Common use of No Money Damages Clause in Contracts

No Money Damages. Wherever in this Lease Landlord’s consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. In no event shall Landlord be liable for, and Tenant, on behalf of itself and all other Tenant Parties, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease, even if due to the gross negligence or willful misconduct of Landlord of its agents or employees. Notwithstanding anything contained in this Section 21.3 to the contrary, Tenant shall have the right to submit to arbitration in accordance with Article 40 hereof any dispute in respect of whether Landlord has unreasonably withheld any consent or approval to any Alteration pursuant to Section 5.1 or any assignment or subletting pursuant to Section 15.5 requested by Tenant hereunder which Landlord agreed not to unreasonably withhold hereunder, and Tenant’s sole remedy in all such circumstances shall be that, upon the decision of the arbitrator that consent was unreasonably withheld, the requested consent or approval shall be deemed to have been granted as provided above without any further proceedings or any action being required.

No Money Damages. Wherever in this Lease Landlord’s 's ---------------- consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s 's claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s 's sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. In no event shall Landlord be liable forNotwithstanding the foregoing, Tenant may seek and, if Tenant prevails, recover, actual damages (and Tenant, on behalf of itself and all other Tenant Parties, hereby waives any claim for, any indirect, not --- consequential or punitive damagesdamages of any sort) only if in withholding, including loss of profits delaying ---- or business opportunityconditioning such consent, arising under or in connection with this Leasebeing silent, even if due Landlord is found to the gross negligence have acted in bad faith or willful misconduct of in an arbitrary and capricious manner. Wherever Landlord of its agents or employees. Notwithstanding anything contained agrees in this Section 21.3 to the contrary, Tenant shall have the right to submit to arbitration in accordance with Article 40 hereof any dispute in respect of whether Landlord has unreasonably withheld any consent or approval to any Alteration pursuant to Section 5.1 or any assignment or subletting pursuant to Section 15.5 requested by Tenant hereunder which Landlord agreed Lease not to unreasonably withhold hereunderits approval or consent, and Tenant’s sole remedy in all Landlord agrees that such circumstances approval or consent shall also not be thatunreasonably delayed or conditioned. In addition, upon the decision of the arbitrator that consent was unreasonably withheld, the requested if Landlord's consent or approval is requested by Tenant, then: (a) if (i) a time period is specified in this Lease for Landlord to respond, such time period shall govern, and (ii) no time period is so specified, the time period shall be deemed to be eleven (11) Business Days (so long as the request includes a statement in a conspicuous fashion that the failure to respond within eleven (11) Business Days after receipt or deemed receipt will constitute consent to the item in question); and (b) if Landlord fails to respond within the specified (or deemed) time period, then Landlord shall be deemed to have been granted as provided above without any further proceedings or any action being requiredconsented to the item in question.

No Money Damages. Wherever in this Lease Landlord’s 's consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s 's claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s 's sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. In no event shall Landlord be liable for, and Tenant, on behalf of itself and all other Tenant Parties, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease, even if due to the gross negligence or willful misconduct of Landlord of its agents or employees. Notwithstanding anything contained in this Section 21.3 to the contrary, Tenant shall have the right to submit to arbitration in accordance with Article 40 Section 15.14 hereof any dispute in respect of whether Landlord has unreasonably withheld or delayed any consent or approval to any Alteration pursuant to Section 5.1 or any assignment or subletting pursuant to Section 15.5 requested by Tenant hereunder hereunder, in which event Landlord agreed not shall have no liability to unreasonably withhold hereunderTenant whatsoever and Tenant hereby releases Landlord from any such liability for malice, bad faith or otherwise (if and however, determined), and Tenant’s 's sole remedy in all such circumstances shall be that, upon the decision of the arbitrator arbitrator(s) that consent was unreasonably withheldwithheld or delayed, the requested consent or approval shall be deemed to have been granted as provided above without any further proceedings or any action being required.

