Common use of Limitations on Recourse Clause in Contracts

Limitations on Recourse. Except as expressly set forth in the Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement), Lessee agrees to look solely to Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of Lessor, the Trust Company, member, partner or other owner of an interest, direct or indirect, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against the Investors under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Genentech Inc)

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Limitations on Recourse. Except as expressly Notwithstanding anything contained in this Lease to the contrary, except with respect to a breach of Lessor's covenant set forth in the Operative Agreements (including, without limitation, Sections 14.16 Section 30.15 and 14.20 of the Participation Agreement)Lessor's obligations to discharge Lessor Liens, Lessee agrees to look solely to Lessor's estate and interest in the PropertyProperty (and in no circumstance to the Agent, the proceeds of sale thereof, any insurance proceeds Primary Financing Parties or any other award or any third party proceeds received by Lessor in connection with the Property otherwise to Lessor) for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of LessorLessor or any shareholder, the Trust Company, member, owner or partner or other owner of an interest, (direct or indirect, ) in or of Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment remedies of money by Lessor in the event of liability by Lessor Lessee under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against the Investors under the Operative AgreementsLessee. Nothing in this Section shall be interpreted so as to limit the terms of Section Sections 6.1 or 6.26.2 or the provisions of Section 12.9 of the Participation Agreement.

Appears in 1 contract

Samples: Lease Agreement (Toys R Us Inc)

Limitations on Recourse. Except as expressly set forth in the Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement)Agreements, Lessee agrees to look solely to Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of Lessor, the Trust Company, Company member, partner or other owner of an interest, direct or indirect, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Lessee's remedies under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom Lessee; provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against the Investors Investor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.. 8

Appears in 1 contract

Samples: Lease (Dominicks Supermarkets Inc)

Limitations on Recourse. Except as expressly set forth in the ----------------------- Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement)Agreements, Lessee agrees to look solely to Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of Lessor, the Trust Company, Company member, partner or other owner of an interest, direct or indirect, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Lessee's remedies under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom Lessee; provided that nothing in this Section shall be construed to -------- impair or limit the rights of Lessee against the Investors under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Sailors Inc)

Limitations on Recourse. Except as expressly set forth in the Operative Agreements (includingAgreements, without limitation, Sections 14.16 and 14.20 of the Participation Agreement), Lessee Xxxxxx agrees to look solely to LessorAgent Xxxxxx's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Trust CompanyLessors or any shareholder, member, owner or partner or other owner of an interest, (direct or indirect, in Lessor) thereof, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Xxxxxx's remedies under or with respect to this Lease, the relationship of Lessor Agent Xxxxxx and Lessee hereunder or LesseeXxxxxx's use of the Property or any other liability of Agent Lessor to Lessee arising herefrom provided Lessee; PROVIDED that nothing in this Section shall be construed to impair or limit the rights of Lessee against the Investors Agent Lessor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Wind River Systems Inc)

Limitations on Recourse. Except as expressly set forth in the Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement)Agreements, Lessee agrees to look solely to Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of Lessor, the Trust Company, Company member, partner or other owner of an interest, direct or indirect, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Lessee's remedies under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom Lessee; provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against the Investors Investor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Kindercare Learning Centers Inc /De

Limitations on Recourse. Except as expressly set forth in the ----------------------- Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement)Agreements, Lessee agrees to look solely to Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of Lessor, the Trust Company, member, partner or other owner of an interest, direct or indirect, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Lessee's remedies under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom provided that nothing in this Section shall be construed to -------- impair or limit the rights of Lessee against the Investors under the Operative AgreementsAgreements to which the Investors and Lessee are each a party. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Immunex Corp /De/)

Limitations on Recourse. Except as expressly set forth in the Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement)Agreements, Lessee agrees to look solely to Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of Lessor, the Trust Company, Company member, partner or other owner of an interest, direct or indirect, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Lessee's remedies under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom Lessee; provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against the Investors Investor under the Operative Agreements; and further, provided, that Lessor shall be liable in its individual capacity for its own gross negligence or willful misconduct. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Safeskin Corp

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Limitations on Recourse. (a) Except as expressly set forth in the Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement)Agreements, Lessee agrees to look solely to Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of LessorLessor or any shareholder, the Trust Company, member, owner or partner or other owner of an interest, (direct or indirect, in Lessor) thereof, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Lessee's remedies under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom Lessee; provided that nothing in this Section 30.7 shall be construed to impair or limit the rights of Lessee against the Investors Lessor under the Operative Agreements. Nothing in this Section 30.7 shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease Supplement Improvements (Lam Research Corp)

Limitations on Recourse. Except as expressly set forth Notwithstanding anything contained in this Lease to the Operative Agreements (includingcontrary, without limitationexcept for Lessor Liens arising by, Sections 14.16 and 14.20 through or under the Trust Company which shall be the responsibility of the Participation Agreement)Trust Company and Lessor Liens arising by, through or under the Lessor which shall be the responsibility of the Lessor, Lessee agrees to look solely to Lessor's ’s estate and interest in the PropertyProperties (and in no circumstance to the Agent, the proceeds of sale thereofLenders, any insurance proceeds the Holders or any other award or any third party proceeds received by Lessor in connection with the Property otherwise to Lessor) for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of LessorLessor or any shareholder, the Trust Company, member, owner or partner or other owner of an interest, (direct or indirect, ) in or of Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment remedies of money by Lessor in the event of liability by Lessor Lessee under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's ’s use of the Property Properties or any other liability of Lessor to Lessee arising herefrom provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against the Investors under the Operative AgreementsLessee. Nothing in this Section shall be interpreted so as to limit the terms of Section Sections 6.1 or 6.26.2 or the provisions of Section 12.9 of the Participation Agreement.

Appears in 1 contract

Samples: Lease Agreement (Healthsouth Corp)

Limitations on Recourse. Except as expressly set forth in the Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement)Agreements, Lessee agrees to look solely to Agent Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Trust CompanyLessors or any shareholder, member, owner or partner or other owner of an interest, (direct or indirect, in Lessor) thereof, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Lessee's remedies under or with respect to this Lease, the relationship of Agent Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Agent Lessor to Lessee arising herefrom Lessee; provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against the Investors Agent Lessor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: McData Corp

Limitations on Recourse. Except as expressly set forth in the ----------------------- Operative Agreements (including, without limitation, Sections 14.16 and 14.20 of the Participation Agreement)Agreements, Lessee agrees to look solely to Lessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Lessor in the event of liability by Lessor, and no other property or assets of Lessor, the Trust Company, Company member, partner or other owner of an interest, direct or indirect, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment requiring the payment of money by Lessor in the event of liability by Lessor Lessee's remedies under or with respect to this Lease, the relationship of Lessor and Lessee hereunder or Lessee's use of the Property or any other liability of Lessor to Lessee arising herefrom Lessee; provided that nothing in this Section shall be construed to -------- impair or limit the rights of Lessee against the Investors Investor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Ebay Inc)

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