LIMITATION OF SUBLESSOR'S LIABILITY Sample Clauses

LIMITATION OF SUBLESSOR'S LIABILITY. The agreements contained in this Sublease on the part of Sublessor shall be binding on Sublessor only during and in respect to such period as Sublessor holds the interest as lessee under the Prime Lease. In no event shall Sublessor or Sublessee ever be responsible to the other for loss of business or other indirect or consequential damages arising out of any breach of the agreements contained in this Sublease.
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LIMITATION OF SUBLESSOR'S LIABILITY. (a) It is understood and agreed that the provisions of Section 11 above and any and all other covenants of Sublessor contained in this Sublease shall be binding upon Sublessor and its successors only with respect to breaches occurring during its and their respective ownership of the Sublessor's interest hereunder. This Sublease is subject to and subordinate to all matters of public record in Xxxxxx, Texas.
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LIMITATION OF SUBLESSOR'S LIABILITY. Unless negligently or ----------------------------------- intentionally caused by Sublessor or its agents, contractors or employees, Sublessor shall not be liable for, and, to the extent permitted by law, Subtenant hereby releases Sublessor and its agents and employees from, all claims, damages, losses, liabilities and expenses in connection with loss of life, bodily or personal injury or property damage sustained by Subtenant or its agents, contractors, employees, invitees, or licensees on or about the Demised Premises and resulting from any cause whatsoever. Without limiting the foregoing, unless negligently or intentionally caused by Sublessor or its agents, contractors or employees, Sublessor shall not be liable for any damage to Subtenant's property caused by bursting, stoppages, or leaking of water, gas, sewage or steam pipes, flooding, or by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, ice, frost, steam, excessive heat or cold, broken glass, odor or noise, or any other cause. All property belonging to Subtenant or any occupant of the Demised Premises shall be at the risk of Subtenant, and Sublessor shall not be liable for loss or damage thereto by reason of theft or misappropriation.
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LIMITATION OF SUBLESSOR'S LIABILITY. Notwithstanding anything in this Sublease or the Master Lease to the contrary, Sublessee specifically agrees to look to solely to Sublessor's interest in the Subleased Premises for the recovery of any judgment from Sublessor, it being agreed by Sublessee that neither Sublessor (or its successors) nor Sublessor's (or its successors') partners, shareholders, officers, directors, managers, agents and employees shall ever be personally liable for any such judgment.
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LIMITATION OF SUBLESSOR'S LIABILITY. If Sublessor shall breach any of the provisions hereof, Sublessor shall only be liable to Sublessee for actual monetary damages and not for consequential damages and Sublessor's liability shall in no event exceed the Sublessor's interest in the Demised Premises as of the date of Sublessor's breach except for (a) liabilities relating to representations, covenants and warranties made by Sublessor herein in Section 4. l(iii) concerning liens prior to the lien of this Sublease or (b) representations, covenants and warranties made by Sublessor as to the environmental matters and compliance with applicable laws as set forth in Article XIV. In any instance where Sublessor's disapproval or withholding of consent is challenged under the provisions of this Sublease, the sole remedy available to Sublessee shall be an order directing that such consent or approval be given, without assessment of any damages as a consequence of the withholding of such consent or approval. Sublessee expressly agrees that any judgment which it may obtain against Sublessor shall be recoverable and satisfied solely out of the right, title and interest of Sublessor in the Demised Premises and there shall be no liability beyond such interest in the Demised Premises except for (a) liabilities relating to representations, covenants and warranties made by Sublessor herein in Section 4.1 (iii) concerning liens prior to the lien of this Sublease or (b) representations, covenants and warranties made by Sublessor as to the environmental matters and compliance with applicable laws as set forth in Article XIV. Sublessee shall not hold any shareholder, officer or director of the Sublessor personally liable for any breach of representations or warranties or any other default under any circumstances. Sublessee shall have no rights of lien or levy against any other property of Sublessor, nor shall any other property or assets of the Sublessor be subject to levy, execution or other enforcement proceedings for the collection of any such sums or satisfaction of any such judgment or award and Sublessee expressly agrees that any judgment which it may obtain against Sublessor shall be recoverable and satisfied solely out of the right, title and interest of Sublessor in the Demised Premises except for (a) liabilities relating to representations, covenants and warranties made by Sublessor herein in Section 4.1 (iii) concerning liens prior to the lien of this Sublease or (b) representations, covenants and warranti...
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LIMITATION OF SUBLESSOR'S LIABILITY. In consideration of the benefits accruing under this Sublease, Subsublessee and all successor and assigns covenant and agree that in the event of any actual or alleged failure, breach or default under this Sublease by Sublessor: (a) the sole and exclusive remedy shall be against the partnership which is the Sublessor and its partnership assets; (b) no partner of Sublessor shall be sued or named as a party in any suit or action (except as may be necessary to secure jurisdiction over the partnership); (c) no service or process shall be made against any partner of Sublessor (except as may be necessary to secure jurisdiction over the partnership); (d) no judgment will be taken against any partner of Sublessor; (e) no writ of execution will ever be levied against the assets of any partner of Sublessor except the partnership assets; (f) the covenants and agreements are enforceable both by Sublessor and also by any partner of Sublessor; and (g) each of the covenants and agreements contained in this paragraph shall be applicable to any covenant or agreement either expressly contained in this Sublease or imposed by statute or common law.
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LIMITATION OF SUBLESSOR'S LIABILITY. Sublessor shall not be liable to Sublessee in damages or otherwise for any breach by Prime Landlord under the Prime Lease or those claiming under Prime Landlord of any of the covenants, agreements, conditions, representations, warranties, terms or provisions of the Prime Lease. Without limiting the generality or application of the foregoing, Sublessee agrees for itself and each succeeding holder of the Sublessee's interest, or any portion thereof, that any judgment, decree, or award obtained against Sublessor or any succeeding owner of Sublessor's interest which is related to this Sublease, the Prime Lease, the Premises, or Sublessee's use or occupancy of the Premises or any related land, whether at law or in equity, shall be satisfied out of Sublessor's leasehold interest in the Premises, and further agrees to look only to such assets and to no other assets of Sublessor for satisfaction, and in no event shall any trustee, partner, officer, director, employee or agent of Sublessor have any liability with respect to any such claim.
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Related to LIMITATION OF SUBLESSOR'S LIABILITY

