Common use of LIMITATIONS ON INDEMNIFICATION UNDER Clause in Contracts

LIMITATIONS ON INDEMNIFICATION UNDER. ARTICLE 3. Notwithstanding anything contained herein to the contrary, the Contributor shall not be liable or obligated to make payments under this ARTICLE 3 with respect to any Property or Partnership Interest to the extent such payments in the aggregate would exceed the value of the OP Units (based upon the initial public offering price of the Common Stock) received by the Contributor at the Closing. Notwithstanding anything contained herein to the contrary, the Indemnified Parties shall look first to the Contributor's OP Units for indemnification under this ARTICLE 3 and then to the Contributor's other assets.