Common use of Limitation on Right of Recovery Against Landlord Clause in Contracts

Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited to Landlord’s interest in the Shopping Center and any judgments rendered against Landlord shall be satisfied solely out of its interest in the Shopping Center. No personal judgment shall lie against Landlord upon extinguishment of its rights in the Shopping Center and any judgment so rendered shall not give rise to any right of execution or levy against Landlord’s assets. The provisions hereof shall inure to Landlord’s successors and assigns including any mortgagee of Landlord. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord’s obligations under the Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant’s rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under the Lease. If Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s consent or approval, Xxxxxx’s sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claim for any money damages in any action or by way of set off, defense or counterclaim, and Tenant hereby specifically waives the right to any money damages or other remedies.

Appears in 2 contracts

Samples: Master Condominium Shopping Center Lease Agreement, Master Condominium Shopping Center Lease Agreement

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Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited to Landlord’s its interest in the Shopping Center Area and any judgments rendered against Landlord shall be satisfied solely out of the proceeds of sale of its interest in the Shopping CenterCenter Area. No personal judgment shall lie against Landlord upon extinguishment of its rights in the Shopping Center Area and any judgment so rendered shall not give rise to any right of execution or levy against Landlord’s 's assets. The provisions hereof shall inure to Landlord’s 's successors and assigns including any mortgagee of LandlordMortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord’s 's obligations under the this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant’s 's rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under the this Lease. If Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s 's consent or approval, Xxxxxx’s Tenant's sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claim for any money damages in any action or by way of set off, defense or counterclaim, counterclaim and Tenant hereby specifically waives the right to any money damages or other remedies.

Appears in 2 contracts

Samples: Lease Agreement (Ciao Cucina Corp), Lease Agreement (Boston Restaurant Associates Inc)

Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of the Landlord under this Lease shall be limited to the Landlord’s interest in the Shopping Center building or premises in question and any judgments rendered against Landlord shall be satisfied solely out of its the proceeds of sale of the Landlord’s interest in the Shopping Centersaid building and/or premises. No personal judgment shall lie against Landlord upon extinguishment extinguishments of its the Landlord’s rights in the Shopping Center premises or building and any judgment so rendered shall not give rise to any right of execution or levy against Landlord’s assets. The provisions hereof shall inure enure to Landlord’s successors and assigns including any mortgagee of Landlordmortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord’s obligations under the this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant’s rights to obtain injunctive relief or for specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under the this Lease. If Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s consent or approval, XxxxxxTenant’s sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claim for any money damages in any action or by way of set off, defense or counterclaim, counterclaim and Tenant hereby specifically waives the right to any money damages or other remedies.

Appears in 1 contract

Samples: Business Lease Agreement (Enviro Technologies, Inc.)

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Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited to Landlord’s its interest in the Shopping Center Premises and any judgments rendered against Landlord shall be satisfied solely out of the proceeds of sale of its interest in the Shopping CenterPremises. Notwithstanding any contrary provision contained in this Lease, (i) in no event shall Landlord be liable for any consequential, special or punitive damages arising out of or related to this Lease and (ii) in no event shall any member, manager, employee, director, shareholder, partner, officer or director of Landlord have any personal liability under or pursuant to this Lease. No personal judgment shall lie be against Landlord upon extinguishment of its rights in the Shopping Center Premises and any judgment judgments so rendered shall not give rise to any right of execution or levy against Landlord’s assets. The provisions hereof shall inure to Landlord’s successors and assigns including any mortgagee of LandlordMortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord’s obligations under the this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant’s rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under the this Lease. If Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s consent or approval, Xxxxxx’s sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claim for any money damages in any action or by way of set off, defense or counterclaim, and Tenant hereby specifically waives including the right to recover the amount of any money damages final, non-appealable judgment through the offset of Rental due hereunder. This Section 19.18 shall survive any termination or other remediesexpiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Argos Therapeutics Inc)

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