Limitation of Landlord’s Liability. The 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, 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 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 10 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Cynosure Inc), Termination Agreement (ConforMIS Inc)
Limitation of Landlord’s Liability. The term “Landlord” obligations of Landlord under the Lease as used in amended by this Lease, so far as covenants or Amendment do not constitute personal 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 Propertyindividual partners, members, directors, officers, shareholders, trustees or beneficiaries of Landlord, and in 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. In the event of any transfer or transfers of title to said propertydefault by Landlord under the Lease as amended by this Amendment, the Landlord (Tenant’s sole and in case of any subsequent transfers or conveyances, the then grantor) exclusive remedy 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 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. 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 Property Building and the real property on which it is located. The provisions of this paragraph are not designed to relieve Landlord from the performance of any of its obligations hereunder, but rather to limit Landlord’s liability in the rentscase of the recovery of a judgment against it, issues and profits thereofas aforesaid, and Tenant agrees nor shall any of the provisions of this paragraph be deemed to look solely limit or otherwise affect Tenant’s right to such interest for the satisfaction obtain injunctive relief or specific performance or availability of any liability other right or claim against Landlord under this remedy which may be accorded Tenant by law or the Lease, it being specifically agreed that in no . In the event whatsoever shall Landlord (which term shall include, without limitation, any general of sale or limited partner, trustees, beneficiaries, officers, directors, or stockholders other transfer of Landlord) ever ’s right, title and interest in the Building, Landlord shall be personally liable for 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 liabilitypurchaser or transferee.
Appears in 7 contracts
Samples: Lease Amendment Nine (Mesa Air Group Inc), Lease (Digitalglobe, Inc.), Lease (Wells Real Estate Fund Xiii L P)
Limitation of Landlord’s Liability. The 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, 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 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 5 contracts
Samples: Office Lease (Trine Acquisition Corp.), Office Lease (Lemaitre Vascular Inc), Office Lease (Avedro Inc)
Limitation of Landlord’s Liability. The term “obligations of Landlord hereunder shall be binding upon Landlord and each succeeding owner of Landlord” as used ’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. 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 any manner related to this Lease, so far as covenants the Premises or obligations to be performed by Landlord are concernedTenant’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 limited satisfied out of Landlord’s equity in the land and buildings then comprising Landlord’s Property owned by Landlord to mean the extent then owned by Landlord and include only the owner or owners at the time in question of the Propertyproceeds 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 event such Person is a guarantor 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 Tenant’s 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Person executing this Lease on behalf of Landlord (which term shall includeor Tenant, without limitation, nor any general or limited partner, trusteesor any officer, beneficiariesdirector, officersemployee, directorsmember, trustee, beneficiary, or stockholders other owner of Landlord) ever Landlord or Tenant, nor of any subsequent Landlord or Tenant shall have any personal liability hereunder. The remedies provided to Tenant in this Lease are exclusive, and Landlord will not be personally liable for under any such liabilitytheory of recovery, whether based on contract, tort or otherwise.
Appears in 4 contracts
Samples: Lease (Morphic Holding, Inc.), Lease (Morphic Holding, Inc.), Lease (Morphic Holding, Inc.)
Limitation of Landlord’s Liability. The 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, 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 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. 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 Property and in the rents, issues and profits proceeds thereof, 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 (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 such liability.
Appears in 3 contracts
Samples: Office Lease (Avid Technology, Inc.), Office Lease (Avid Technology, Inc.), Commencement Date Agreement (Avid Technology, Inc.)
Limitation of Landlord’s Liability. 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 term word “Landlord” as is used in this Lease, so far as covenants or obligations Lease 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, without any further instrument or agreement of all liability named above 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 well as aforesaid, be binding on the Landlord, its successors and assigns, only during each of whom shall have the same rights, remedies, powers, authorities and in respect of their respective successive periods of ownership of said leasehold interest privileges as it would have had it originally signed this Lease as Landlord. Any such person, whether or fee, as the case may be. Tenant, its successors and assignsnot named herein, shall not assert have no liability hereunder after it ceases to hold title to the Premises except for obligations which may have theretofore accrued. Neither Landlord nor seek 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 enforce any claim for breach of the provisions of this Lease against any of Landlord’s assets other than Landlord’s interest in or the Property and in the rents, issues and profits thereofPremises, 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 agrees to look solely to such interest for the satisfaction of any liability of or claim against Landlord under this Lease, it being specifically agreed that Lease beyond the equity of the Landlord in no event whatsoever shall 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 such liabilitythe Building and the Land.
Appears in 2 contracts
Samples: Center Lease (Mulesoft, Inc), Center Lease (Mulesoft, Inc)
Limitation of Landlord’s Liability. The term “Landlord” as used in Any provisions of this Lease---------------------------------- Lease to the contrary notwithstanding, so far as covenants Tenant hereby agrees that no personal, partnership 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 corporate liability of any transfer kind or transfers of title to said propertycharacter (including, without limitation, the Landlord (and in case payment of any subsequent transfers judgment) whatsoever now attaches or conveyances, the then grantor) at any time hereafter under any condition shall be concurrently freed and relieved from and after the date attach to Landlord or any of such transfer Landlord's Related Parties or conveyance, without any further instrument mortgagee for payment of any amounts payable under this Lease or agreement of all liability as respects for 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. 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 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 claim against Landlord obligation under this Lease. The exclusive remedies of Tenant for the failure of Landlord to perform any of its obligations under this Lease shall be to proceed against the interest of Landlord in and to the Project and/or the proceeds of insurance or condemnation. The provision contained in the foregoing sentence is not intended to, it being specifically agreed 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 whatsoever shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directorsbe liable to Tenant, or stockholders any interest of Landlord) ever Landlord in the Project be personally liable subject to execution by Tenant, for any such liabilityindirect, special, consequential or punitive damages.
Appears in 2 contracts
Samples: Lease Agreement (Network Access Solutions Corp), Lease Agreement (Network Access Solutions Corp)
Limitation of Landlord’s Liability. The 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, 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property and in the rents, issues and profits thereof, and Tenant Xxxxxx 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 (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 such liability.
Appears in 2 contracts
Samples: Ibasis Inc, Ezenia Inc
Limitation of Landlord’s Liability. The 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 PropertyLeased Premises, and in the event of any transfer or transfers of title to said propertythe Leased Premises, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently automatically freed and relieved relief from and after the date of such transfer or conveyance, without any further instrument or agreement 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, 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 beLeased Premises. Tenant, its successors and assigns, agrees it shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property Leased Premises 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders beneficiary of Landlordany trust of which Landlord is a trustee) ever be personally liable for any such liability.
Appears in 2 contracts
Samples: Lease (Technest Holdings Inc), Lease (Technest Holdings Inc)
Limitation of Landlord’s Liability. The 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, 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 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. 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 Property and in the rents, issues and profits thereof, and Tenant Xxxxxx 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 (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 such liability.
Appears in 2 contracts
Samples: Office Lease (Capstone Dental Pubco, Inc.), Lantheus Holdings, Inc.
Limitation of Landlord’s Liability. The term “Landlord” as used Notwithstanding any ---------------------------------- provision to the contrary contained herein, Tenant shall look solely to the estate and interest of Landlord in this Lease, so far as covenants or obligations and to be performed by Landlord are concerned, shall be limited to mean the land and include only the owner or owners at the time in question of the PropertyBuilding, and Landlord shall have no personal liability, in the event of any transfer claim against Landlord arising out of or transfers of title to said propertyin connection with this Lease, the relationship of Landlord (and in case of any subsequent transfers Tenant, 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 Tenant's use 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. 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 Property and in the rents, issues and profits thereofLeased Premises, and Tenant agrees to look 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 estate and interest of Landlord in and to the land and the Building, and no property owned by any partner of Landlord, shall be subject to levy, execution or other enforcement procedures for the satisfaction of any liability judgment (or claim against Landlord under other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, it being specifically agreed that the relationship of Landlord and Tenant or Tenant's use of the Leased Premises. Further, in no event whatsoever shall any partner in Landlord (which term shall includehave any liability or responsibility whatsoever arising out of or in connection with this Lease, without limitation, any general or limited partner, trustees, beneficiaries, officers, directorsthe relationship of Landlord and Tenant, or stockholders Tenant's use of Landlord) ever be personally liable for any such liabilitythe Leased Premises.
