Common use of Limitation on Recourse Clause in Contracts

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative or for the purpose of binding such authorized representative personally, but solely in the exercise of the representative powers conferred upon such authorized representative by their principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s estate and equity interest in the Building. Neither Landlord nor any of Landlord’s Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Further, in no event whatsoever shall any Landlord’s Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants obligations of Landlord are made and intended, under this Lease (including any actual or alleged breach or default by Landlord) do not as constitute personal covenants obligations of the individual partners, directors, officers, shareholders, trustees, advisors or agents of Landlord or Landlord’s authorized representative 's partners, and Tenant shall not seek recourse against the individual partners, directors, officers or shareholders, trustees, advisors or agents of Landlord or Landlord's partners, or any of their personal assets for the purpose satisfaction of binding such authorized representative personally, but solely in the exercise of the representative powers conferred upon such authorized representative by their principal. Liability any liability with respect to this Lease. In addition, in consideration of the entry benefits accruing hereunder to Tenant and performance of 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 or on behalf of Landlord, however it may arise), shall be asserted limited solely to, and enforced only Tenant's and its successors' and assigns' sole and exclusive remedy shall be against Landlord’s estate and equity 's interest in the Building. Neither Landlord nor any , the Complex and Land and/or such respective partnership interests or assets and proceeds therefrom, and no other assets of Landlord’s Agents shall have any personal liability in . In the event of that the original Landlord hereunder, or any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use successor owner of the Premises. FurtherBuilding, in no event whatsoever shall any Landlord’s Agent have any liability sell or responsibility whatsoever arising out of or in connection with this Leaseconvey the Building, all liabilities and obligations on the relationship of Landlord and Tenant or Tenant’s use part of the Premises. Any and all personal liabilityoriginal Landlord, if anyor such successor owner, beyond that which may be asserted under this paragraphLease occurring thereafter shall terminate as of the day of such sale, is expressly waived and released by Tenant thereupon all such liabilities and by all persons claiming by, through or under Tenantobligations shall be binding on the new owner.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative or for the purpose of binding such authorized representative personally, but solely in the exercise of the representative powers conferred upon such authorized representative by their principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s estate and equity interest in the Building, together with any and all rents, accounts and insurance proceeds related thereto (the “Building Assets”). Neither Except to the extent of Landlord’s interests in the Building Assets, either Landlord nor any of Landlord’s Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Further, in no event whatsoever shall any of Landlord’s Agent or Tenant’s Agents have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and Landlord and by all persons claiming by, through or under TenantTenant and Landlord.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative or for the purpose of binding such authorized representative personally, but solely in the exercise of the representative powers conferred upon such authorized representative by their principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s estate and equity interest in the BuildingBuilding (and any insurance proceeds or rental income due Landlord), so that in no event shall Tenant be entitled to a deficiency judgment against Landlord. Neither Landlord nor any of Landlord’s Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Further, in no event whatsoever shall any of Landlord’s Agent Agents have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraphparagraph 4.26, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant. No officer, director, member, shareholder or partner of Tenant or Tenant’s Agents shall have any personal liability for Tenant’s obligations under this Lease, unless otherwise expressly set forth in this Lease. Notwithstanding the foregoing, this section shall not be deemed to release Landlord, or Tenant from any breach of a provision of this Lease.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, . Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative or trustee, or for the purpose of binding such authorized representative or trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative and trustee by their principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s estate and equity interest in the Building. Neither Landlord nor any of Landlord’s Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Further, in no event whatsoever shall any Landlord’s Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease First Amendment by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this First Amendment or the Lease to the contrary, Tenant confirms that the covenants of Landlord under the Lease as amended hereby are made and intended, not as personal covenants of the Landlord’s 's authorized representative or trustee, or for the purpose of binding such authorized representative or trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative and trustee by their principal. Liability Notwithstanding anything contained in this First Amendment or the Lease to the contrary, liability with respect to the entry and performance of this the Lease (as amended