  • Limitation of Lessor's Liability It is expressly agreed and understood that all representations, warranties and undertakings of Lessor hereunder (except as expressly provided herein) shall be binding upon Lessor only in its capacity as Owner Trustee under the Trust Agreement and in no case shall the Trust Company be personally liable for or on account of any statements, representations, warranties, covenants or obligations stated to be those of Lessor hereunder, except that the Trust Company shall be personally liable for its gross negligence or willful misconduct and for its breach of its covenants, representations and warranties contained herein to the extent covenanted or made in its individual capacity.

  • Limitation on Landlord’s Liability NOTWITHSTANDING ANYTHING SET FORTH HEREIN OR IN ANY OTHER AGREEMENT BETWEEN LANDLORD AND TENANT TO THE CONTRARY: (A) LANDLORD SHALL NOT BE LIABLE TO TENANT OR ANY OTHER PERSON FOR (AND TENANT AND EACH SUCH OTHER PERSON ASSUME ALL RISK OF) LOSS, DAMAGE OR INJURY, WHETHER ACTUAL OR CONSEQUENTIAL TO: TENANT’S PERSONAL PROPERTY OF EVERY KIND AND DESCRIPTION, INCLUDING, WITHOUT LIMITATION TRADE FIXTURES, EQUIPMENT, INVENTORY, SCIENTIFIC RESEARCH, SCIENTIFIC EXPERIMENTS, LABORATORY ANIMALS, PRODUCT, SPECIMENS, SAMPLES, AND/OR SCIENTIFIC, BUSINESS, ACCOUNTING AND OTHER RECORDS OF EVERY KIND AND DESCRIPTION KEPT AT THE PREMISES AND ANY AND ALL INCOME DERIVED OR DERIVABLE THEREFROM; (B) THERE SHALL BE NO PERSONAL RECOURSE TO LANDLORD FOR ANY ACT OR OCCURRENCE IN, ON OR ABOUT THE PREMISES OR ARISING IN ANY WAY UNDER THIS LEASE OR ANY OTHER AGREEMENT BETWEEN LANDLORD AND TENANT WITH RESPECT TO THE SUBJECT MATTER HEREOF AND ANY LIABILITY OF LANDLORD HEREUNDER SHALL BE STRICTLY LIMITED SOLELY TO LANDLORD’S INTEREST IN THE PROJECT OR ANY PROCEEDS FROM SALE OR CONDEMNATION THEREOF AND ANY INSURANCE PROCEEDS PAYABLE IN RESPECT OF LANDLORD’S INTEREST IN THE PROJECT OR IN CONNECTION WITH ANY SUCH LOSS; AND (C) 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 OR ANY OF LANDLORD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS. UNDER NO CIRCUMSTANCES SHALL LANDLORD OR ANY OF LANDLORD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR INJURY TO TENANT’S BUSINESS OR FOR ANY LOSS OF INCOME OR PROFIT THEREFROM.

  • LESSOR'S LIABILITY The term "Lessor" as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Office Building Project, and except as expressly provided in paragraph 15, in the event of any transfer of such title or interest, Lessor herein named (and in case of any subsequent transfers then the grantor) shall be relieved from and after the date of such transfer of all liability as respects Lessor's obligations thereafter to be performed, provided that any funds in the hands of Lessor or the then grantor at the time of such transfer, in which Lessee has an interest, shall be delivered to the grantee. The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership.

  • 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.

  • LANDLORD'S LIABILITY 21. This lease and the obligations of Tenant hereunder shall in no way be affected because Landlord is unable to fulfill any of its obligations or to supply any service, by reason of strike or other cause not within Landlord's control. Landlord shall have the right, without incurring any liability to Tenant, to stop any service because of accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the judgment of Landlord, until such repairs, alterations or improvements shall have been completed. Landlord shall not be liable to Tenant or anyone else, for any loss or damage to person, property or business, unless due to the negligence of Landlord nor shall Landlord be liable for any latent defect in the premises or the building. Tenant, during the term of this lease, shall carry public liability and property damage insurance, from a company authorized to do business in New York, with limitations acceptable to Landlord, which policy or policies shall name the Landlord and its designees as additional insureds. Evidence of the policies, and of their timely renewal, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed, without thirty (30) days' prior written notice to the Landlord. Tenant agrees to look solely to Landlord's estate and interest in the land and building, or the lease of the building or of the land and building, and the demised premises, for the satisfaction of any right or remedy of Tenant for the collection of a 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 shall be subject to levy, execution 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 demised premises or any other liability of Landlord to Tenant (except for negligence).

  • LIMITATIONS ON LANDLORD'S LIABILITY Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord’s failure to provide or furnish any of the foregoing utilities or services if such failure was reasonably beyond the control of Landlord. In no event shall Landlord be liable for loss or injury to persons or property, however, arising or occurring in connection with or attributable to any failure to furnish such utilities or services even if within the control of Landlord.