Appears in 2 contracts
Samples: Lease Between (Equinix Inc), Lease Between (Equinix Inc)
Limitation of Landlord’s Liability. The term “"Landlord” " as used in this the Lease, so far as covenants or obligations to be performed by Landlord are concerned, concerned shall be limited to mean and include only the owner or owners of the Building, at the time in question of the Propertyquestion, and in the event of any transfer or transfers of title to said property, the Landlord (and in the 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, conveyance without any further instrument or agreement agreement, of all liability as respects the performance of any of Landlord's covenants or obligations on the part of the Landlord contained in this Lease thereafter to be performed, it being intended hereby obligations. It is agreed that the Landlord's covenants and obligations contained in this Lease on the part of Landlord, shall, subject as aforesaid, shall only be binding on the Landlord, its successors and assigns, 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 's assets other than all available insurance proceeds, Landlord’s 's interest in the Property Building and in the rents, issues issue and profits thereof, and Tenant agrees to look solely to such proceeds and 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 Landlord, (which term shall include, without limitation, any general or limited partner, trusteestrustee, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any such liability.
Appears in 2 contracts
Samples: Viryanet LTD, Viryanet LTD
Limitation of Landlord’s Liability. The 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 propertythe 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 agreement, of all liability as respects and obligation with respect to 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 with respect of to their respective successive periods of ownership of said such 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 Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest interests for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in . In no event whatsoever shall Landlord (which term shall includeor any Landlord Affiliates, including, without limitation, any general or limited partner, trustees, beneficiaries, employees, agents, officers, directors, stockholders, managers, or stockholders members of Landlord) Landlord ever be personally liable for any such liabilityliability or obligation of, Landlord whether under this Lease, or at law or in equity.
Appears in 2 contracts
Samples: Commencement Date Agreement (Tokai Pharmaceuticals Inc), Sublease (Tokai Pharmaceuticals Inc)
Limitation of Landlord’s Liability. Section 21.1 The term “"Landlord” " as used in this Lease, so far as covenants or obligations to be performed by Landlord are concerned, Lease shall be limited ------------ to mean and include only the owner or owners of the Landlord's interest in this Lease at the time in question of the Propertyquestion, and in the event of any transfer or transfers of title to said propertysuch interest, the Landlord herein named (and in case of any subsequent transfers or conveyancestransfer, the then grantortransferor) shall be concurrently freed and automatically 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 thereafter to be performedpreformed, provided that any funds in the hands of such Landlord then transferor at the time of such transfer, including but not limited to the security deposit, in which the Tenant had an interest shall be turned over to the transferee and upon any such transfer, the Landlord shall be released from any liability for such fund. The transferee shall be deemed to have assumed, subject to the limitations of this Section, all of the covenants, agreements and conditions on this Lease contained to be preformed on the part of the Landlord, it being intended hereby that the covenants and obligations agreements contained in this Lease on the part of Landlord, shall, subject as aforesaid, the Landlord to be preformed shall 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 beownership. Tenant, its successors and assigns, shall not assert nor seek to enforce Notwithstanding any claim for breach provisions of this Lease against any to the contrary, the liability of Landlord for Landlord’s assets other than Landlord’s 's obligations under this Lease shall not exceed and shall be limited to Landlords interest in the Property Building and Tenant shall not look to any other property or assets of Landlord either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. Neither the shareholder, directors, officers, partners, or any other individuals representatives of the Landlord or any individual owing an interest in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest Landlord shall be liable for the satisfaction performance of any liability or claim against obligation of Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 2 contracts
Samples: Industrial Lease (Nicklebys Com Inc), Industrial Lease (Nicklebys Com Inc)
Limitation of Landlord’s Liability. Section 21.1 The term “"Landlord” " as used in this Lease, so far as covenants or obligations to be performed by Landlord are concerned, Lease shall be limited to mean and include only the owner or owners of the Landlord's interest in this Lease at the time in question of the Propertyquestion, and in the event of any transfer or transfers of title to said propertysuch interest, the Landlord herein named (and in case of any subsequent transfers or conveyancestransfer, the then grantortransferor) shall be concurrently freed and automatically 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 thereafter to be performedpreformed, provided that any funds in the hands of such Landlord then transferor at the time of such transfer, including but not limited to the security deposit, in which the Tenant had and interest shall be turned over to the transferee and upon any such transfer, the Landlord shall be released from any liability for such funds. The transferee shall be deemed to have assumed, subject to the limitations of this Section, all of the covenants, agreements and conditions on this Lease contained to be preformed on the part of the Landlord, it being intended hereby that the covenants and obligations agreements contained in this Lease on the part of Landlord, shall, subject as aforesaid, the Landlord to be preformed shall 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 beownership. Tenant, its successors and assigns, shall not assert nor seek to enforce Notwithstanding any claim for breach provisions of this Lease against any to the contrary, the liability of Landlord for Landlord’s assets other than Landlord’s 's obligations under this Lease shall not exceed and shall be limited to Landlords interest in the Property Building and Tenant shall not look to any other property or assets of Landlord either to enforce Landlord's obligations under this Lease or to satisfy a judgment for Landlord's failure to perform such obligations. Neither the shareholder, directors, officers, partners, or any other individual's representatives of the Landlord or any individual owing an interest in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest Landlord shall be liable for the satisfaction performance of any liability or claim against obligation of Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 2 contracts
Samples: Office Warehouse Premises Lease (Lifeloc Technologies Inc), Office Warehouse Premises Lease (Lifeloc Technologies Inc)
Limitation of Landlord’s Liability. The 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 Landlord’s interest in the Property, and in the event of any transfer or transfers of such 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 agreement, of all liability as respects with respect to 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 period of ownership of said leasehold such interest or fee, as in the case may beProperty. Tenant, its successors and assigns, 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 in the rents, issues and profits thereofProperty, 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 (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 such liability. Tenant furthermore agrees that no trustee, officer, director, general 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 held to any liability, jointly or 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 action taken or omitted for or on behalf of Landlord.
Appears in 2 contracts
Samples: AxoGen, Inc., AxoGen, Inc.
Limitation of Landlord’s Liability. The 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 Landlord’s interest in the Property, and in the event of any transfer or transfers of such 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 agreement, of all liability as respects with respect to 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 period of ownership of said leasehold such interest in the 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 feeotherwise, as the case may beof Landlord’s obligations hereunder. TenantTenant 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 assignsits 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 in the rents, issues and profits thereofProperty, 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 (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 such liability. 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 limited partner, member, shareholder, beneficiary, employee or agent (including any person or entity from time to time engaged to supervise and/or manage the operation of Landlord) of Landlord shall be held to any liability, jointly or 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 action taken or omitted for or on behalf of Landlord. In no event shall Landlord ever be liable to Tenant for any punitive damages or for any loss of business or any other indirect, special or consequential damages suffered by Tenant from whatever cause.
Appears in 2 contracts
Samples: Commercial Lease, Commercial Lease (FusionStorm Global, Inc.)
Limitation of Landlord’s Liability. The 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 Landlord’s interest in the Property, and in the event of any transfer or transfers of such 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 agreement, of all liability as respects with respect to 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 period of ownership of said leasehold such interest in the 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 feeotherwise, as the case may beof Landlord’s obligations hereunder. TenantTenant 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 assignsits 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 in the rents, issues and profits thereofProperty, 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 (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 such liability. Tenant furthermore agrees that no trustee, officer, director, general 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 held to any liability, jointly or 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 action taken or omitted for or on behalf of Landlord.
Appears in 1 contract
Samples: Lease (Cerecor Inc.)
Limitation of Landlord’s Liability. The 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 PropertyBuilding, and in the event of any transfer or transfers of title to said propertyBuilding, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently automatically freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement 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, 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 beProperty. Tenant, for itself and for its successors and assigns, agrees it shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property Building and Appurtenant Land and Improvements 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which Landlord(which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders beneficiary of Landlordany trust of which Landlord is a trustee) ever be personally liable for any such liability.
Appears in 1 contract
Samples: Lease (Embedded Support Tools Corp)
Limitation of Landlord’s Liability. The 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, without any further instrument or agreement agreement, 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability. Landlord hereby covenants and represents that it is as of the Date of this Lease the sole owner of the Building and the Property.
Appears in 1 contract
Limitation of Landlord’s Liability. The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by agreements on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners of Landlord’s interest in this Lease at the time in question of the Propertyquestion, and in the event of any transfer or transfers of title to said propertysuch interest, the except a transfer by way of security, Landlord herein named (and in case of any subsequent transfers or conveyancestransfer, the then grantortransferor) shall be concurrently freed automatically released and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement of all personal liability as respects the performance of any covenants or obligations agreements on the part of the Landlord contained in this Lease thereafter to be performed, provided that any funds in the hands of such Landlord or the transferor at the time of such transfer in which Tenant has an interest or which are being held pursuant to this Lease, shall be turned over to the transferee and any amount then due and payable to Tenant by Landlord or the transferor under any provision of this Lease shall be paid to Tenant, and provided further that upon any such transfer, the transferee shall be deemed to have assumed, subject to the limitation of this Section 17.4, all of the covenants, agreements and conditions in this Lease contained to be performed on the part of Landlord, it being intended hereby that the covenants and obligations agreements contained in this Lease on the part of Landlord, 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 assets other than Landlord’s interest in the 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityownership.