hereby) by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s 's estate and equity interest in the Building. Neither Landlord nor any of Landlord’s 's Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Leasethe Lease as amended, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Further, in no event whatsoever shall any Landlord’s 's Agent have any liability or responsibility whatsoever arising out of or in connection with this Leasethe Lease as amended, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Any and all personal liability, if any, beyond that BOl 15687368.6 / 32203-000154 which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative representative, or for the purpose of binding such authorized representative personally, but solely in the exercise of the representative powers conferred upon such authorized representative by their principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s estate and equity interest in the Building. Neither Landlord nor any of Landlord’s Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Further, in no event whatsoever shall any Landlord’s Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraphSection 4.27, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative trustee signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative trustee, or for the purpose of binding such authorized representative the trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative the trustee by their its principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s 's estate and equity interest in the Building. Neither Landlord nor any of Landlord’s 's Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Further, in no event whatsoever shall any Landlord’s 's Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or to take any other action which shall not involve the personal liability of Landlord or any of Landlord's Agents to respond in monetary damages from Landlord's assets other than the Landlord's interest in the Building, as aforesaid.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative trustee signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative trustee, or for the purpose of binding such authorized representative the trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative the trustee by their its principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s estate and equity interest in the Building. Neither Landlord nor any of Landlord’s Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Further, in no event whatsoever shall any Landlord’s Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraphSection 4.26, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative trustee signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative trustee, or for the purpose of binding such authorized representative the trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative the trustee by their its principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s 's estate and equity interest in the Building. Neither To the extent permitted by applicable law, neither Landlord nor any of Landlord’s 's Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Further, in no event whatsoever shall any Landlord’s 's Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises; provided that the foregoing limitation with respect to Landlord's Agents shall not release Manager from liability for the negligent or malfeasant acts or omissions of Manager, its agents or employees. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease First Amendment by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this First Amendment or the Lease to the contrary, Tenant confirms that the covenants of Landlord under the Lease as amended hereby are made and intended, not as personal covenants of the Landlord’s 's authorized representative or trustee, or for the purpose of binding such authorized representative or trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative and trustee by their principal. Liability Notwithstanding anything contained in this First Amendment or the Lease to the contrary, liability with respect to the entry and performance of this the Lease (as amended hereby) by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s 's estate and equity interest in the Building. Neither Landlord nor any of Landlord’s 's Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Leasethe Lease as amended, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Further, in no event whatsoever shall any Landlord’s 's Agent have any liability or responsibility whatsoever arising out of or in connection with this Leasethe Lease as amended, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.-16- BOI 15687368.6/32203·000154

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s 's authorized representative or trustee, or for the purpose of binding such authorized representative or trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative and trustee by their principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s 's estate and equity interest in the Building. Neither Landlord nor any of Landlord’s 's Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Further, in no event whatsoever shall any Landlord’s 's Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises, provided that the foregoing provisions of this sentence shall not affect Landlord's liability hereunder or the limitations on same contained herein. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained The term "Landlord" as used in this Lease to means only the contraryowner, Tenant confirms that the covenants holder of Landlord are made and intended, not as personal covenants a lease or the mortgagee in possession for the time being of the Landlord’s authorized representative or for the purpose of binding such authorized representative personallyPremises, but solely in the exercise of the representative powers conferred upon such authorized representative by their principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s estate and equity interest in the Building. Neither Landlord nor any of Landlord’s Agents shall have any personal liability so that in the event of any claim against sale of the Building or an assignment of this Lease or an underlying lease, Landlord herein shall be and hereby is entirely freed and relieved of all obligations of Landlord hereunder thereafter accruing or arising out without the necessity of further agreement between the parties and by operation of such sale or in connection assignment such purchaser, assignee or lessee agrees that the purchaser, assignee or lessee has assumed and agreed to observe and perform all obligations of Landlord hereunder. No such sale or assignment shall be deemed to relieve Landlord for any obligation arising or accruing under this Lease prior to the effective date of such sale or assignment. Notwithstanding anything herein contained to the contrary, it is specifically understood and agreed that there shall be no personal liability on the part of the Landlord (or its shareholders, venturers and partners, their shareholders, venturers and partners, and all of their officers, directors and employees), with respect to any of the terms, provisions, covenants and conditions of this Lease, and that Tenant shall look solely to the relationship estate, property and equity of Landlord or such successor in interest in the Building and subject to the prior rights of any mortgagee or ground lessee, for the satisfaction of each and every remedy of Tenant in the event of any breach by Landlord or Tenant’s use by such successor in interest of any of the Premises. Furtherterms, in no event whatsoever provisions, covenants and conditions of this Lease to be performed by Landlord, which exculpation of personal liability shall any Landlord’s Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord be absolute and Tenant or Tenant’s use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenantwithout exception.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s 's authorized representative or trustee, or for the purpose of binding such authorized representative or trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative and trustee by their principal. Liability with respect to the entry and performance of this Lease by or on behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s 's estate and equity interest in the Building. Neither Landlord nor any of Landlord’s 's Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Further, in no event whatsoever shall any Landlord’s 's Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease Second Amendment by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Second Amendment or the Lease to the contrary, Tenant confirms that the covenants of Landlord under the Lease as amended hereby are made and intended, not as personal covenants of the Landlord’s 's authorized representative or trustee, or for the purpose of binding such authorized representative or trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative and trustee by their principal. Liability Notwithstanding anything contained in this Second Amendment or the Lease to the contrary, liability with respect to the entry and performance of this the Lease (as amended hereby) by or on BOJ 1590841!!.8 / 32203-000154 behalf of Landlord, however it may arise, shall be asserted and enforced only against Landlord’s 's estate and equity interest in the Building. Neither Landlord nor any of Landlord’s 's Agents shall have any personal liability in the event of any claim against Landlord arising out of or in connection with this Leasethe Lease as amended, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Further, in no event whatsoever shall any Landlord’s 's Agent have any liability or responsibility whatsoever arising out of or in connection with this Leasethe Lease as amended, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.

Limitation on Recourse. Landlord has executed this Lease by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this Lease to the contrary, Tenant confirms that the covenants of Landlord are made and intended, not as personal covenants of the Landlord’s authorized representative or for the purpose of binding such authorized representative personally, but solely contrary in the exercise of the representative powers conferred upon such authorized representative by their principal. Liability Lease, liability with respect to the entry and performance of this Lease any breach or default by or on behalf of LandlordLandlord under this Lease, however it may arise, shall be asserted and enforced only against Landlord’s estate and equity interest in the Building. Neither Landlord nor any ; provided, however, such liability shall not exceed twenty percent (20%) of Landlord’s Agents equity in the Building. Notwithstanding anything to contrary, in no event shall Landlord or any of the Landlord Parties have any personal liability in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises. Further, in and no event whatsoever recourse shall any Landlord’s Agent have any liability or responsibility whatsoever arising out of or in connection with this Lease, be had to the relationship assets of Landlord and Tenant or Tenant’s use of the PremisesLandlord Parties other than as set forth in the foregoing sentence. Any and all personal liability, if any, beyond that which may be asserted under this paragraph, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.. Furthermore, in no event shall Tenant have a right to, nor shall Landlord or the Landlord Parties be liable for, punitive, consequential or special damages in connection with this Lease, at common law or through tort. Tenant hereby waives any rights it has or may have to such punitive, consequential or special damages in connection with this Lease, including without limitation damages arising from a breach of or default by Landlord under the Lease or a breach of any common law, tort or statutory duties owed to Tenant by Landlord. As used in this paragraph, “Landlord Parties” means Landlord’s members, managers, employees, agents and lender, and Boysen & Boysen,