Common use of Limitation of Remedies; Exculpation Clause in Contracts

Limitation of Remedies; Exculpation. None of Landlord’s or Tenant’s officers, members, employees, agents, directors, shareholders, partners, or affiliates shall ever have any personal liability to Tenant or Landlord, respectively, under this Lease. Tenant shall look solely to Landlord’s estate and interest in the Building for the satisfaction of any right or remedy of Tenant under this Lease, or for the collection of any judgment (or other judicial process) requiring the payment of money by Landlord, and no other property or assets of Landlord or its principals shall be subject to levy, execution, or other enforcement procedure for the satisfaction of Tenant’s rights or remedies under this Lease, the relationship of Landlord and Tenant under this Lease, Tenant’s use and occupancy of the Premises, or any other liability of Landlord to Tenant of whatever kind or nature. Landlord shall look solely to Tenant’s estate for the satisfaction of any right or remedy of Landlord under this Lease, or for the collection of any judgment (or other judicial process) requiring the payment of money by Tenant, and no other property or assets of Tenant or its principals shall be subject to levy, execution, or other enforcement procedure for the satisfaction of Landlord’s rights or remedies under this Lease, the relationship of Landlord and Tenant under this Lease or any other liability of Tenant to Landlord of whatever kind or nature. No act or omission of Landlord or its agents shall constitute an actual or constructive eviction of Tenant unless: (i) such willful negligent act or misconduct is the result of willful neglect or misconduct by Landlord or such willful negligent act or misconduct negatively impacts Tenant’s use and enjoyment of the Premises or its business; or (ii) Landlord shall have first received notice of Tenant’s claim and shall have failed to cure it after having been afforded a reasonable time to do so, which in no event shall be more than thirty (30) days, unless such act is an emergency as such term is used in Section 22(D), in which case such cures must be made with all due haste.