Appears in 1 contract
Samples: Intercompany Master Lease Agreement (Quality Gold Holdings, Inc.)
Limitation of Landlord’s Liability. The 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, 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property and in the rents, issues and profits thereofthereof and any condemnation awards or insurance proceeds relating to the foregoing, and Tenant Xxxxxx 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 (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 such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or to take any other action which shall not involve the personal liability of Landlord or for monetary damages from Landlord's assets other than as provided for herein.
Appears in 1 contract
Samples: Lightbridge Inc
Limitation of Landlord’s Liability. The 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, 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property and in the rents, issues and profits thereof, and Tenant Xxxxxx 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 (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 such liability.
Appears in 1 contract
Samples: Software Com Inc
Limitation of Landlord’s Liability. The 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 propertythe 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 1 contract
Samples: Breakaway Solutions Inc
Limitation of Landlord’s Liability. The 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, 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 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. 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 Property and in the rents, issues and profits thereof, and Tenant Xxxxxx 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 (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 such liability..
Appears in 1 contract
Samples: Lease (Desktop Metal, Inc.)
Limitation of Landlord’s Liability. The term “Landlord” as used in this LeaseIf Landlord shall fail to perform or observe any term, so far as covenants condition, covenant or obligations obligation required to be performed or observed by it under this Lease as provided in Section 15.03 and if Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that Landlord are concernedshall have no personal liability and Tenant shall look solely to Landlord's right, title and leasehold interest in and to the Building for the collection of such judgment; and Tenant further agrees that no other assets of Landlord shall be subject to levy, execution or other process for the satisfaction of Tenant's judgment and that Landlord shall not be liable for any deficiency. The references to "Landlord" in this Lease shall be limited to mean and include only the owner or owners at the time in question of the Property, and leasehold interest in the Building. In the event of any a sale or transfer of such interest (except a mortgage or transfers of title to said propertyother transfer as security for a debt), the Landlord (and "Landlord" initially named herein, or, in the case of any a subsequent transfers or conveyancestransfer, the then grantor) shall be concurrently freed and relieved from and transferor, shall, after the date of such transfer or conveyancetransfer, without any further instrument or agreement of be automatically released from all personal liability as respects for the performance or observance of any covenants term, condition, covenant or obligations on the part of the Landlord contained in this Lease thereafter obligation required to be performedperformed or observed by Landlord hereunder; and the transferee shall be deemed to have assumed all of such terms, it being intended hereby that the conditions, covenants and obligations except as to pre-existing defaults or events of default. The covenants and obligations contained in this Lease on the part of "Landlord, shall, subject as aforesaid, " shall be binding on the Landlord, its successors and assigns, Landlord or any transferor only during and in respect of their respective successive the 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityis a landlord hereunder.
Appears in 1 contract
Limitation of Landlord’s Liability. The 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, 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 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. 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 Property and in the rents, issues and profits thereof, and Tenant Xxxxxx 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 (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 such liability.
Appears in 1 contract
Samples: Lemaitre Vascular Inc
Limitation of Landlord’s Liability. The term “Landlord” Except 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 provided in the event following sentence of this Section 8.4, Tenant shall look solely to Landlord's interest in the Project for the recovery of any transfer or transfers of title to said propertyjudgment against Landlord, the it being agreed that neither 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 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiariespartners, officers, directors, or stockholders of Landlorddirectors and shareholders) nor any mortgagee shall ever be personally liable for any such liabilityjudgment. 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 Lease or other action by Landlord, its agents, employees, officers, partners, servants or shareholders. 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 or Landlord's successors in interest, or (ii) 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, or (iii) any other action which does not require Landlord to be personally liable for damages from assets other than the Project.
Appears in 1 contract
Limitation of Landlord’s Liability. The term “Landlord” and ”Ground Landlord” as used in this Lease, so far as covenants or obligations to be performed by agreements on the part of the Landlord and Ground Landlord are concerned, shall be is limited to mean and include only the owner or owners of the Landlord’s interest in this Lease and the Leased Premises (as the case may be) at the time in question of the Propertyquestion, and in the event of any transfer or transfers of title to said propertysuch interest, except a transfer by way of security, the Landlord and the Ground Landlord (as the case may be) herein named (and in case of any subsequent transfers or conveyancestransfer, the then grantortransferor) shall be concurrently automatically freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement of all personal liability as respects the performance that is accrued after such date of any covenants or obligations agreements on the part of the Landlord or Ground Landlord contained in this Lease thereafter to be performed, provided that any funds in the hands of such Landlord or Ground Landlord or the then transferor at the time of such transfer, in which the Tenant has an interest, shall be turned over to the transferee and any amount then due and payable to the Tenant by the Landlord or the then transferor under any provision of Lease, shall be paid to the Tenant, and provided further that upon any such transfer, the transferee shall be deemed to have assumed, all of the covenants, agreements and conditions in this Lease contained to be performed on the part of the Landlord and the Ground Landlord (as the case may be) and provided Tenant is given notice in writing, it being intended hereby that the covenants and obligations agreements contained in this Lease on the part of Landlord, shall, subject as aforesaid, the Landlord shall be binding on the Landlord, its successors and assigns, only during and in respect of to 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityownership.
Appears in 1 contract
Limitation of Landlord’s Liability. The 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 PropertyLand, 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property Premises and in the rents, issues and profits thereofthereof or the proceeds of insurance or taking, 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 (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 such liability.
Appears in 1 contract
Limitation of Landlord’s Liability. The 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, 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction satxxxxxxion of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 1 contract
Samples: Acme Packet Inc
Limitation of Landlord’s Liability. The 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, 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property and in the rents, issues and profits thereofthereof and any proceeds of insurance related to the Property, and Tenant Xxxxxx 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 (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 such liability.
Appears in 1 contract
Samples: Oak Technology Inc
Limitation of Landlord’s Liability. The term “Landlord” as used in Any provisions of this LeaseLease to the contrary notwithstanding, so far as covenants Tenant hereby agrees that no personal 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 entity liability of any transfer kind or transfers of title to said propertycharacter (including, without limitation, the Landlord (and in case payment of any subsequent transfers judgment) whatsoever now attaches or conveyances, the then grantor) at any time hereafter under any condition shall be concurrently freed and relieved from and after the date attach to Landlord or any of such transfer Landlord’s Related Parties or conveyance, without any further instrument mortgagee for payment of any amounts payable under this Lease or agreement of all liability as respects for the performance of any covenants or obligation under this Lease. The exclusive remedies of Tenant for the failure of Landlord to perform any of its obligations on under this Lease shall be to proceed against the part interest of Landlord in and to the Landlord Project. The provision contained in this Lease thereafter the foregoing sentence is not intended to, 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 Project be subject to execution by Tenant, for any indirect, special, consequential or punitive damages. Notwithstanding the foregoing, in the event that Landlord shall be adjudicated, according to a final non-appealable judgment, to be performedliable to Tenant for damages arising under this Lease, it being intended hereby that the covenants and obligations contained in this Lease on the part such liability of Landlord, shall, subject as aforesaid, Landlord cannot 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 satisfied by Landlord’s interest in the Property and in Project or from the rentsproceeds of Landlord’s insurance to the extent applicable, issues and profits thereof, and Tenant agrees shall have the right to look solely to such interest for satisfy the satisfaction remaining liability of any Landlord by offsetting against fifty percent (50%) Tenant’s monthly Rent obligations under this Lease until the liability or claim against of Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilitythe judgment has been satisfied.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Texas Roadhouse, Inc.)
Limitation of Landlord’s Liability. The 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 Landlord’s interest in the Property, and in the event of any transfer or transfers of such 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 agreement, of all liability as respects with respect to 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 period of ownership of said leasehold such interest in the 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 feeotherwise, as the case may beof Landlord’s obligations hereunder. TenantTenant 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 assignsits 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 in the rents, issues and profits thereofProperty, 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 (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 such liability. In addition, Landlord hereby notifies Tenant that the Declaration of Trust of Landlord provides, and Tenant agrees, that no trustee, officer, director, general 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 held to any liability, jointly or 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 action taken or omitted for or on behalf of Landlord. Similarly, Landlord agrees that no trustee, officer, director, general or limited partner, member, shareholder, beneficiary, employee or agent of Tenant (including any person or entity from time to time engaged to supervise and/or manage the operation of Tenant) shall be held to any liability, jointly or 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 Tenant or arising out of any action taken or omitted for or on behalf of Tenant, except pursuant to any guaranty of Tenant’s payment and performance obligations hereunder entered into by any such person or entity.
