Common use of No Damages Clause in Contracts

No Damages. Tenant hereby waives any claim for consequential or other damages against Landlord which Tenant may have based upon any assertion that Landlord has unreasonably withheld or unreasonably delayed any consent or approval that, pursuant to specific provisions of this Lease, is not to be unreasonably withheld or delayed or that Landlord has otherwise failed to act reasonably in the performance of any of Landlord’s Obligations in any instance where Landlord is required under this Lease to act reasonably. In any such case, Tenant’s sole remedy shall be an action or proceeding to enforce any such provision or for specific performance, injunction or declaratory judgment. Tenant agrees that if Tenant shall request such a consent or approval from Landlord and Landlord shall fail or refuse to give such consent or shall delay the giving of such consent, or if Landlord shall otherwise fail to act reasonably in any instance where Landlord is required under this Lease to act reasonably, then, in any case, Tenant shall not be entitled to any consequential or other damages for such withholding or delay or for Landlord’s otherwise failing to act reasonably.

No Damages. Tenant hereby waives any claim for consequential or other damages against Landlord which Tenant it may have based upon any assertion that Landlord has unreasonably withheld or unreasonably delayed any consent or approval that, pursuant to specific provisions of this Lease, is not to be unreasonably withheld or delayed or that Landlord has otherwise failed to act reasonably in the performance of any of Landlord’s Obligations in any instance Obligations, except where Landlord is required under this Lease has withheld such consent due to act reasonablyLandlord’s bad faith or in an arbitrary and capricious manner (as determined by a court of competent jurisdiction after all permitted appeals taken). In any such case, Tenant’s sole remedy shall be an action or proceeding to enforce any such provision or for specific performance, injunction or declaratory judgment. Tenant agrees that if Tenant shall request such a consent or approval from Landlord and Landlord shall fail or refuse to give such consent or shall delay the giving of such consent, or if Landlord shall otherwise fail to act reasonably in any instance where Landlord is required under this Lease to act reasonably, then, in any case, Tenant shall not be entitled to any consequential or other damages for such withholding or delay or for delay, except where Landlord has withheld such consent due to Landlord’s otherwise failing to act reasonablybad faith or in an arbitrary and capricious manner (as determined by a court of competent jurisdiction after all permitted appeals taken).

No Damages. Tenant hereby waives any claim for consequential or other damages against Landlord which Tenant it may have based upon any assertion that Landlord has unreasonably withheld or unreasonably delayed any consent or approval that, pursuant to specific provisions of this Lease, is not to be unreasonably withheld or delayed or that Landlord has otherwise failed to act reasonably in the performance of any of Landlord’s Obligations in any instance 's Obligations, except where Landlord is required under this Lease has withheld such consent due to act reasonablyLandlord's bad faith or in an arbitrary and capricious manner (as determined by a court of competent jurisdiction after all permitted appeals taken). In any such case, Tenant’s 's sole remedy shall be an action or proceeding to enforce any such provision or for specific performance, injunction or declaratory judgment. Tenant agrees that if Tenant shall request such a consent or approval from Landlord and Landlord shall fail or refuse to give such consent or shall delay the giving of such consent, or if Landlord shall otherwise fail to act reasonably in any instance where Landlord is required under this Lease to act reasonably, then, in any case, Tenant shall not be entitled to any consequential or other damages for such withholding or delay delay, except where Landlord has withheld such consent due to Landlord's bad faith or for Landlord’s otherwise failing to act reasonablyin an arbitrary and capricious manner (as determined by a court of competent jurisdiction after all permitted appeals taken).