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

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against 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, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Landlord’s interest in the Building and the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom), and no other assets of Landlord. Notwithstanding any contrary provision herein, neither Landlord nor the individual partners, directors, officers, members or shareholders of Landlord nor Landlord’s members or partners or any other persons or entities having any interest in Landlord, shall be liable under any circumstances for injury or damage to, or interference with Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s members or 's partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s members or partners or any other persons or entities having any interest in Landlord's partners, 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, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, to the fair market value of Landlord’s 's equity interest in the Building and Site. The foregoing provisions are not intended to relieve Landlord from the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom), and no other assets performance of any of Landlord. Notwithstanding any contrary provision herein's obligations under this Lease, neither Landlord nor but only to limit the individual partners, directors, officers, members or shareholders personal liability of Landlord nor Landlord’s members or partners or any other persons or entities having any interest in case of recovery of a judgment against Landlord, nor shall this Paragraph 34 be liable under any circumstances for injury deemed to limit Tenant's rights to obtain injunctive relief or damage to, or interference with Tenant’s business, including but not limited to, loss of profits, loss of rents specific performance or other revenues, loss of business opportunity, loss of goodwill or loss of useremedy which may be accorded Tenant at law, in each case, however occurringequity or under this Lease.

Limitation on Landlord’s Liability. Notwithstanding anything Upon the transfer of Landlord’s interest in this Lease, such transferor shall be relieved of all liability for the performance of any obligations on the part of the Landlord contained in this Lease to the contrary, provided that any successor landlord assumes all of the obligations of Landlord under this Lease Lease. The obligations of Landlord shall be binding upon the portion of the Property including the Building and insurance, condemnation, and any sale proceeds therefrom (the “Proceeds”), but not upon other assets of Landlord (including without limitation the property and any actual improvements thereon known as 000 Xxxxxx Xxxxxx). No individual member, manager, officer, employee, partner, trustee, director, stockholder, or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders beneficiary of Landlord or Landlord’s members or partnersshall be personally liable under this Lease, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against 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 look solely 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, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Landlord’s interest in the Building Property and Proceeds in pursuit of its remedies, and the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom), and no other general assets of Landlord. Notwithstanding any contrary provision herein, neither Landlord nor the individual partners, directors, officers, members or shareholders of Landlord nor Landlord’s members or partners or any such individual shall not be subject to sever, execution or other persons enforcement procedure to satisfy Tenant’s remedies. In no event shall Landlord or entities having any interest in Landlord, shall its successors ever be liable under for (i) any circumstances consequential, indirect, incidental, special, reliance, exemplary or punitive damages or (ii) any loss of revenue, profits or data. In no event shall Tenant ever be liable for injury any consequential, indirect, incidental, special, reliance, exemplary or damage topunitive damages, or interference with Tenant’s businessexcept as specifically set forth in this Lease including, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringSection 3.02.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s members or 's partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s members or partners or any other persons or entities having any interest in Landlord's partners, 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, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, to the fair market value of Landlord’s 's equity interest in the Building Site. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord's obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord, nor shall this Paragraph 34 be deemed to limit Tenant's rights to obtain injunctive relief or specific performance or other remedy which may be accorded Tenant at law, in equity or under this Lease. Notwithstanding the foregoing, should Landlord elect to self-insure for any of the risks for which insurance is required to be carried by Landlord under this Lease, the limitation of liability provided in this Paragraph 34 shall not apply to the extent that: (a) Tenant has a claim against Landlord for sums that would have been paid by Landlord's insurance had Landlord carried such insurance; and (b) the value of Landlord's interest in the Site and the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom), and no other assets of Landlord. Notwithstanding any contrary provision herein, neither Landlord nor the individual partners, directors, officers, members or shareholders of Landlord nor Landlord’s members or partners or any other persons or entities having any interest in Landlord, shall be liable under any circumstances for injury or damage to, or interference with Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringtherefrom is insufficient to satisfy such claim.

