Limitation on Lessor's Liability. If Lessor is in default of this Lease, and, as a consequence, Lessee recovers a money judgment against Lessor, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Lessor in the Premises, or in the building, other improvements, and land of which the Premises are part, and out of rent or other income from such real property receivable by Lessor or out of the consideration received by Lessor from the sale or other disposition of all or any part of Lessor's right, title, and interest in the Premises or in the building, other improvements, and land of which the Premises are part. Neither Lessor nor any of the partners comprising the partnership designated as Lessor shall be personally liable for any deficiency.
Limitation on Lessor's Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Lessor under this Lease (including any actual or alleged breach or default by Lessor) do not constitute personal obligations of the individual partners, directors, officers or shareholders of Lessor or Lessor's partners, and Lessee shall not seek recourse against the individual partners, directors, officers or shareholders of Lessor or Lessor'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 Lessee and notwithstanding anything contained in this Lease to the contrary, Lessee hereby covenants and agrees for itself and all of its successor and assigns that the liability of Lessor for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Lessor), shall be limited solely to, and Lessee's and its successors' and assigns' sole and exclusive remedy shall be against, Lessor's interest in the Building Project and proceeds therefrom, and no other assets of Lessor.
Limitation on Lessor's Liability. LESSEE AGREES THAT IT SHALL LOOK ONLY TO THE PREMISES IN SEEKING TO ENFORCE ANY OBLIGATIONS OR LIABILITIES WHATSOEVER OF LESSOR UNDER THIS LEASE OR TO SATISFY A JUDGEMENT (OR ANY OTHER CHARGE, DIRECTIVE OR ORDER) OF ANY KIND AGAINST LESSOR. LESSOR SHALL NOT LOOK TO THE PROPERTY OR ASSETS OF ANY OF THE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF LESSOR IN SEEKING TO ENFORCE ANY OBLIGATIONS OR LIABILITIES WHATSOEVER OF LESSOR UNDER THIS LEASE OR TO SATISFY A JUDGMENT (OR ANY OTHER CHARGE, DIRECTIVE OR ORDER) OF ANY KIND AGAINST LESSOR, AND IN NO EVENT SHALL ANY DEFICIENCY JUDGMENT BE SOUGHT OR OBTAINED AGAINST LESSOR. NO PERSON OR LEGAL ENTITY WHO OR WHICH IS A MEMBER, MANAGER, OFFICER, EMPLOYEE, AGENT OR REPRESENTATIVE OF LESSOR SHALL BE PERSONALLY LIABLE FOR ANY OBLIGATIONS OR LIABILITIES OF LESSOR UNDER THIS LEASE. LESSOR SHALL IN NO EVENT EVER BE LIABLE FOR ANY PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES OR BUSINESS LOSSES.
Limitation on Lessor's Liability. It is expressly understood and agreed by Lessee that none of Lessor's covenants, undertakings, or agreements are made or intended as personal covenants, undertakings or agreements by Lessor, and any liability for damage or breach or nonperformance by Lessor shall be collectible only out of Lessor's interest in the Building, and no personal liability its assumed by, nor at any time may be asserted against, Lessor or any of its officers, Company, employees, legal representatives, successors or assigns, all such liability, if any, being expressly waived and released by Lessee. Lessee acknowledges that Lessor has the right to transfer its interest in the land and Building and in this Lease, and Lessee agrees that in the event of any such transfer, Lessor shall automatically be released from all liability under this Lease and Lessee agrees to look solely to such transferee for the performance of Lessor's obligations hereunder.
Limitation on Lessor's Liability. Notwithstanding anything set forth in this lease to the contrary, it is agreed that LESSEE shall look solely to the equity of LESSOR in the building for the satisfaction of the remedies of LESSEE in the event of a breach by LESSOR of any of the provisions of this lease, and LESSOR shall not be liable for any such breach except to the extent of LESSOR's equity in the building.
