Limited Liability of Lessor. Anything contained herein to the contrary notwithstanding, any claim based on or in respect of any liability of Lessor under this Lease shall be enforced only against Lessor’s interest in the Property (subject to the lien of the Deed of Trust), and not against any other assets, properties or funds of Lessor or against any assets, properties or funds of (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitation, the State of Maryland or any department, agency of instrumentality thereof. Notwithstanding any other provision to the contrary set forth in this Lease or in any other agreement or document executed in connection with or relating to this Lease: (a) No provision of this Lease or of any other agreement or document executed in connection with or relating to this Lease shall be construed so as to give rise to any monetary or pecuniary liability of Lessor or of the State of Maryland, or any political subdivision or agency thereof, or to give rise to a charge upon the general credit of Lessor or of the State of Maryland, or any political subdivision or agency thereof, and any claim based on or in respect of any liability of Lessor under this Lease shall be enforced only as set forth in this Paragraph 39. (b) Neither this Lease nor any other agreement or document executed in connection with or relating to this Lease nor any claim hereunder or thereunder shall (i) constitute a debt of Lessor or of the State of Maryland, or any political subdivision or agency thereof, or a pledge of the full faith and credit or taxing power of the State of Maryland, or any political subdivision or agency thereof, or (ii) create any monetary liability on, or obligate Lessor or the State of Maryland, or any political subdivision or agency thereof, to make any appropriation for payment. Lessor has no taxing authority. (c) The liability of Lessor under this Lease and under any other agreement or document executed in connection with or relating to this Lease shall be non-recourse to Lessor, limited as set forth above in this Paragraph 39; and the lien of any judgment shall be restricted to only Lessor’s interest in the Property (subject to the lien of the Deed of Trust), and not against any other assets, properties or funds of Lessor or against any assets, properties or funds of (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitation, the State of Maryland or any department, agency or instrumentality thereof; and Lessor shall have no other liability, legal, moral or otherwise, to Lessee, or any other Person, in connection with the Property, this Lease, or any other agreement or document executed in connection with or relating to this Lease. In no event shall Lessor be required to pay any claim under this Lease or under any other agreement or document executed in connection with or related to this Lease from any of its own funds.”
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Limited Liability of Lessor. Notwithstanding any provision to the contrary contained herein, Lessee shall look solely to the estate of Lessor in and to the Real Property and the Building only (collectively, the "Specified Assets") in the event of any claim against Lessor arising out of or in connection with this Lease, the relationship of Lessor and Lessee or Lessee's use of the Leased Premises (collectively, "Lessee's Claims"), and Lessee agrees that the liability of Lessor arising out of or in connection therewith shall be limited to the Specified Assets. No properties or assets of Lessor, other than the Specified Assets, shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with the Lessee's Claims. Anything contained herein in this Lease to the contrary notwithstanding, the Lessor may, at its option, and without providing notice to, or obtaining the consent of, the Lessee, sell, transfer or convey the Real Property or the Building thereon and, in accordance therewith, the Lessor may, at its option, and without providing notice to, or obtaining the consent of, the Lessee, assign this Lease to any claim based on purchaser or in respect transferee of the Real Property, the Building or any liability of portion thereof and upon such assignment, the Lessor's assignee shall automatically become the Lessor under this Lease shall be enforced only against Lessor’s interest in the Property (subject to the lien of the Deed of Trust)Lease, and not against any other assetsthe Lessor herein stated shall, properties or funds from and after the effective date of Lessor or against any assetssuch assignment, properties or funds be relieved of (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitation, the State of Maryland or any department, agency of instrumentality thereof. Notwithstanding any other provision to the contrary set forth in this Lease or in any other agreement or document executed in connection with or relating to all further liability under this Lease:
(a) No provision of this Lease or of any other agreement or document executed in connection with or relating to this Lease shall be construed so as to give rise to any monetary or pecuniary liability of Lessor or of the State of Maryland, or any political subdivision or agency thereof, or to give rise to a charge upon the general credit of Lessor or of the State of Maryland, or any political subdivision or agency thereof, and any claim based on or in respect of any liability of Lessor under this Lease shall be enforced only as set forth in this Paragraph 39.
(b) Neither this Lease nor any other agreement or document executed in connection with or relating to this Lease nor any claim hereunder or thereunder shall (i) constitute a debt of Lessor or of the State of Maryland, or any political subdivision or agency thereof, or a pledge of the full faith and credit or taxing power of the State of Maryland, or any political subdivision or agency thereof, or (ii) create any monetary liability on, or obligate Lessor or the State of Maryland, or any political subdivision or agency thereof, to make any appropriation for payment. Lessor has no taxing authority.
(c) The liability of Lessor under this Lease and under any other agreement or document executed in connection with or relating to this Lease shall be non-recourse to Lessor, limited as set forth above in this Paragraph 39; and the lien of any judgment shall be restricted to only Lessor’s interest in the Property (subject to the lien of the Deed of Trust), and not against any other assets, properties or funds of Lessor or against any assets, properties or funds of (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitation, the State of Maryland or any department, agency or instrumentality thereof; and Lessor shall have no other liability, legal, moral or otherwise, to Lessee, or any other Person, in connection with the Property, this Lease, or any other agreement or document executed in connection with or relating to this Lease. In no event shall Lessor be required to pay any claim under this Lease or under any other agreement or document executed in connection with or related to this Lease from any of its own funds.”
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Limited Liability of Lessor. Notwithstanding any provision to the contrary contained herein, Lessee shall look solely to the estate of Lessor in and to the Real Property and the Building only (and the proceeds of any sale thereof but only if the Lessee has prior to, or as of, the actual date of any such sale, secured a judgment from a court of competent jurisdiction against the Lessor and then the proceeds of such sale of the Building or the Real Property may be attached by the Lessee, but only up to the amount of the judgment so secured prior to, or as of, the date of such sale in order to satisfy the judgment so secured by the Lessee and if the Lessor's default under this Lease relates to the Lessor's failure to restore the Building following an event of casualty or condemnation action as it is required to do under the terms of this Lease, then the insurance proceeds or condemnation awards received by the Lessor shall be included as well) (collectively, the "Specified Assets") in the event of any claim against Lessor arising out of or in connection with this Lease, the relationship of Lessor and Lessee or Lessee's use of the Building (collectively, "Lessee's Claims"), and Lessee agrees that the liability of Lessor arising out of or in connection therewith shall be limited to the Specified Assets. No properties or assets of Lessor, other than the Specified Assets, shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with the Lessee's Claims. Anything contained herein in this Lease to the contrary notwithstanding, any claim based on the Lessor may, at its option, and without providing notice to, or obtaining the consent of, the Lessee, sell, transfer or convey the Real Property or the Building thereon and, in respect of any liability of accordance therewith, the Lessor under may, at its option, and without providing notice to, or obtaining the consent of, the Lessee, assign this Lease shall be enforced only against Lessor’s interest in the Property (subject to the lien any purchaser or transferee of the Deed of Trust)Real Property, and not against any other assets, properties or funds of Lessor or against any assets, properties or funds of (i) any employee or agent of Lessor (the Building or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitationportion thereof and upon such assignment, the State of Maryland or any department, agency of instrumentality thereof. Notwithstanding any other provision to Lessor's assignee shall automatically become the contrary set forth in this Lease or in any other agreement or document executed in connection with or relating to this Lease:
(a) No provision of this Lease or of any other agreement or document executed in connection with or relating to this Lease shall be construed so as to give rise to any monetary or pecuniary liability of Lessor or of the State of Maryland, or any political subdivision or agency thereof, or to give rise to a charge upon the general credit of Lessor or of the State of Maryland, or any political subdivision or agency thereof, and any claim based on or in respect of any liability of Lessor under this Lease shall be enforced only as set forth in this Paragraph 39.
(b) Neither this Lease nor any other agreement or document executed in connection with or relating to this Lease nor any claim hereunder or thereunder shall (i) constitute a debt of Lessor or of the State of Maryland, or any political subdivision or agency thereof, or a pledge of the full faith and credit or taxing power of the State of Maryland, or any political subdivision or agency thereof, or (ii) create any monetary liability on, or obligate Lessor or the State of Maryland, or any political subdivision or agency thereof, to make any appropriation for payment. Lessor has no taxing authority.
(c) The liability of Lessor under this Lease and the Lessor herein stated shall, from and after the effective date of such assignment, be relieved of all further liability under any other agreement or document executed in connection with or relating to this Lease shall be non-recourse to Lessor, limited as set forth above in this Paragraph 39; and the lien of any judgment shall be restricted to only Lessor’s interest in the Property (subject to the lien of the Deed of Trust), and not against any other assets, properties or funds of Lessor or against any assets, properties or funds of (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitation, the State of Maryland or any department, agency or instrumentality thereof; and Lessor shall have no other liability, legal, moral or otherwise, to Lessee, or any other Person, in connection with the Property, this Lease, or any other agreement or document executed in connection with or relating to this Lease. In no event shall Lessor be required to pay any claim under this Lease or under any other agreement or document executed in connection with or related to this Lease from any of its own funds.”
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Samples: Lease Agreement (Lechters Inc)
Limited Liability of Lessor. Anything contained herein Notwithstanding anything to the contrary notwithstandingherein or in any of the other Operative Documents, Lessee agrees that, except as expressly set forth below, (a) all payments to be made by Lessor in respect of the Participation Agreement and the other Operative Documents shall be made solely from certain payments received pursuant to the Lease and proceeds of the Leased Property and only to the extent that Lessor shall have received sufficient payments from such sources to make payments in respect of the Equity Investment in accordance with Section 18 of the Lease; (b) none of Lessor, each Affiliate of Lessor and each shareholder, partner, officer, director and employee of Lessor and each Affiliate of Lessor (collectively, the “Lessor Related Parties”) shall have any personal liability to Lessee or any other Person or any successor or assign of any of the foregoing persons for any claim or obligation based on or in respect of any liability of Lessor under this Lease shall be enforced only against Lessor’s interest in the Property (subject to the lien of the Deed of Trust)Operative Documents or arising in any way from the transactions contemplated by the other Operative Documents, and not against (c) no such party shall have any other assets, properties or funds of recourse to Lessor or against any assetsLessor Related Party, properties except that this provision will not excuse or funds of (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of limit the foregoing, including, without limitation, the State of Maryland or any department, agency of instrumentality thereof. Notwithstanding any other provision to the contrary set forth in this Lease or in any other agreement or document executed in connection with or relating to this Lease:
(a) No provision of this Lease or of any other agreement or document executed in connection with or relating to this Lease shall be construed so as to give rise to any monetary or pecuniary personal liability of Lessor or of the State of Maryland, or any political subdivision or agency thereof, or Lessor Related Party with respect to give rise to a charge upon the general credit of Lessor or of the State of Maryland, or any political subdivision or agency thereof, and any claim based on or in respect of any liability of Lessor under this Lease shall be enforced only as set forth in this Paragraph 39.
(b) Neither this Lease nor any other agreement or document executed in connection with or relating to this Lease nor any claim hereunder or thereunder shall (i) constitute a debt of Lessor’s Liens claimed by, through or under Lessor or of the State of Marylandsuch Lessor Related Party, or any political subdivision or agency thereof, or a pledge of the full faith and credit or taxing power of the State of Maryland, or any political subdivision or agency thereof, or (ii) create any monetary liability onits gross negligence or willful misconduct; provided, or obligate Lessor or the State of Marylandhowever, or any political subdivision or agency thereofthat nothing in this Section 8.10 shall prevent recourse by Lessee to all estate, to make any appropriation for payment. Lessor has no taxing authority.
(c) The liability right, title and interest of Lessor under this Lease in and under any other agreement or document executed in connection to the Leased Property with or relating respect to this Lease shall be non-recourse to Lessor, limited as set forth above in this Paragraph 39; and the lien breaches by Lessor of any judgment shall be restricted to only Lessor’s interest its express obligations in the Property (subject to the lien of the Deed of Trust), and not against any other assets, properties or funds of Lessor or against any assets, properties or funds of (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitation, the State of Maryland or any department, agency or instrumentality thereof; and Lessor shall have no other liability, legal, moral or otherwise, to Lessee, or any other Person, in connection with the Property, this Lease, or any other agreement or document executed in connection with or relating to this Lease. In no event shall Lessor be required to pay any claim under this Lease or under any other agreement or document executed in connection with or related to this Lease from any of its own funds.”
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Limited Liability of Lessor. Anything contained herein Notwithstanding anything to the contrary notwithstandingherein or in any of the other Operative Documents, each of Administrative Agent, Lessee, Guarantor and each of the Lenders agrees that, except as expressly set forth below, (a) all payments to be made by Lessor in respect of the Loan, the Notes, the Participation Agreement and the other Operative Documents shall be made solely from certain payments received pursuant to the Lease and the Guaranty and proceeds of the Leased Property and only to the extent that Lessor or Administrative Agent shall have received sufficient payments from such sources to make payments in respect of the Loan in accordance with Section 3 of the Credit Agreement; (b) none of Lessor, each Affiliate of Lessor and each shareholder, partner, officer, director and employee of Lessor and each Affiliate of Lessor (collectively, the “Lessor Related Parties”) shall have any personal liability to Lessee, Guarantor, Administrative Agent, any Lender or any other Person or any successor or assign of any of the foregoing persons for any claim or obligation based on or in respect of any liability of Lessor under this Lease shall be enforced only against Lessor’s interest in the Property (subject to the lien of the Deed of Trust), and not against any other assets, properties or funds of Lessor or against any assets, properties or funds of Operative Documents (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitation, the State repayment of Maryland the Loan) or arising in any way from the transactions contemplated by the other Operative Documents, and (c) no such party shall have any recourse to Lessor or any departmentLessor Related Party, agency of instrumentality thereof. Notwithstanding any other except that this provision to will not excuse or limit the contrary set forth in this Lease or in any other agreement or document executed in connection with or relating to this Lease:
(a) No provision of this Lease or of any other agreement or document executed in connection with or relating to this Lease shall be construed so as to give rise to any monetary or pecuniary personal liability of Lessor or of the State of Maryland, or any political subdivision or agency thereof, or Lessor Related Party with respect to give rise to a charge upon the general credit of Lessor or of the State of Maryland, or any political subdivision or agency thereof, and any claim based on or in respect of any liability of Lessor under this Lease shall be enforced only as set forth in this Paragraph 39.
(b) Neither this Lease nor any other agreement or document executed in connection with or relating to this Lease nor any claim hereunder or thereunder shall (i) constitute a debt of Lessor’s Liens claimed by, through or under Lessor or of the State of Marylandsuch Lessor Related Party, or any political subdivision or agency thereof, or a pledge of the full faith and credit or taxing power of the State of Maryland, or any political subdivision or agency thereof, or (ii) create its gross negligence or willful misconduct, and (iii) solely in favor of the Administrative Agent and Lenders with respect to the Loan, any monetary liability oninterest the Administrative Agent and Lenders may have in or claim to the Lessor Collateral; provided, or obligate Lessor or the State of Marylandhowever, or any political subdivision or agency thereofthat nothing in this Section 8.10 shall prevent recourse by Lessee to all estate, to make any appropriation for payment. Lessor has no taxing authority.
(c) The liability right, title and interest of Lessor under this Lease in and under any other agreement or document executed in connection to the Leased Property with or relating respect to this Lease shall be non-recourse to Lessor, limited as set forth above in this Paragraph 39; and the lien breaches by Lessor of any judgment shall be restricted to only Lessor’s interest its express obligations in the Property (subject to the lien of the Deed of Trust), and not against any other assets, properties or funds of Lessor or against any assets, properties or funds of (i) any employee or agent of Lessor (or any director, officer, legal representative, successor, or assign of any thereof), or (ii) any other Person affiliated with any of the foregoing, including, without limitation, the State of Maryland or any department, agency or instrumentality thereof; and Lessor shall have no other liability, legal, moral or otherwise, to Lessee, or any other Person, in connection with the Property, this Lease, or any other agreement or document executed in connection with or relating to this Lease. In no event shall Lessor be required to pay any claim under this Lease or under any other agreement or document executed in connection with or related to this Lease from any of its own funds.”
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