Limitation on Landlord’s Liability. Notwithstanding anything contained Anything in this Lease to the contrarycontrary notwithstanding, except as set forth below in this paragraph, Tenant agrees that Tenant and anyone claiming by, through or under Tenant shall look solely to the obligations interest and estate of Landlord in the Premises for the collection of any judgment requiring the payment of money by Landlord in the event of any default by Landlord under this Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against 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, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Landlord’s interest in the Building and the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom), and no other assets of the Landlord. Notwithstanding any contrary provision herein, neither Landlord nor the individual partnersLandlord's constituent partners or subpartners, directorsemployees, officers, members directors or shareholders shall be subject to levy, execution or other judicial process for the satisfaction of Landlord nor Tenant's claim. The foregoing exculpation shall not be applicable in the event of fraud. Further, in the event of a foreclosure or deed-in-lieu of foreclosure, the foregoing exculpation shall not apply to and shall not limit Landlord’s members 's liability or partners obligation to indemnify for any damage, loss, liability, action or cause of action accruing prior to such foreclosure or deed-in-lieu of foreclosure. Additionally, the foregoing shall not be deemed to limit Tenant's rights to obtain injunctive relief or specific performance or to avail itself of any other persons right or entities having any interest remedy against Landlord which may be available to Tenant by law or in Landlord, shall be liable under any circumstances for injury or damage toequity, or interference with Tenant’s business, including but not limited to, loss under the terms of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringthis Lease.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s 's members or partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s '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 (excluding therefrom any damage resulting from Landlord's failure to carry insurance pursuant to Section 21 hereof)), shall be limited solely to, and Tenant’s 's and its successors’ ' and assigns’ ' sole and exclusive remedy shall be against, Landlord’s 's interest in the Building and the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom)Project, and no other assets of Landlord. Notwithstanding any contrary provision herein, neither Landlord nor the individual partners, directors, officers, members Nothing contained herein will be deemed to constitute a waiver of Tenant's rights to seek recovery for losses covered or shareholders required to be covered by Landlord's insurance pursuant to Section 21 of Landlord nor Landlord’s members or partners or any other persons or entities having any interest in Landlord, shall be liable under any circumstances for injury or damage to, or interference with Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringthis Lease.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members officers or shareholders of Landlord or Landlord’s members or 's partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members officers or shareholders of Landlord or against Landlord’s members or partners or any other persons or entities having any interest in Landlord's partners, 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 except as provided in the last sentence of this Section 30, 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, and Tenant’s 's and its successors’ ' and assigns’ ' sole and exclusive remedy shall be against, Landlord’s 's interest in the Building Project, including the rents, issues and the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom), profits of Landlord therefrom and no other assets of Landlord. Notwithstanding However, Landlord agrees that the immediately preceding sentence shall not apply to any contrary provision herein, neither liability Landlord nor may have to Tenant pursuant to Section 7.2 of Exhibit "B" below in the individual partners, directors, officers, members or shareholders of Landlord nor event that Landlord’s members or partners or any other persons or entities having any 's interest in Landlord, shall be liable under any circumstances for injury the Project is acquired as a result of a foreclosure or damage to, or interference with Tenant’s business, including but not limited to, loss a deed in lieu of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringforeclosure.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any actual or alleged breach breech or default by Landlord) do not constitute personal obligations of the individual Individual partners, directors, officers, members officers or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members officers or shareholders of Landlord or against Landlord’s members or partners or any other persons or entities having any interest in Landlordpartners, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in 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 Including any liability as a result of any actual or alleged failure, breach or default hereunder by Landlord), shall be limited solely to, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Landlord’s interest in the Building Premises (Including, without limitation, all profits, rents and the Site (together with all salessales proceeds arising therefrom, insuranceincluding, condemnationwithout limitation, rent condemnation awards and other proceeds therefrominsurance proceeds), and no other assets of Landlord. Notwithstanding any contrary provision herein, neither Landlord nor the individual partners, directors, officers, members or shareholders of Landlord nor Landlord’s members or partners or any other persons or entities having any interest in Landlord, shall be liable under any circumstances for injury or damage to, or interference with Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

Limitation on Landlord’s Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s members or partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against 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, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Landlord’s interest in the Building and the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom)Building, and no other assets of Landlord. Tenant’s remedies shall be limited solely and exclusively to an amount which is equal to the lesser of (a) the interest in the Building of the then current Landlord . Notwithstanding any contrary provision herein, neither Landlord nor the individual partners, directors, officers, members or shareholders of Landlord nor Landlord’s members or partners or any other persons or entities having any interest in Landlord, shall be liable under any circumstances for injury or damage to, or interference with Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

Limitation on Landlord’s Liability. Notwithstanding anything contained It is expressly understood and agreed by Tenant that none of Landlord's covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by Landlord and any liability of Landlord for damages or breach or nonperformance by Landlord or otherwise arising under or in connection with this Lease to or the contrary, the obligations relationship of Landlord under this Lease (including any actual or alleged breach or default by and Tenant hereunder, shall be collectible only out of Landlord) do not constitute personal obligations of 's interest in the individual partnersLand, directors, officers, members or shareholders of Landlord or Landlord’s members or partnersBuilding, and Tenant shall not seek recourse against Center, in each case as the individual partnerssame may then be encumbered, directorsand no personal liability is assumed by, officersnor at any time may be asserted against, members or shareholders of Landlord or against Landlord’s members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction its officers, agents, employees, legal representatives, successors or assigns, all such liability, if any, being expressly waived and released by Tenant. The provisions of this Section (34) are not intended to relieve Landlord from the performance of any of Landlord's obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgement against Landlord; nor shall the foregoing be deemed to limit Tenant's right to obtain injunctive relief or specific performance. In no event shall Landlord's liability for any breach of this Lease exceed the amount of Base Rent then remaining unpaid for the then current Term (exclusive of any extension periods which have not then actually commenced), except for any liabilities that are covered by Landlord's liability insurance. This provision is not intended to be a measure or agreed amount of Landlord's liability with respect to this Leaseany particular breach and shall not be utilized by any court or otherwise for the purpose of determining any liability of Landlord hereunder, except only as a maximum amount not to be exceeded in any event. In additionLandlord shall not be considered to be in default hereunder, in consideration unless Landlord (i) shall fail to perform a covenant, term or condition 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 be performed by Landlord), (ii) shall be limited solely toreceive written notice of the same from Tenant specifying a such nonperformance, and Tenant’s and its successors’ and assigns’ sole and exclusive remedy (iii) shall be against, Landlord’s interest in fail to cure the Building and same within thirty (30) days after written notice of the Site (together with all sales, insurance, condemnation, rent and other proceeds therefrom), and no other assets of Landlord. Notwithstanding any contrary provision herein, neither Landlord nor same or such longer time as is necessary to cure the individual partners, directors, officers, members or shareholders of Landlord nor Landlord’s members or partners or any other persons or entities having any interest in Landlord, shall be liable under any circumstances for injury or damage to, or interference with Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurringsame.