Common use of Limitations on Indemnification by Lessor Clause in Contracts

Limitations on Indemnification by Lessor. The Lessor's obligation to indemnify and hold harmless any Indemnified Party under this Section: (i) is not an individual or personal obligation of the Lessor, but solely its obligation in its capacity as Lessor, and nothing herein shall be construed as creating any liability on the Lessor, individually or personally, to pay, indemnify or hold harmless any Indemnified Party under this Section; (ii) is not an obligation binding on the Lessor except to the extent of any payments received by the Lessor pursuant to the Indemnification Sections; (iii) shall be paid and discharged solely and exclusively from amounts received by the Lessor pursuant to the Indemnification Sections, and it is expressly agreed by each Indemnified Party that the sole recourse of each such Person for payment or discharge of the indemnification obligations created under this SECTION 13.14 shall be to such amounts paid by the Lessee or the Guarantor pursuant to the Indemnification Sections; and (iv) is the sole and exclusive right of each Indemnified Party against the Lessor, and any right to proceed against the Lessor individually or otherwise under common law, federal or state securities laws or otherwise for indemnification or contribution in connection with the matters covered by this SECTION 13.14, is hereby expressly waived by each Indemnified Party (other than claims that may be made against the Lessor, individually or personally, for fraud, gross negligence or willful misconduct). Nothing in this SECTION 13.14 is intended as or should be construed as a limitation on the right of any Indemnified Party to make indemnification, contribution or other claims of any kind against the Lessee or the Guarantor, to the extent that such claims otherwise may be made, with respect to any matter, including indemnification for Losses of the type referred to in this SECTION 13.14.

Limitations on Indemnification by Lessor. The Lessor's obligation ---------------------------------------- to indemnify and hold harmless any Indemnified Party under this Section: (i) is not an individual or personal obligation of the Lessor, but solely its obligation in its capacity as Lessor, and nothing herein shall be construed as creating any liability on the Lessor, individually or personally, to pay, indemnify or hold harmless any Indemnified Party under this Section; (ii) is not an obligation binding on the Lessor except to the extent of any payments received by the Lessor pursuant to the Indemnification Sections; (iii) shall be paid and discharged solely and exclusively from amounts received by the Lessor pursuant to the Indemnification Sections, and it is expressly agreed by each Indemnified Party that the sole recourse of each such Person for payment or discharge of the indemnification obligations created under this SECTION Section 13.14 shall be to such amounts paid ------------- by the Lessee or the Guarantor pursuant to the Indemnification Sections; and (iv) is the sole and exclusive right of each Indemnified Party against the Lessor, and any right to proceed against the Lessor individually or otherwise under common law, federal or state securities laws or otherwise for indemnification or contribution in connection with the matters covered by this SECTION Section 13.14, is hereby expressly waived by ------------- each Indemnified Party (other than claims that may be made against the Lessor, individually or personally, for fraud, gross negligence or willful misconduct). Nothing in this SECTION Section 13.14 is intended as or should be construed as a ------------- limitation on the right of any Indemnified Party to make indemnification, contribution or other claims of any kind against the Lessee or the GuarantorLessee, to the extent that such claims otherwise may be made, with respect to any matter, including indemnification for Losses of the type referred to in this SECTION Section 13.14.. -------------

Limitations on Indemnification by Lessor. The Lessor's obligation to indemnify and hold harmless any Indemnified Lessor Party under this SectionSection 9.25: (i) is not an individual or a personal obligation of the Lessor, but solely its obligation in its capacity as Lessor, and nothing herein shall be construed as creating any liability on the Lessor, individually or personally, to pay, indemnify or hold harmless any Indemnified Party under this Section; (ii) is not an obligation binding on the Lessor except to the extent of any payments received by the Lessor pursuant to the Indemnification SectionsSection 9.14(a)(xvi); (iiiii) shall be paid and discharged solely and exclusively from amounts received by the Lessor pursuant to the Indemnification Sections, Section 9.14(a)(xvi); and it is expressly agreed by each Indemnified Lessor Party that the sole recourse of each such Person for payment or discharge of the indemnification obligations created under this SECTION 13.14 Section 9.25 shall be to such amounts paid by the Lessee Company, pursuant to Section 9.14(a) or the Guarantor pursuant to the Indemnification Sections; andother Operative Documents; (iviii) is the sole and exclusive right of each Indemnified Lessor Party against the Lessor, and any right to proceed against the Lessor individually or otherwise under common law, federal or state securities laws or otherwise for indemnification or contribution in connection with the matters covered by this SECTION 13.14Section 9.25, is hereby expressly waived by each Indemnified Lessor Party (other than claims that may be made against the Lessor, individually or personally, for breach of this Section 9.25, fraud, gross negligence or willful misconduct). Nothing in this SECTION 13.14 Section 9.25 is intended as or should be construed as a limitation on the right of any Indemnified Lessor Party under the Operative Documents to make indemnification, contribution or other claims of any kind against the Lessee or Company on behalf of the GuarantorLessor, to the extent that such claims otherwise may be mademade under the Operative Documents, with respect to any matter, including indemnification for Losses of the type referred to in this SECTION 13.14Section 9.25.

Limitations on Indemnification by Lessor. The Lessor's obligation to indemnify and hold harmless any Indemnified Party under this Section: (i) is not an individual or personal obligation of the LessorLessor or the Bank, but solely its obligation in its capacity as LessorOwner Trustee, and nothing herein shall be construed as creating any liability on the LessorBank, individually or personally, to pay, indemnify or hold harmless any Indemnified Party under this Section; (ii) is not an obligation binding on the Lessor Trust Estate created by the Trust Agreement except to the extent of any payments received by the Lessor pursuant to the Indemnification Sections; (iii) shall be paid and discharged solely and exclusively from amounts received by the Lessor pursuant to the Indemnification Sections, and it is expressly agreed by each Indemnified Party that the sole recourse of each such Person for payment or discharge of the indemnification obligations created under this SECTION 13.14 Section shall be to such amounts paid by the Lessee or the Guarantor pursuant to the Indemnification Sections; and; (iv) is the sole and exclusive right of each Indemnified Party against the Lessor, and any right to proceed against the Lessor individually or otherwise under common law, federal or state securities laws or otherwise for indemnification or contribution in connection with the matters covered by this SECTION 13.14Section, is hereby expressly waived by each Indemnified Party (other than claims that may be made against the LessorLessor or the Bank, individually or personally, for fraud, gross negligence or willful misconduct). Nothing in this SECTION 13.14 Section is intended as or should be construed as a limitation on the right of any Indemnified Party to make indemnification, contribution or other claims of any kind against the Lessee or the Guarantor, to the extent that such claims otherwise may be made, with respect to any matter, including indemnification for Losses of the type referred to in this SECTION 13.14Section.