Common use of LIMITATIONS ON LANDLORD’S LIABILITY Clause in Contracts

LIMITATIONS ON LANDLORD’S LIABILITY. (a) Tenant shall look solely to Landlord’s interest in the Building (including proceeds from sale, casualty or condemnation thereof) for the enforcement, collection or satisfaction of any judgment or other judicial process against Landlord, and no other property or assets of Landlord or of any of its partners, managers, trustees, participants, officers, directors, shareholders, employees, members representatives, agents, parent and/or subsidiary entities and/or individuals, attorneys, insurers, or agents or of any other person shall be subject to levy, execution or other enforcement procedure for the enforcement, collection or satisfaction of any such judgment or other process or any other matter arising under or out of this Lease or the relationship of Landlord and Tenant hereunder, or otherwise. Notwithstanding anything to the contrary contained in this Lease, in the event of a default by Tenant hereunder, no shareholder, partners, member, officer, director or principal of Tenant, whether disclosed or undisclosed, shall have any personal liability under this Lease nor shall any of their property or assets be subject to levy, execution or other enforcement procedure. (b) If, with respect to any matter for which Landlord’s consent or approval is required under this Lease, Landlord has agreed in this Lease not to unreasonably withhold, condition or delay (or any of foregoing qualifications) its consent or approval or, as a matter of law, Landlord may not unreasonably withhold, condition or delay (or any of the foregoing qualifications) its consent or approval, Tenant shall not be entitled to any damages for any withholding, conditioning or delaying (or any one of the foregoing qualifications) by Landlord of its consent or approval, and Tenant’s sole and exclusive recourse, right and remedy in such event shall be an action for a declaratory judgment, injunction or specific performance requiring the Landlord to give its consent or approval.

LIMITATIONS ON LANDLORD’S LIABILITY. (a) Tenant shall look solely to Landlord’s interest in the Building (including proceeds from sale, casualty Any liability of Landlord for damages for breach or condemnation thereof) for the enforcement, collection or satisfaction of any judgment or other judicial process against nonperformance by Landlord, and no other property or assets arising out of Landlord or of any of its partners, managers, trustees, participants, officers, directors, shareholders, employees, members representatives, agents, parent and/or subsidiary entities and/or individuals, attorneys, insurers, or agents or of any other person shall be the subject to levy, execution or other enforcement procedure for the enforcement, collection or satisfaction of any such judgment or other process or any other matter arising under or out of this Lease or the relationship created hereby, shall be collectible only out of Landlord Landlord's interest in the Complex and Tenant hereunderno personal liability is assumed by, or otherwisemay at any time be asserted against, Landlord, any parent and affiliated corporations, partnerships, limited liability companies, or other entities, its and their partners, venturers, managers, principals or other constituents, directors, officers, agents, servants and employees, or any of its or their successors or assigns; all such liability, if any, being expressly waived and released by Tenant. Notwithstanding anything The foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to the contrary contained obtain injunctive relief against Landlord or Landlord's successors in this Leaseinterest or any suit or action in connection with enforcement or collection of amounts which may become owing or payable under or on account of insurance which Landlord or Landlord's successors in interest may maintain. If Landlord or Landlord's successor in interest, in violation of the event terms of a default by Tenant hereunder, no shareholder, partners, member, officer, director or principal of Tenant, whether disclosed or undisclosed, shall have any personal liability under this Lease nor shall or the provisions of law, withholds, denies or delays any of their property or assets be subject to levy, execution or other enforcement procedure. (b) If, with respect to any matter for consent which Landlord’s consent or approval Tenant is required to obtain under this Lease, Landlord has agreed in this Lease not to unreasonably withhold, condition or delay (or any of foregoing qualifications) its consent or approval or, as a matter of law, Landlord Tenant may not unreasonably withhold, condition or delay (or any of the foregoing qualifications) its consent or approval, Tenant seek specific performance but shall not be entitled to damages therefor. Landlord's or such successor's review, supervision, commenting on or approval of any damages aspect of work to be done by or for any withholdingTenant (under the Tenant Construction Agreement, conditioning Section 9 hereof, or delaying (otherwise) are solely for Landlord's or any one of the foregoing qualifications) such successor's protection and, except as expressly provided in writing by Landlord of its consent or such successor after it has made or given such review, supervision, comment or approval, and Tenant’s sole and exclusive recourse, right and remedy in such event shall be an action for a declaratory judgment, injunction create no warranties or specific performance requiring the Landlord duties to give its consent Tenant or approvalto third parties.

LIMITATIONS ON LANDLORD’S LIABILITY. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (aincluding as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners, and Tenant shall look not seek recourse against the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord’s members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and 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 Xxxxxxxx), shall be limited solely to Landlordto, and Xxxxxx’s and its successors’ and assigns’ sole and exclusive remedy shall be against, Xxxxxxxx’s interest in the Building (including proceeds from sale, casualty or condemnation thereof) for the enforcement, collection or satisfaction of any judgment or other judicial process against LandlordProperty, and no other property or assets of Landlord. The term “Landlord” as used in this Lease, so far as covenants or obligations on the part of the Landlord are concerned, shall be limited to mean and include only the owner or owners, at the time in question, of the fee title to, or a lessee’s interest in a ground lease of, the Property. In the event of any of its partners, managers, trustees, participants, officers, directors, shareholders, employees, members representatives, agents, parent and/or subsidiary entities and/or individuals, attorneys, insurers, transfer or agents or of any other person shall be subject to levy, execution or other enforcement procedure for the enforcement, collection or satisfaction conveyance of any such judgment title or interest (other process or any other matter arising under or out than a transfer for security purposes only), the transferor shall be automatically relieved of this Lease or all covenants and obligations on the relationship part of Landlord and Tenant hereunder, or otherwise. Notwithstanding anything to the contrary contained in this Lease, . Landlord and Xxxxxxxx’s transferees and assignees shall have the absolute right to transfer all or any portion of their respective title and interest in the event of a default by Tenant hereunder, no shareholder, partners, member, officer, director or principal Building(s) and the Property and/or this Lease without the consent of Tenant, whether disclosed and such transfer or undisclosed, subsequent transfer shall have any personal liability under this Lease nor shall any of their property or assets not be subject to levy, execution or other enforcement procedure. (b) If, with respect to any matter for which deemed a violation on Landlord’s consent or approval is required under this Lease, Landlord has agreed in this Lease not to unreasonably withhold, condition or delay (or any part of foregoing qualifications) its consent or approval or, as a matter of law, Landlord may not unreasonably withhold, condition or delay (or any of the foregoing qualifications) its consent or approval, Tenant shall not be entitled to any damages for any withholding, conditioning or delaying (or any one terms and conditions of the foregoing qualifications) by Landlord of its consent or approval, and Tenant’s sole and exclusive recourse, right and remedy in such event shall be an action for a declaratory judgment, injunction or specific performance requiring the Landlord to give its consent or approvalthis Lease.