  • Limitation on Landlords Liability and Indemnity 8.1 Limitation On Landlord's Liability And Release. Landlord shall not be liable to Tenant for, and Tenant hereby releases Landlord and its partners, principals, members, officers, agents, employees, lenders, attorneys, and consultants from, any and all liability, whether in contract, tort or on any other basis, for any injury to or any damage sustained by Tenant, Tenant's agents, employees, contractors or invitees, any damage to Tenant's property, or any loss to Tenant's business, loss of Tenant's profits or other financial loss of Tenant resulting from or attributable to the condition of, the management of, the repair or maintenance of, the protection of, the supply of services or utilities to, the damage in or destruction of the Leased Premises, the Building, the Property or the Outside Areas, including without limitation (i) the failure, interruption, rationing or other curtailment or cessation in the supply of electricity, water, gas or other utility service to the Property, the Building or the Leased Premises; (ii) the vandalism or forcible entry into the Building or the Leased Premises; (iii) the penetration of water into or onto any portion of the Leased Premises; (iv) the failure to provide security and/or adequate lighting in or about the Property, the Building or the Leased Premises, (v) the existence of any design or construction defects within the Property, the Building or the Leased Premises; (vi) the failure of any mechanical systems to function properly (such as the HVAC systems); (vii) the blockage of access to any portion of the Property, the Building or the Leased Premises, except that Tenant does not so release Landlord from such liability to the extent such damage was proximately caused by Landlord's or its agent's or contractors' active or gross negligence, willful misconduct, or Landlord's failure to perform an obligation expressly undertaken pursuant to this Lease after a reasonable period of time shall have lapsed following receipt of written notice from Tenant to so perform such obligation. In this regard, Tenant acknowledges that it is fully apprised of the provisions of Law relating to releases, and particularly to those provisions contained in Section 1542 of the California Civil Code which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Notwithstanding such statutory provision, and for the purpose of implementing a full and complete release and discharge, Tenant hereby (i) waives the benefit of such statutory provision and (ii) acknowledges that, subject to the exceptions specifically set forth herein, the release and discharge set forth in this paragraph is a full and complete settlement and release and discharge of all claims and is intended to include in its effect, without limitation, all claims which Tenant, as of the date hereof, does not know of or suspect to exist in its favor.

  • Tenant’s Liability The joint and several liability of Tenant and any successors-in-interest of Tenant and the due performance of Tenant’s obligations under this Lease shall not be discharged, released or impaired by any agreement or stipulation made by Landlord, or any grantee or assignee of Landlord, extending the time, or modifying any of the terms and provisions of this Lease, or by any waiver or failure of Landlord, or any grantee or assignee of Landlord, to enforce any of the terms and provisions of this Lease.

  • TENANT'S INDEMNIFICATION OF LANDLORD Tenant shall indemnify, ------------------------------------ protect, defend and hold Landlord and Landlord's authorized representatives harmless from and against Claims arising from (a) the acts or omissions of Tenant or Tenant's Representatives or Visitors in or about the Property, or (b) any construction or other work undertaken by Tenant on the Premises (including any design defects), or (c) any breach or default under this Lease by Tenant, or (d) any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring in or about the Premises during the Term, excepting only Claims described in this clause (d) to the extent they are caused by the willful misconduct or negligent acts or omissions of Landlord or its authorized representatives.

  • Condition of Subleased Premises (a) Subtenant shall maintain and repair the Subleased Premises in a manner consistent with Sublandlord’s obligations under the Lease. Sublandlord shall have the right to enter the Subleased Premises from time to time upon reasonable prior notice to Subtenant, during normal business hours and escorted by Subtenant (if Subtenant makes such escort reasonably available). Sublandlord’s right of entry shall include the right of inspection to confirm that Subtenant is in compliance with all applicable maintenance and repair obligations set forth in the Lease. In the event that Sublandlord determines, in Sublandlord’s reasonable opinion, that Subtenant is in default of any maintenance and/or repair obligation set forth in the Lease, and such default may incur liability to Sublandlord upon the surrender of the Subleased Premises upon the expiration or earlier termination of the Lease (a “Required Repair Item”), then Sublandlord shall have the right to notify Subtenant of any such Required Repair Items. Subtenant shall be obligated to cure such Required Repair Items within thirty (30) days of such notice from Sublandlord, or, if such Required Repair Items cannot be reasonably completed in such thirty (30) day period, such longer period as reasonably necessary to cure such Required Repair Items, so long as Subtenant has commenced such cure and diligently pursues such cure to completion. In no event shall Sublandlord’s rights hereunder impose any additional and/or greater repair or maintenance standards from those set forth in the Lease. In the event Subtenant fails to cure such Required Repair Items as set forth above, then such failure shall be deemed a default under this Sublease, entitling Sublandlord to exercise any of its rights and remedies herein, including, without limitation, the self help rights set forth in Section 6(b) above.

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