Limitation on Lessor's Liability. Notwithstanding anything to the contrary in this Lease, in no event and under no theory of allocation of risk or liability shall Lessor or any Lessor Protected Party be responsible for, and Lessee releases and waives as against Lessor and all Lessor Protected Parties from, any and all Claims for any consequential, indirect, special or punitive damages, whether arising out of any injury or damage to, or interference with, Lessee’s business, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use.
Limitation on Lessor's Liability. The obligations of Lessor do not constitute the personal obligations of the individual partners, trustees, members, directors, officers or shareholders of Lessor or its constituent partners, if any. If Lessor shall fail to perform any covenant, term, or condition of the Lease upon Lessor's part to be performed, Lessee shall be required to deliver to Lessor written notice of the same. If, as a consequence of such default, Lessee shall recover a money judgment against Lessor, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Lessor in the Premise and out of Base Rent or other income from such disposition of all or any part of Lessor's right, title or interest in the Premises, and no action for any deficiency may be sought or obtained by Lessee.
Limitation on Lessor's Liability. Lessor's submittal and/or approval -------------------------------- of the Final Space Plan. Working Drawings and Approved Working Drawings (collectively, the "Construction Drawings") as set forth in this Section 5 shall not imply Lessor review of the same, or obligate Lessor to review the same for quality, design, compliance with codes or other like matters. EXHIBIT B --------- [790 E. COLORADO BLVD. -- THIRD FLOOR PLAN] SECTION 2 --------- CONSTRUCTION COSTS AND OVER-ALLOWANCE AMOUNT -------------------------------------------- Lessor and Lessee hereby agree that Lessor shall at Lessor's sole cost and expense, improve Lessee's Premises consistent with the space plan developed by City Spaces and approved by CitySearch. The intention of the parties herein is to develop at Landlord expense, standard professional office space in all areas of Lessee's Premises except for the Computer Room. Specifically, Lessor shall at Lessor's sole cost and expense provide all necessary improvements to the Premises, including but not limited to, suspended ceilings, lighting, walls, doors, floor coverings, furniture low wall partition systems, telecommunications, cabling, fourplex electrical outlets (as required), a men's & women's shower facility, and breakroom including sink coffee and storage area. Lessor shall also build the demised area for the Computer Room consistent with buildings standards for the Premises. Lessee, at Lessee's sole cost and expense shall be responsible for the development of the Computer Room beyond building standard including any additional air conditioning units, fire suppression systems, floor support system, etc.
Limitation on Lessor's Liability. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings and agreements herein made on the part of the Lessor, while in form purporting to be representations, covenants, undertakings and agreements of the Lessor are, nevertheless, each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Lessor or for the purpose or with the intention of binding said Lessor personally, but are made and intended for the purpose of binding only Lessor’s interest in the Premises to the terms of this Lease and for no other purpose whatsoever, and in the event of a default by Lessor, Lessee shall look solely to the interest of Lessor in the Premises. No duty shall rest upon Lessor to sequester the Premises or the rents, issues and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof. Except in the case of the negligence or willful misconduct of the Lessor, no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against Lessor on account of this Lease or on account of any representation, covenant, undertaking or agreement of the Lessor in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by the Lessee herein and to all persons claiming by, through, or under said Lessee. The foregoing limitation on Lessor’s liability shall inure to and for the benefit of Lessor and its successors and assigns.
Limitation on Lessor's Liability. If Lessor is in default of this Lease, and, as a consequence, Lessee recovers a money judgment against Lessor, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Lessor in the Premises, or in the building, other improvements, and land of which the Premises are part, and out of rent or other income from such real property receivable by Lessor or out of the consideration, received by Lessor from the sale or other disposition of all or any part of Lessors right, title, and interest in the Premises or in the building, other improvements, and land of which the Premises are part. Neither Lessor nor any of the partners comprising the partnership designated as Lessor shall be personally liable for any deficiency. The foregoing limitation shall not apply, however, to any losses, costs, claim or damages arising from or relating to the failure of a successor or assignee of Lessor to assume liability for the defaults or obligations of Lessor as it pertains to the security deposit and any prepaid rent which accrued prior to the date of an assignment or other transfer of Lessor's interest in the Premises.