Appears in 1 contract
Samples: Lease (Cytek BioSciences, Inc.)
Limitation of Landlord’s Liability. The term “None of Landlord” ’s covenants, undertakings or agreements under this Lease is made or intended as used personal covenants, undertakings or agreements by any of Landlord’s shareholders, directors, officers, trustees or constituent partners. Except as expressly provided below as to Landlord only, no personal liability is assumed by nor at any time may be asserted against Landlord or any of Landlord’s shareholders, directors, officers, trustees or constituent partners. Notwithstanding anything to the contrary set forth in this Lease, so far as covenants or obligations in all events the liability of Landlord to be performed by Landlord are concerned, Tenant shall be limited to mean and include only the owner or owners at the time interest of Landlord 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, 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 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. 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 Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such Landlord’s interest in the Property for the satisfaction recovery of any liability judgment or claim award against Landlord under this LeaseLandlord, it being specifically agreed intended that in no event whatsoever Landlord shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever not be personally liable for any such liabilityjudgment or deficiency; provided, however, that Tenant shall always have the right to collect up to an amount equal to twenty-five percent (25%) of the fair market value of the Property as of the date of a Judgment (the “Minimum Equity”; the amount by which the Minimum Equity as of the date of any Judgment exceeds Landlord’s actual equity interest as of the date of the Judgment, the “Equity Deficiency”). Notwithstanding the above, Landlord shall have personal liability to Tenant for any Judgment up to an amount not to exceed the Equity Deficiency. The term “Judgment” shall mean a final, nonappealable judgment against Landlord.
Appears in 1 contract
Limitation of Landlord’s Liability. The term “Landlord” as 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 the term “Landlord” means only the current owner or owners of the fee title to the Premises, or the leasehold estate under a ground lease of the Premises, at the time in question question. Each Landlord is obligated to perform the obligations of Landlord under this Lease only during the time such Landlord owns such title or estate. Any Landlord who transfers its title, estate or other interest is relieved of all liability with respect to the obligations of Landlord under this Lease accruing on or after the date of the Propertytransfer, and Tenant agrees to recognize the transferee as Landlord under this Lease. However, each Landlord shall deliver to its transferee the Security Deposit held by Landlord, to the extent the Security Deposit has not then been applied under the terms of this Lease. Notwithstanding anything to the contrary contained in this Lease, in the event of any transfer default or transfers breach by Landlord with respect to any of title the terms, covenants, and conditions of this Lease to said propertybe observed, honored, or performed by Landlord, Tenant shall look solely to the estate and property of Landlord (in the land and in case building owned by Landlord comprising the Property for the collection of any subsequent transfers judgment (or conveyancesany other judicial procedures requiring the payment of money by Landlord), and the then grantor) shall be concurrently freed rents, income, proceeds and relieved from and after the date of such transfer insurance policies therefrom 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 thereafter to be performedpertaining thereto, it being intended hereby agreed 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. Tenant, its successors and assigns, Landlord shall not assert be personally liable (nor seek shall any entity of Landlord be liable) for any such judgment in excess of such amounts and no other property or assets of Landlord shall be subject to enforce any claim for breach of this Lease against any of Landlord’s assets levy, execution, or other than Landlord’s interest in the Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest procedures for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityTenant’s remedies.
Appears in 1 contract
Limitation of Landlord’s Liability. The 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 Landlord’s interest in the Property, and in the event of any transfer or transfers of such 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 agreement, of all liability as respects with respect to 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 period of ownership of said leasehold such interest in the 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 feeotherwise, as the case may beof Landlord’s obligations hereunder. TenantTenant 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 assignsits 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 in the rents, issues issues, profits and profits thereofother 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 (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 such liability.. In addition, Landlord hereby notifies Tenant that the Declaration of Trust of Landlord provides, and Tenant agrees, that no trustee, officer, director, general 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 held to
Appears in 1 contract
Samples: Archer Aviation Inc.
Limitation of Landlord’s Liability. The term “Landlord” Except 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 provided in the event following sentence of this Section 8.4, Tenant shall look solely to Landlord's interest in the Project for the recovery of any transfer or transfers of title to said propertyjudgment against Landlord, the it being agreed that neither 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 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiariespartners, officers, directors, or stockholders of Landlorddirectors and shareholders) nor any mortgagee shall ever be personally liable for any such liabilityjudgment. 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 Lease or other action by Landlord, its agents, employees, officers, partners, servants or shareholders. 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 or Landlord's successors in interest, or (ii) 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, or (iii) any other action which does not require Landlord to be personally liable for damages from assets other than the Project.
Appears in 1 contract
Samples: Lease Agreement (Bank United Corp)
Limitation of Landlord’s Liability. The 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, 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 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability..
Appears in 1 contract
Samples: Office Lease (Desktop Metal, Inc.)
Limitation of Landlord’s Liability. The 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 propertythe 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 agreement, of all liability as respects and obligation with respect to 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 with respect of to their respective successive periods of ownership of said leasehold interest or fee, as the case may beProperty. 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 Property and in the rents, issues and profits thereofProperty, and Tenant agrees to look solely to such interest interests for the satisfaction of any liability or claim against Landlord under this Lease, it being specifically agreed that in . In no event whatsoever shall Landlord (which term shall includeor any Landlord Affiliates, including, without limitation, any general or limited partner, trustees, beneficiaries, employees, agents, officers, directors, stockholders, managers, or stockholders members of Landlord) Landlord ever be personally liable for any such liabilityliability or obligation of, Landlord whether under this Lease, or at law or in equity.
Appears in 1 contract
Limitation of Landlord’s Liability. The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by Landlord are concerned, shall be limited liable only for breaches of Landlord's obligations occurring while Landlord is owner of the fee of which the Premises are a part (provided, however, that if Landlord shall ever sell and lease-back such fee, or the ground thereof or the improvements thereon, then "fee" shall, in such event, be deemed 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 Landlord's leasehold interest). Tenant (and in case of any subsequent transfers all persons claiming by, through or conveyances, the then grantorunder Tenant) 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 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. 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 Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such Landlord's interest from time to time in the fee of which the Premises are a part for the satisfaction of any liability claim or claim against Landlord under this Lease, recovery of any judgment from Landlord; it being specifically agreed that in no event whatsoever shall neither Landlord (which term shall includenor any trustee, without limitationbeneficiary, any general or limited partner, trustees, beneficiaries, officers, directors, agent or stockholders employee of Landlord) Landlord shall ever be personally or individually liable for any claim or judgment, or otherwise, to Tenant (or such liabilitypersons) . For the purposes of this Paragraph 8.3, the term "Landlord's interest in the fee of which the Premises are a part"shall include rentals, other income, condemnation awards, insurance proceeds, sales proceeds or proceeds of refinancing with respect to such interest. In no event shall Landlord ever be liable to Tenant (or such persons) or indirect or consequential damages; nor shall Landlord ever be answerable or liable in any equitable judicial proceeding or order to the extent that the cost of complying with such proceeding or order shall exceed its interest in the fee or leasehold of which the Premises are a part.
Appears in 1 contract
Samples: Special Maintenance and Operation (Circe Biomedical Inc)
Limitation of Landlord’s Liability. The 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 PropertyBuilding, and in the event of any transfer or transfers of title to said propertyBuilding, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently automatically freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement 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, 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 beProperty. Tenant, its successors and assigns, agrees it shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's equity interest in the Property Building and in the rents, issues and profits thereofthereof (including the proceeds of any sale of such interest), and Tenant agrees to look solely to such interest for the satisfaction of any liability of or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders beneficiary of Landlordany trust of which Landlord is a trustee) ever be personally liable for any such liability.
Appears in 1 contract
Samples: Lease (Zefer Corp)
Limitation of Landlord’s Liability. The 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 PropertyDemised Premises, 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 agreement, 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 1 contract
Limitation of Landlord’s Liability. The 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, 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 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 ease 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 's assets other than Landlord’s 's interest in the Property and in the rents, issues and profits thereof, and Tenant Xxxxxx 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 (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 such liability.
Appears in 1 contract
Samples: Ibasis Inc
Limitation of Landlord’s Liability. The term “Landlord” obligations of Landlord under the Lease as used in amended by this Lease, so far as covenants or Amendment do not constitute personal 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 Propertyindividual partners, members, ,directors, officers, shareholders, trustees or beneficiaries of Landlord, and in 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. In the event of any transfer or transfers of title to said propertydefault by Landlord under the Lease as amended by this Amendment, the Landlord (Tenant's sole and in case of any subsequent transfers or conveyances, the then grantor) exclusive remedy shall be concurrently freed against Landlord's interest in the Building and relieved the real property on which it is located. The provisions of this paragraph are not designed to relieve Landlord 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 of its obligations on hereunder, but rather to limit Landlord's liability in the part case of the Landlord contained in this Lease thereafter to be performedrecovery of a judgment against it, 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 nor shall any of 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 provisions of this Lease against 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 transfer of Landlord’s assets other than Landlord’s 's right, title and interest in the Property Building, Landlord shall be released from all liability and in obligations thereafter accruing under the rentsLease as amended by this Amendment; provided, issues and profits thereof, and Tenant agrees that this paragraph shall inure to look solely to such interest for the satisfaction benefit of any liability such purchaser or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilitytransferee.
Appears in 1 contract
Limitation of Landlord’s Liability. The term “Landlord” as used Notwithstanding anything to the contrary in this Lease, so far as covenants or obligations to be performed by the liability of Landlord are concerned, (and of any successor Landlord) shall be limited to mean the interest of Landlord in the Property and include only the owner or owners at the time in question of the Propertyproceeds thereof, and in the event of any transfer or transfers of title Tenant shall look solely 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 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. 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 Property and the proceeds thereof for the recovery of any judgment or aware against Landlord. 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 rentsBuilding or Property. The word “Landlord” is used in this Lease to include the Landlord named above as well as its successors and assigns, issues each of whom shall have the same rights, remedies, powers, authorities and profits thereofprivileges 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 agrees to look solely to such interest for the satisfaction of any liability of or claim against Landlord under this Lease, it being specifically agreed that Lease beyond the equity of the Landlord in the Building and the Land. In no event whatsoever shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable to Tenant for any such liabilitylost profit, damage to or loss of business or any form of special, indirect or consequential damage.
Appears in 1 contract
Samples: Lease (Acme Packet Inc)
Limitation of Landlord’s Liability. The term “Landlord” as used in this LeaseNotwithstanding anything herein to the contrary, 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, 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 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event be liable to Tenant for any indirect or consequential damages, and no personal liability of any kind or character whatsoever now attaches or at any time hereafter under any conditions shall attach to Landlord (which term shall include, without limitation, or any general or limited partner, trustees, beneficiariespartners, officers, directors, or stockholders shareholders of Landlord as applicable for payment of any amounts due under this Lease or for the performance of any obligation under this Lease. The exclusive remedies of Tenant for the failure of Landlord to perform any of its obligations under this Lease shall be to proceed against the interest of Landlord in and to the Leased Premises, it being understood that in no event shall a judgment for any deficiency or monetary claim be sought, obtained or enforced against any partner, officer, director or shareholder of Landlord as applicable. The immediately preceding sentence shall not be deemed to deny Tenant the ability of pursuing all rights expressly granted it under this Lease or at law; however, as contemplated in Rule 174(b) of the Texas Rules of Civil Procedure (as such may be amended from time to time), at the direction of Landlord) ever , Xxxxxx’s claims in this regard will be personally liable for litigated in proceedings different from any such liabilitylitigation involving rent claims or other claims by Landlord against Tenant (i.e., each Person may proceed to a separate judgment without consideration, counterclaim or offset as to the claims asserted by the other Person). TENANT HEREBY WAIVES ITS STATUTORY LIEN UNDER SECTION 91.004 OF THE TEXAS PROPERTY CODE.
Appears in 1 contract
Samples: Office Lease Agreement
Limitation of Landlord’s Liability. The term “Landlord” as used in Any provisions of this LeaseLease to the contrary notwithstanding, so far as covenants Tenant hereby agrees that no personal, partnership 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 corporate liability of any transfer kind or transfers of title to said propertycharacter (including, without limitation, the Landlord (and in case payment of any subsequent transfers judgment) whatsoever now attaches or conveyances, the then grantor) at any time hereafter under any condition shall be concurrently freed and relieved from and after the date attach to Landlord or any of such transfer Landlord’s Related Parties or conveyance, without any further instrument mortgagee for payment of any amounts payable under this Lease or agreement of all liability as respects for 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. 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 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 claim against Landlord obligation under this Lease. The exclusive remedies of Tenant for the failure of Landlord to perform any of its obligations under this Lease shall be to proceed against the interest of Landlord in and to the Project. The provision contained in the foregoing sentence is not intended to, it being specifically agreed 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 whatsoever shall Landlord (which term shall includebe liable to Tenant or any interest of Landlord in the Project be subject to execution by Tenant, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any such liability.indirect special, consequential or punitive damages. Landlord’s Initials: /s/ DWN Tenant’s Initials: /s/ sb
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Limitation of Landlord’s Liability. The term “Landlord” obligations of Landlord under this Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of its interest in the Project, the Building or the Land, 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 Propertycase may be, and in the event of any transfer such sale, conveyance, assignment or transfers of title to said propertytransfer, the Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently and hereby is entirely freed and relieved from of all covenants and after obligations of Landlord hereunder (but the foregoing shall not be construed as a waiver or release by Tenant of any liability of Landlord for any failure to observe or perform such covenants and obligations required to be observed or performed prior to the date of such transfer or sale, conveyance, without any further instrument assignment or agreement of all liability as respects transfer), and 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 transferee of Landlord’s interest in the Project, shallthe Building or the Land, subject as aforesaidthe case may be, shall be binding on deemed to have assumed all obligations under this Lease. Landlord shall notify Tenant simultaneously with or promptly following any transfer of Landlord’s interest in the LandlordProject, its successors and assigns, only during and in respect of their respective successive periods of ownership of said leasehold interest the Building or feethe Land, as the case may be. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim The liability of Landlord for breach of Landlord’s obligations under this Lease against any of Landlord’s assets other than shall be limited to Landlord’s interest in the Property and in the rents, issues and profits thereofProject, and Tenant agrees shall not look to look solely any other property or assets of Landlord or its affiliates in seeking either to such interest for the satisfaction of any liability or claim against Landlord enforce Landlord’s obligations under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, any general Lease or limited partner, trustees, beneficiaries, officers, directors, or stockholders of to satisfy a judgment for Landlord) ever be personally liable for any ’s failure to perform such liabilityobligations.
Appears in 1 contract
Samples: Office Lease (Cme Group Inc.)
Limitation of Landlord’s Liability. The term “"Landlord” " as used in this Lease, 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 propertyProperty, 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 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 Leasehold interest or fee, as the case may be. Notwithstanding the foregoing (1) Landlord shall not be released from its obligations under this Lease unless the transferee agrees in writing, for the benefit of the Tenant, to assume Landlord's obligations under the Lease from and after the date of transfer; and (2) if Landlord assigns its interest in this Lease as additional security, this assignment shall not release Landlord from its obligations under this Lease. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability. Landlord hereby covenants and represents that it is as of the date of this Lease the sole owner of the Building and the Property.
Appears in 1 contract
Samples: Skillsoft Corp
Limitation of Landlord’s Liability. Tenant agrees that Tenant shall look solely to Landlord’s interest in and to the Leased Premises including any insurance proceeds or condemnation awards then payable, subject to the rights of any mortgagee of the Leased Premises, for collection of any judgment (or other judicial processes) requiring payment of [ILLEGIBLE] Landlord in the event of default or breach by Landlord of any of the covenants, terms or conditions of this Lease to be observed or performed by Tenant’s remedies. The term “Landlord” ”, as used in this LeaseLease in relation to covenants, so far as covenants or obligations agreements and conditions to be observed and performed by Landlord are concernedLandlord, shall be limited to mean and include only the owner or owners at the from time in question to time of the Property, and Landlord’s interest in this Lease. In the event of any transfer or transfers of title to said propertysuch interest (except a transfer for security), the Landlord named herein (and and/or the transferee in the case of any a subsequent transfers or conveyancestransfer) shall, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyancetransfer, without any further instrument or agreement of be released from all personal liability as respects the for performance of any covenants or obligations covenant, agreement and condition on the part of the Landlord contained in this Lease which are thereafter to be performedperformed hereunder. The transferee shall be deemed to have assumed (subject to the limitations of this paragraph) all of the covenants, it being intended hereby agreements and conditions herein to be observed by Landlord with the result that the covenants such covenants, agreements and obligations contained in this Lease on the part of Landlord, shall, subject as aforesaid, be binding on conditions shall bind 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityownership.
Appears in 1 contract
Samples: Lease (Argyle Security, Inc.)
Limitation of Landlord’s Liability. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by Landlord are concerned, Lease shall be limited to mean and include only the owner or owners at owner, for the time in question being of the PropertyPremises, and in the event of any the transfer or transfers by such owner 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 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. 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 Property Premises, such owner shall thereupon be released and in discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the rents, issues and profits thereof, and Tenant agrees to look solely to such interest Term upon each new owner for the satisfaction duration of any such owner’s ownership. Any liability or claim against of Landlord under this LeaseLease shall be limited solely to its interest in the Building, it being specifically agreed that and in no event shall any personal liability be asserted against Landlord in connection with this Lease nor shall any recourse be had to any other property or assets of Landlord. Any obligation or liability whatsoever of Landlord which may arise at any time under this Lease or any obligation or liability which may be incurred by it pursuant to any other instrument, transaction, or undertaking contemplated hereby shall Landlord (which term not be personally binding upon, nor shall includeresort for the enforcement thereof be had to the property of, without limitation, any general or limited partner, its trustees, beneficiariesdirectors, shareholders, officers, directorsemployees or agents, regardless of whether such obligation or liability is in the nature of contract, tort, or stockholders of Landlord) ever be personally liable for any such liabilityotherwise.”
Appears in 1 contract
Samples: Intrusion Inc
Limitation of Landlord’s Liability. The term “Landlord” as used in this Lease, 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 propertyProperty, 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 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 Leasehold interest or fee, as the case may be. Notwithstanding the foregoing (1) Landlord shall not be released from its obligations under this Lease unless the transferee agrees in writing, for the benefit of the Tenant, to assume Landlord’s obligations under the Lease from and after the date of transfer; and (2) if Landlord assigns its interest in this Lease as additional security, this assignment shall not release Landlord from its obligations under this Lease. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability. Landlord hereby covenants and represents that it is as of the date of this Lease the sole owner of the Building and the Property.
Appears in 1 contract
Limitation of Landlord’s Liability. The 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, 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 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. 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 Property and in the rents, issues and profits thereof, and Tenant Txxxxx 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 (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 such liability.
Appears in 1 contract
Samples: Office Lease (Myomo, Inc.)
Limitation of Landlord’s Liability. The term “Landlord” obligations of Landlord under the Lease as used in amended by this Lease, so far as covenants or Amendment do not constitute personal 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 Propertyindividual partners, members, directors, officers, shareholders, trustees or beneficiaries of Landlord, and in 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. In the event of any transfer or transfers of title to said propertyDefault by Landlord under the Lease as amended by this Amendment, the Landlord (Tenant’s sole and in case of any subsequent transfers or conveyances, the then grantor) exclusive remedy 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 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. 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 Property Building and the real property on which it is located. The provisions of this paragraph are not designed to relieve Landlord from the performance of any of its obligations hereunder, but rather to limit Landlord’s liability in the rentscase of the recovery of a judgment against it, issues and profits thereofas aforesaid, and Tenant agrees nor shall any of the provisions of this paragraph be deemed to look solely limit or otherwise affect Tenant’s right to such interest for the satisfaction 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 transfer of Landlord’s right, title and interest in the Building, through which the purchaser or transferee, as Landlord’s successor, assumes all liability or claim against Landlord and obligations thereafter accruing under this the Lease, it being specifically agreed as amended by this Amendment, Landlord shall be released from all liability and obligations thereafter accruing under the Lease as amended by this Amendment; provided, that in no event whatsoever this paragraph shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders inure to the benefit of Landlord) ever be personally liable for any such liabilitypurchaser or transferee.
Appears in 1 contract
Samples: Lease (Northern Trust Corp)
Limitation of Landlord’s Liability. The term “Landlord” obligations of Landlord under the Lease as used in amended by this Lease, so far as covenants or Amendment do not constitute personal 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 Propertyindividual partners, members, directors, officers, shareholders, trustees or beneficiaries of Landlord, and in 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. In the event of any transfer or transfers of title to said propertydefault by Landlord under the Lease as amended by this Amendment, the Landlord (Tenant's sole and in case of any subsequent transfers or conveyances, the then grantor) exclusive remedy shall be concurrently freed against Landlord's interest in the Building and relieved the real property on which it is located. The provisions of this paragraph are not designed to relieve Landlord 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 of its obligations on hereunder, but rather to limit Landlord's liability in the part case of the Landlord contained in this Lease thereafter to be performedrecovery of a judgment against it, 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 nor shall any of 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 provisions of this Lease against 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 transfer of Landlord’s assets other than Landlord’s 's right, title and interest in the Property Building, Landlord shall be released from all liability and in obligations thereafter accruing under the rentsLease as amended by this Amendment; provided, issues and profits thereof, and Tenant agrees that this paragraph shall inure to look solely to such interest for the satisfaction benefit of any liability such purchaser or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilitytransferee.
Appears in 1 contract
Samples: Lease (MRS Fields Financing Co Inc)
Limitation of Landlord’s Liability. The 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 Landlord’s interest in the Property, and in the event of any transfer or transfers of such 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 agreement, of all liability as respects with respect to 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 period of ownership of said leasehold such interest in the 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 feeotherwise, as the case may beof Landlord’s obligations hereunder. TenantTenant 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 assignsits 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 in the rents, issues and profits thereofProperty, 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 (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 such liability. In addition, Landlord hereby notifies Tenant that the Declaration of Trust of Hub Properties Trust provides, and Tenant agrees, that no trustee, officer, shareholder, employee or agent of Hub Properties Trust shall be held to any personal liability, jointly or severally, for any obligation of, or claim against, Hub Properties Trust.
Appears in 1 contract
Limitation of Landlord’s Liability. The term “To the extent covered by Landlord” 's insurance, Landlord shall be responsible or liable for latent defects, deterioration, or change in 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 used 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, Landlord shall be fully liable for, and shall indemnify Tenant against, all such claims. To the extent covered by Tenant's insurance, Tenant shall indemnify and hold Landlord harmless from and against any 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 Building, or the Common Areas; provided, however, if Tenant fails to keep in place any insurance required under this Lease, Tenant shall be fully liable for, and shall indemnify Landlord against, all such claims. Regardless of any other provision in this Lease, so far as covenants or obligations to be performed by if Landlord are concerned, shall be limited to mean and include only the owner or owners at the time defaults 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, 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 thereafter to be performedits obligations, 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. 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 Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such Landlord's insurance and Landlord's interest in the Building or to the undistributed proceeds of any sale of the Building for the satisfaction of any liability or claim judgment obtained by Tenant as a result of any default, and Tenant shall not otherwise seek any personal money judgment against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, or any general or limited partner, trustees, beneficiaries, of its officers, directors, Landlord's Initials:_________ Tenant's Initials:_________ stockholders, or stockholders of Landlord) ever partners. The foregoing shall not be personally liable for any deemed to limit Tenant's right, if any, to obtain equitable remedies such liabilityas injunctive relief or specific performance.
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Samples: Netcenter Full Service Office Lease (Portfolio Recovery Associates Inc)
Limitation of Landlord’s Liability. The term “Landlord” as used in this Lease, so far as covenants or obligations to be performed by Landlord are concerned, It is specifically understood and agreed that there shall be limited to mean and include only absolutely no personal liability on the owner part of Landlord or owners at on the time part of any of Landlord's Affiliates in question respect of any of the Propertyterms, covenants and conditions of this Lease or of the Related Agreements, other than those which expressly state that the provisions of this Article do not apply to them (and where the provisions of this Article do not apply, Landlord shall be personally liable), and the Tenant shall look solely to the interest of Landlord in the Demised Premises for the satisfaction of each and every remedy of the Tenant in the event of any transfer breach or transfers default by Landlord or by any successor in interest of title any of the terms, covenants and conditions of this Lease or of the Related Agreements to said propertybe performed by Landlord, other than those which expressly state that the Landlord provisions of this Article do not apply to them (and in case where the provisions of any subsequent transfers or conveyancesthis Article do not apply, the then grantor) there shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement of all personal 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). The term "Landlord" as used in this Lease shall mean the ground lessee from time to time under the Master Ground Lease identified in Section 48 below, shall, subject as aforesaid, be binding on or if the Master Ground Lease ever terminates the owner from time to time of the fee simple title to the Land. From and after any conveyance of the Demised Premises by Landlord, its successors except if and assigns, only during and in respect of their respective successive periods of ownership of said leasehold interest or fee, as to the case may be. Tenant, its successors and assigns, shall not assert nor seek extent that the conveying Landlord is personally liable for an obligation pursuant to enforce any claim for breach the terms of this Lease against any of Landlord’s assets other than Landlord’s interest in Lease, the Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction conveying Landlord shall have no obligation or liability of any liability or claim against kind under this Lease for obligations arising from and after such conveyance if and to the extent that the entity receiving the conveyance shall assume the obligations of Landlord thereafter to be performed under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
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Samples: Gaylord Entertainment Co /De
Limitation of Landlord’s Liability. The 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 propertyProperty, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and automatically relieved from and after the date of such transfer or conveyance, without any further instrument or agreement 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, Landlord shall, subject as aforesaid, be binding on the Landlord, its successors and and- assigns, only during and in respect of their respective successive periods of ownership of said leasehold interest or fee, as the case may beProperty. Tenant, its successors and assigns, agrees it shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, any beneficiary of any trust of which Landlord is a trustee or any general or limited partnerpartners of Landlord if Landlord is a general or limited partnership), trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any such liability. In no event shall Landlord be liable for any indirect or consequential damages, including without limitation, loss of profits, loss of business, damage to reputation or loss of rental under any sublease or assignment arrangement. Nothing contained herein shall prohibit any action by Tenant against Landlord for, specific performance.
