas or other utility service to the Leased Premises, the Building, the Common Areas, the Property, or the Project from whatever cause (other than the gross negligence or willful misconduct of Landlord, its employees, agents, guests, invitees or contractors), or (iv) the unauthorized intrusion or entry into the Leased Premises by third parties (other than Landlord, and those employees, agents or contractors entering the Leased Premises at Landlord’s request). Notwithstanding the foregoing, to the extent in Landlord’s reasonable control, Landlord shall take all commercially reasonable steps to minimize the duration of any failure, interruption, rationing or other curtailment of any utility service that is not separately metered to the Leased Premises. In addition, in the event that Tenant is unable to use the Leased Premises for the conduct of its normal business operations due to the failure of Landlord to comply with its obligations under this Leasehereunder, including without limitation the provision of HVAC and utilities, and no partner of Landlord such inability continues for three (3) or more business days following written notice from Tenant to Landlord, Base Rent and Additional Rent shall be sued or named abated for each day following such third (3) business day until such service has been restored in proportion to the portion of the Leased Premises that Tenant is unable to use as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlordresult thereof. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

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