Common use of Limitation on Recourse Clause in Contracts

Limitation on Recourse. Landlord has executed this 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 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. Notwithstanding anything contained in this First Amendment or the Lease to the contrary, liability with respect to the entry and performance of the Lease (as amended hereby) 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 the Lease as amended, 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 the Lease as amended, the relationship of Landlord and Tenant or Tenant'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 First Amendment Lease 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 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. Notwithstanding anything contained in this First Amendment or the Lease to the contrary, liability Liability with respect to the entry and performance of the this Lease (as amended hereby) 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 the Lease as amendedthis 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 the Lease as amendedthis Lease, the relationship of Landlord and Tenant or Tenant'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 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 First Amendment Lease 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 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. Notwithstanding anything contained in this First Amendment or the Lease to the contrary, liability Liability with respect to the entry and performance of the this Lease (as amended hereby) 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 the Lease as amendedthis 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 the Lease as amendedthis Lease, the relationship of Landlord and Tenant or Tenant'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 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 authorized representative or trustee, or for the purpose of binding such authorized representative or trustee personally, but solely contrary in the exercise of the representative powers conferred upon such authorized representative and trustee by their principal. Notwithstanding anything contained in this First Amendment or the Lease to the contraryLease, liability with respect to the entry and performance of the Lease (as amended hereby) 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 ’s estate and equity interest in the Building; provided, however, such liability shall not exceed twenty percent (20%) of Landlord’s equity in the Building. Neither Notwithstanding anything to contrary, in no event shall Landlord nor or any of Landlord's Agents shall the Landlord Parties have any personal liability in the event of any claim against Landlord arising out of or in connection with the Lease as amendedthis Lease, the relationship of Landlord and Tenant or Tenant's ’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 be had to the Lease as amended, 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 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.. 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,

Limitation on Recourse. Landlord has executed this First Second Amendment by its authorized representative signing solely in a representative capacity. Notwithstanding anything contained in this First 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 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. Notwithstanding anything contained in this First Second Amendment or the Lease to the contrary, liability with respect to the entry and performance of 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 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 the Lease as amended, 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 the Lease as amended, the relationship of Landlord and Tenant or Tenant'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 First Amendment Lease by its authorized representative trustee 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 authorized representative or trustee, or for the purpose of binding such authorized representative or the trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative and the trustee by their its principal. Notwithstanding anything contained in this First Amendment or the Lease to the contrary, liability Liability with respect to the entry and performance of the this Lease (as amended hereby) 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 the Lease as amendedthis 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 the Lease as amendedthis Lease, the relationship of Landlord and Tenant or Tenant'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. 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 First Amendment Lease by its authorized representative trustee 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 authorized representative or trustee, or for the purpose of binding such authorized representative or the trustee personally, but solely in the exercise of the representative powers conferred upon such authorized representative and the trustee by their its principal. Notwithstanding anything contained in this First Amendment or the Lease to the contrary, liability Liability with respect to the entry and performance of the this Lease (as amended hereby) 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 To the extent permitted by applicable law, 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 the Lease as amendedthis 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 the Lease as amendedthis Lease, the relationship of Landlord and Tenant or Tenant'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 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 First Amendment Lease 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 trusteerepresentative, 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. Notwithstanding anything contained in this First Amendment or the Lease to the contrary, liability Liability with respect to the entry and performance of the this 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 the Lease as amendedthis 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 the Lease as amendedthis Lease, 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 paragraphSection 4.27, is expressly waived and released by Tenant and by all persons claiming by, through or under Tenant.