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Samples: Lease Agreement (BGS Systems Inc)
Limitation of Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual members, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s 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, 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 (including any liability as a result of any actual or alleged failure, breach or default hereunder by 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 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 terms of this Lease, to repair the Building or 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 to be performed by on the part of the Landlord are concerned, shall be limited to mean and include only the owner or owners owners, at the time in question question, of the fee title to, or a lessee’s interest in a ground lease of, the Property, and in . In the event of any transfer or transfers conveyance of any such title to said propertyor 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 Landlord (and in case of any subsequent transfers or conveyances, the then grantor) transferor shall be concurrently freed and automatically 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 future covenants or and obligations on the part of the Landlord contained in this Lease thereafter Lease. Landlord and Landlord’s transferees and assignees shall have the absolute right 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 transfer all or any portion of their respective successive periods of ownership of said leasehold interest or fee, as the case may be. Tenant, its successors title 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 Premises, the Building, the Property and in and/or this Lease without the rents, issues and profits thereofconsent of Tenant, and Tenant agrees to look solely to such interest for the satisfaction transfer or subsequent transfer shall not be deemed a violation on Landlord’s part of any liability or claim against Landlord under of the terms and conditions of this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 1 contract
Samples: Tw Telecom Inc.
Limitation of Landlord’s Liability. The 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, 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability.
Appears in 1 contract
Samples: Acme Packet Inc
Limitation of Landlord’s Liability. The 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 PropertyLandlord's interest in the Building and not the owner or owners from time to time of any Superior Lease (as defined in Section 21 above), and in the event of any transfer or transfers of title to said propertythe Landlord's interest in the Building, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently automatically freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement 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, 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 beProperty. Tenant, its successors and assigns, agrees it shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property Building 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, beneficiary of any trust of which Landlord is a trustee and any of Landlord's officers, directors, or stockholders of Landlordpartners, shareholders, agents, attorneys and employees) ever be personally liable for any such liability. In no event shall Landlord ever be liable to Tenant for indirect or consequential damages.
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Limitation of Landlord’s Liability. The 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 PropertyBuilding, and in the event of any transfer or transfers of title to said propertythe Building, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently automatically freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement 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, 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 beBuilding. Tenant and Tenant, its ’s successors and assigns, assigns agree they 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 Building and in the rents, issues and profits thereoftherefrom, and Tenant agrees agree to look solely to such interest for the satisfaction of any liability of or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall Landlord (which term shall include, without limitation, any general or partner, limited partner, trustees, beneficiaries, officers, directors, employee or stockholders agent of Landlord) ever be personally liable for any such liability.
Appears in 1 contract
Limitation of Landlord’s Liability. The term “Tenant agrees that Landlord ---------------------------------- shall be liable only for breaches of its covenants occurring while it is owner of the Premises (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Premises, then Landlord” 's period of ownership of the Premises shall be deemed to mean only that period while Landlord holds such leasehold interest). Tenant (and each person acting under Tenant) agrees to look solely to Landlord's interest from time to time in the Premises and Lot, together with the rents, issues, profits and proceeds of the same, for satisfaction of any claim against Landlord. No trustee, beneficiary, partner, manager, member, agent or employee of Landlord (or of any mortgagee or any ground or improvements lessor) shall ever be personally or individually liable; nor shall it or they ever be answerable or liable in any equitable judicial proceeding or order beyond the extent of their interest in the Premises, and such rents, issues, profits and proceeds. Any lien obtained to enforce any judgment against Landlord shall be subject and subordinate to any mortgage encumbering the Premises except as otherwise set forth herein. In no event shall Landlord or Tenant ever be liable to the other for indirect or consequential damages. As used in this Lease, so far as covenants or obligations the term Landlord shall mean the party from time 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, 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 thereafter to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of holding 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 's 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityhereunder.
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Limitation of Landlord’s Liability. 23.1. Tenant agrees to look solely to Landlord’s estate and interest in the land, the Parking Garage, and Building [or the (ground) lease of the Building, if applicable] and the Leased Premises, for the satisfaction of any right or remedy of Tenant or the collection of any judgment (or other judicial process) requiring the payment of money by Landlord, in the event of any liability by Landlord; and no other property or assets of Landlord (or the partners or members thereof if Landlord is other than an individual or corporation) shall be subject to levy, execution or attachment or other enforcement procedure for the satisfaction of Tenant’s remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder, or Tenant’s use and occupancy of the Leased Premises or the Building, or any other liability of Landlord to Tenant. The 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 Lease means only the owner owner, or owners at the mortgagee in possession, for the time in question being of the Property, land and the Building (or the owner of any lease of the Building or the land upon which it is situated and the Building) so that in the event of any transfer or transfers of title to the land and Building or said propertylease, or in the event of a lease of the Building or of the land and Building, upon notification to Tenant of such transfer of lease, provided the transferee complies with the requirements set forth in Article 10.6 of this Lease, the said transferor Landlord (and in case of any subsequent transfers or conveyances, the then grantor) shall be concurrently and hereby is entirely (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 and all covenants, obligations and liabilities of Landlord thereafter accruing hereunder and it shall be deemed and construed as a covenant running with the land without further agreement between the parties or obligations on their successors in interest, or between the part parties or any transferee of title to the land and Building (or any applicable ground lease, or any lease of the Landlord contained in this Lease thereafter to be performed, it being intended hereby Building) that the covenants transferee or the lessee has assumed and obligations contained in this Lease on the part of Landlordagreed to carry out any and all such covenants, 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 Property and in the rents, issues and profits thereofobligations, and Tenant agrees to look solely to such interest for the satisfaction liabilities of any liability or claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityhereunder.
Appears in 1 contract
Samples: Lease Agreement (Franklin Bank Corp)
Limitation of Landlord’s Liability. The term “Landlord” as used in this Lease, 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 propertyProperty, 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 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 Leasehold interest or fee, as the case may be. Notwithstanding the foregoing (1) Landlord shall not be released from its obligations under this Lease unless the transferee agrees in writing, for the benefit of the Tenant, to assume Landlord’s obligations under the Lease from and after the date of transfer; and (2) if Landlord assigns its interest in this Lease as additional security, this assignment shall not release Landlord from its obligations under this Lease. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability. Landlord hereby covenants and represents that it is as of the date of this Lease the sole owner of the Building and the Property. In no event shall the Landlord ever be liable to the Tenant for consequential or indirect damages, lost profits or the like.
Appears in 1 contract
Limitation of Landlord’s Liability. 22.1 The term “"Landlord” ", as used in this Lease, so far as covenants or obligations to be performed by and agreements on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners at the time in question of the PropertyLandlord's interest in the Demised Premises, and in the event of any transfer assignment(s) or transfers transfer(s) of the title to said propertysuch interest (whether or not the assignee or transferee is financially solvent or responsible and whether or not the assignor or transferor may be a stockholder, the director, or officer of a corporate assignee or transferee), Landlord herein named (and in case of any subsequent transfers or conveyancesassignments, the then grantortransferor or assignor) shall be concurrently automatically freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement and assignment of all personal liability as respects the performance of any covenants or obligations and agreements on the part of the Landlord contained in this Lease thereafter to be performed, it being intended hereby that . Such assignee or transferee shall be bound by all of the covenants and obligations agreements in this Lease contained to be performed on the part of Landlord. The covenants and agreements contained in this Lease on the part of Landlord, Landlord to be performed 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityownership.
