Common use of Limitation on Landlord Liability Clause in Contracts

Limitation on Landlord Liability. In consideration of the benefits accruing hereunder, Tenant and all successors and assigns covenant and agree that, in the event of any actual or alleged failure, breach or default hereunder by Landlord: (a) [Intentionally omitted] (b) No general or limited partner of any partnerships who have any interest in the Project, or any member, manager, shareholder, officer, employee, or director of Landlord shall be sued or named as a party in any suit or action (except as may be necessary to secure jurisdiction of the partnership); (c) No service of process shall be made against any general or limited partner of any partnerships who have any interest in the property, or any member, manager, shareholder, officer, employee, or director of Landlord (except as may be necessary to secure jurisdiction of the partnership); (d) No limited partner of any partnerships who have any interest in the Project, or any member, manager, shareholder, officer, employee, or director of Landlord shall be required to answer or otherwise plead to any service or process; (e) Except as necessary to obtain any proceeds distributed to such party, no judgment will be taken against any limited partner of any partnerships who have any interest in the Project, or any member, manager, shareholder, officer, employee, or director of Landlord; (f) Except as necessary to obtain any proceeds distributed to such party, any judgment taken against any limited partner of any partnerships who have any interest in the property, or any member, manager, shareholder, officer, employee, or director of Landlord may be vacated and set aside at any time nunc pro tunc; (g) Except as necessary to obtain any proceeds distributed to such party, no writ of execution will ever be levied against the asset of any limited partner of any partnerships who have any interest in the property, or any member, manager, shareholder, officer, employee, or director of Landlord; and (h) These covenants and agreements are enforceable both by Landlord and also by any partner of any partnerships who have any interest in the property, or any member, manager, shareholder, officer, employee, or director of Landlord.

Limitation on Landlord Liability. In consideration of the benefits -------------------------------- accruing hereunder, Tenant and all successors and assigns covenant and agree that, in the event of any actual or alleged failure, breach or default hereunder by Landlord: (a) [Intentionally omitted]The sole and exclusive remedy shall be against Landlord's interest in the Project, including without limitation, all rents and other revenues and income of the Project, insurance proceeds, condemnation proceeds, financing proceeds and sales proceeds (collectively, "Proceeds"); (b) No general or limited partner of any partnerships who have any interest in the Projectproperty, or any member, manager, shareholder, officer, employee, member or director of manager or shareholder or Landlord shall be sued or named as a party in any suit or action (except as may be necessary to secure jurisdiction of the partnershippartnership or limited liability company); (c) No service of process shall be made against any general or limited partner of any partnerships who have any interest in the property, or any member, manager, shareholder, officer, employee, member or director manager or shareholder of Landlord (except as may be necessary to secure jurisdiction of the partnershippartnership or limited liability company); (d) No limited partner of any partnerships who have any interest in the Projectproperty, or any member, manager, shareholder, officer, employee, member or director manager or shareholder of Landlord shall be required to answer or otherwise plead to any service or process; (e) Except as necessary to obtain any proceeds distributed to such party, no No judgment will be taken against any limited partner of any partnerships who have any interest in the Projectproperty, or any member, manager, shareholder, officer, employee, member or director manager or shareholder of Landlord; (f) Except as necessary to obtain any proceeds distributed to such party, any Any judgment taken against any limited partner of any partnerships who have any interest in the property, or any member, manager, shareholder, officer, employee, member or director manager or shareholder of Landlord may be vacated and set aside at any time nunc pro tunc; (g) Except as necessary to obtain any proceeds distributed to such party, no No writ of execution will ever be levied against the asset of any limited partner of any partnerships who have any interest in the property, or any member, manager, shareholder, officer, employee, member or director manager or shareholder of Landlord; and (h) These covenants and agreements are enforceable both by Landlord and also by any partner of any partnerships who have any interest in the property, or any member, manager, shareholder, officer, employee, member or director manager or shareholder of Landlord.