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Limitation of Landlord’s Liability. The term “Landlord” as used in Redress for any claim against Landlord under this Lease, so far as covenants or obligations to be performed by Landlord are concerned, Lease shall be limited to mean and include enforceable only against and to the owner or owners at the time in question extent 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 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. 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 Property and in the rents, issues and profits thereof, and Tenant agrees to look solely applicable Building giving rise to such interest claim, any insurance carried by Landlord for such Building, any eminent domain award regarding the Park, any rent payable by the tenants of the Park or such Building, and/or any sale proceeds from the sale of all or any portion of the Park, for the satisfaction enforcement of any liability a judgment (or claim against other judicial decree) requiring the payment of money by Landlord to Tenant by reason of default, breach or event of default of Landlord in performance of its obligations under this Lease or Landlord’s negligence. The obligations of Landlord under this LeaseLease are not intended to be and shall not be personally binding on, it being specifically agreed that in no event whatsoever nor shall Landlord (which term shall include, without limitationany resort be had to the private properties of, any general of its or limited partnerits investment manager’s trustees, trusteesdirectors, officers, partners, beneficiaries, officersmembers, stockholders, employees, or agents, and in no case shall Landlord be liable to Tenant hereunder for any lost profits, damage to business, or any form of special, indirect or consequential damages. The obligations of Tenant under this Lease are not intended to be and shall not be personally binding on, nor shall any resort be had to the private properties of, any of its trustees, directors, officers, partners, beneficiaries, members, stockholders, employees, or stockholders of Landlord) ever agents, and in no case shall Tenant be personally liable to Landlord hereunder for any such liabilitylost profits, damage to business, or any form of special, indirect or consequential damages except as set forth in Article 14.
Appears in 1 contract
Samples: Lease (Aspen Technology Inc /De/)
Limitation of Landlord’s Liability. Tenant agrees that Tenant shall look solely to Landlord's interest in and to the Building, subject to prior rights of any mortgagee of the Building, for collection of any judgment (or other judicial process) requiring payment of money by Landlord in the event of default or breach by Landlord of any of the covenants, terms or conditions of this Lease to be observed or performed by Landlord (including, without limitation, any indemnity obligation of Landlord hereunder), and that no other assets of Landlord shall be subject to levy, execution or other process for satisfaction of Tenant's remedies. The term “"Landlord” ", as used in this LeaseLease in relation to covenants, so far as covenants or obligations agreements and conditions to be observed and performed by Landlord are concernedLandlord, shall be limited to mean and include only the owner or owners at the from time in question to time of the Property, and Landlord's interest in this Lease. In the event of any transfer or transfers of title to said propertysuch interest (except a transfer for security), the Landlord named herein (and or the transferor in the case of any a subsequent transfers or conveyancestransfer) shall, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyancetransfer, without any further instrument or agreement of be released from all liability as respects the for performance of any covenants or obligations covenant, agreement and condition on the part of the Landlord contained in this Lease which are thereafter to be performedperformed hereunder. The transferee shall be deemed to have assumed (subject to the limitations of this paragraph) all of the covenants, it being intended hereby agreements and conditions herein to be observed by Landlord with the result that the covenants such covenants, agreements and obligations contained in this Lease on the part of Landlord, shall, subject as aforesaid, be binding on conditions shall bind 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityownership.
Appears in 1 contract
Samples: Lease Agreement (Browsesafe Com Inc)
Limitation of Landlord’s Liability. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term “"Landlord” as used " in this Lease, so far as covenants or obligations to be performed by Landlord are concerned, Lease shall be limited to mean and include only the owner or owners at owner, for the time in question being of the PropertyPremises, and in the event of any the transfer or transfers by such owner 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 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. 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 Property Premises, such owner shall thereupon be released and in discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the rents, issues and profits thereof, and Tenant agrees to look solely to such interest Term upon each new owner for the satisfaction duration of any such owner’s ownership. Any liability or claim against of Landlord under this LeaseLease shall be limited solely to its interest in the Building, it being specifically agreed that and in no event shall any personal liability be asserted against Landlord in connection with this Lease nor shall any recourse be had to any other property or assets of Landlord. Any obligation or liability whatsoever of Landlord which may arise at any time under this Lease or any obligation or liability which may be incurred by it pursuant to any other instrument, transaction, or undertaking contemplated hereby shall Landlord (which term not be personally binding upon, nor shall includeresort for the enforcement thereof be had to the property of, without limitation, any general or limited partner, its trustees, beneficiariesdirectors, shareholders, officers, directorsemployees or agents, regardless of whether such obligation or liability is in the nature of contract, tort, or stockholders of Landlord) ever be personally liable for any such liabilityotherwise.”
Appears in 1 contract
Limitation of Landlord’s Liability. The 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, 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 thereafter to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part 2892369_8 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 assets other than Landlord’s interest in the Property Building and in the rents, issues rents and profits proceeds thereof, 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 (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, members, directors, or stockholders of Landlord) ever be personally liable for any such liability.
Appears in 1 contract
Samples: Rooftop Area Plan (Vericel Corp)
Limitation of Landlord’s Liability. The term “Any liability of Landlord (including without limitation Landlord” as used in ’s partners, shareholders, affiliates, agents, and employees) to Tenant under this Lease, so far as covenants or obligations to be performed by Landlord are concerned, Lease shall be limited to mean and include only the owner or owners at the time in question equity interest of the Property, and Landlord 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 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. 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 Property and in the rents, issues and profits thereof, Building and Tenant agrees to look solely to such interest for the satisfaction recovery of any liability or claim against Landlord under this Leasejudgment, it being specifically agreed intended that in no event whatsoever neither Landlord nor any such other persons shall 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 or judgment (but Tenant shall also have the right to execute any judgment against all net rents and net sale proceeds then or thereafter held by Landlord in respect of its interest in the Real Property and against all insurance proceeds and condemnation awards then held by Landlord in respect of its interest in the Real Property that were not applied by Landlord to the Real Property as required by the terms of this Lease). Wherever in this Lease Tenant (a) releases Landlord from any Claims, (b) waives or limits any right of Tenant to assert any Claims against Landlord or to seek recourse against any property of Landlord or (c) agrees to indemnify Landlord against any matters, the relevant release, waiver, limitation or indemnity shall run in favor of and apply to Landlord, its agents, the constituent shareholders, partners or other owners of Landlord or its agents, and the directors, officers, and employees of Landlord and its agents and each such liabilityconstituent shareholder, partner or other owner.
Appears in 1 contract
Samples: Lease Agreement (JMP Group Inc.)
Limitation of Landlord’s Liability. The 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 PropertyPremises, 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 the. date of such transfer or conveyance, without any further instrument or agreement agreement, 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property Premises and in the rents, issues and profits thereof, 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 (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 such liability.
Appears in 1 contract
Limitation of Landlord’s Liability. The 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, 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 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. Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s 's assets other than Landlord’s 's interest in the Property and in the rents, issues and profits thereof, and Tenant Xxxxxx 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 (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 such liability.
Appears in 1 contract
Limitation of Landlord’s Liability. The 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, 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 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. 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief or specific performance against Landlord.
Appears in 1 contract
Samples: Office Lease (Exa Corp)
Limitation of Landlord’s Liability. The term “Landlord” as used in this LeaseIf Landlord shall fail to perform or observe any term, so far as covenants condition, covenant or obligations obligation required to be performed or observed by it under this Lease and does not cure such failure as provided in Section 15.03, and if Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that Landlord are concernedshall have no personal liability, and Tenant shall look solely to Landlord's right and leasehold interest in and to the Building for the collection of such judgment; and Tenant further agrees that no other assets of Landlord shall be subject to levy, execution or other process for the satisfaction of Tenant's judgment and that Landlord shall not be liable for any deficiency. The references to "Landlord" in this Lease shall be limited to mean and include only the owner or owners at the time in question of the Property, and Building or the owners of the leasehold interest in the Building. In the event of any a sale or transfer of such interest (except a mortgage or transfers of title to said propertyother transfer as security for a debt), the Landlord (and "Landlord" initially named herein, or in the case of any a subsequent transfers or conveyancestransfer, the then grantor) shall be concurrently freed and relieved from and transferor, shall, after the date of such transfer or conveyancetransfer, without any further instrument or agreement of be automatically released from all personal liability as respects for the performance or observance of any covenants term, condition, covenant or obligations on the part of the Landlord contained in this Lease thereafter obligation required to be performedperformed or observed by Landlord hereunder; and the transferee shall be deemed to have assumed all of such terms, it being intended hereby that the conditions, covenants and obligations except as to preexisting defaults or events of default. The covenants and obligations contained in this Lease on the part of "Landlord, shall, subject as aforesaid, " shall be binding on the Landlord, its successors and assigns, Landlord or any transferor only during and in respect of their respective successive the 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 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 claim against Landlord under this Lease, it being specifically agreed that in no event whatsoever shall 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 such liabilityis a landlord hereunder.
Appears in 1 contract