No Money Damages. Wherever in this Lease Landlord’s consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not makemake or exercise, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) and/or any right to terminate this Lease based upon Tenant’s claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment; provided, however, if Tenant claims that Landlord has unreasonably withheld or delayed its consent under Article 5 or Article 13, Tenant shall have a right to file a claim for monetary damages resulting from Landlord’s failure to consent to Tenant’s proposed Alterations pursuant to Article 5 of this Lease, a proposed assignment or sublease pursuant to the terms of Article 13 of this Lease. In Notwithstanding any provision to the contrary set forth in this Lease, in no event shall Landlord either party be liable for, and Tenanteach party, on behalf of itself and all other Tenant Partiesits respective representative employees, agents and contractors, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease, even if due to Lease other than those consequential or punitive damages incurred by Landlord in connection with a holdover of the gross negligence Premises by Tenant after the expiration or willful misconduct earlier termination of Landlord of its agents or employees. Notwithstanding anything contained in this Section 21.3 to the contrary, Tenant shall have the right to submit to arbitration in accordance with Article 40 hereof any dispute in respect of whether Landlord has unreasonably withheld any consent or approval to any Alteration pursuant Lease (subject to Section 5.1 or any assignment or subletting pursuant to Section 15.5 requested by Tenant hereunder which Landlord agreed not to unreasonably withhold hereunder18.2, and Tenant’s sole remedy in all such circumstances shall be that, upon the decision of the arbitrator that consent was unreasonably withheld, the requested consent or approval shall be deemed to have been granted as provided above without any further proceedings or any action being requiredbelow).

No Money Damages. Wherever in this Lease Landlord’s consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. In no event shall Landlord be liable for, and Tenant, on behalf of itself and all other Tenant Parties, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease, even if due to the gross negligence or willful misconduct of Landlord of its agents or employees. Notwithstanding anything contained in this Section 21.3 17.2 to the contrary, Tenant shall have the right to submit to arbitration in accordance with Article 40 29 hereof any dispute in respect of whether Landlord has unreasonably withheld any consent or approval to any Alteration pursuant to Section 5.1 or any assignment or subletting pursuant to Section 15.5 13.4 requested by Tenant hereunder which Landlord agreed not to unreasonably withhold hereunder, and Tenant’s sole remedy in all such circumstances shall be that, upon the decision of the arbitrator that consent was unreasonably withheld, the requested consent or approval shall be deemed to have been granted as provided above without any further proceedings or any action being required.

No Money Damages. Wherever in this Lease Landlord’s 's consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s 's claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s 's sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. In no event shall Landlord be liable for, and Tenant, on behalf of itself and all other Tenant Parties, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease, even if due to the gross negligence or willful misconduct of Landlord of its agents or employees. Notwithstanding anything contained in this Section 21.3 to the contrary, Tenant shall have the right to submit to arbitration in accordance with Article 40 38 hereof any dispute in respect of whether Landlord has unreasonably withheld any consent or approval to any Alteration pursuant to Section 5.1 or any assignment or subletting pursuant to Section 15.5 15.4 requested by Tenant hereunder which Landlord agreed not to unreasonably withhold hereunder, and Tenant’s 's sole remedy in all such circumstances shall be that, upon the decision of the arbitrator that consent was unreasonably withheld, the requested consent or approval shall be deemed to have been granted as provided above without any further proceedings or any action being required.

No Money Damages. Wherever in this Lease Landlord’s consent or approval is required, if Landlord hereby acknowledges its duty to act in each such case consistent with a covenant of good faith and fair dealing (but Landlord shall not otherwise be subject to a “reasonableness” standard where Landlord has reserved its right to act in its sole discretion). If Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, conditioned or delayed, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s claim or assertion that Landlord unreasonably withheld withheld, conditioned or delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment, provided that such remedy can be obtained during the pendency of the Lease. In If Tenant is unable to obtain such remedy during the pendency of the Lease, then notwithstanding the foregoing, Tenant shall be entitled money damages equal to the diminished value of Tenant’s leasehold estate proximately caused by Landlord acting in bad faith in withholding its consent or approval, as determined by a final non-appealable judgment from a court of competent jurisdiction. Except as otherwise expressly provided in this Lease to the contrary, in no event shall Landlord either party be liable for, and Tenant, on behalf of itself and all to the other Tenant Parties, hereby waives any claim for, for any indirect, consequential or punitive damages, including loss of or profits or business opportunity, arising under or in connection with this Lease, even if due to the gross negligence or willful misconduct of Landlord of its agents or employees. Notwithstanding anything contained the foregoing, Tenant’s waiver to set forth in the second sentence of this Section 21.3 shall not apply to the contrary, any final non-appealable judgment that Tenant shall have the right to submit to arbitration obtains from a court of competent jurisdiction that Landlord acted in accordance with Article 40 hereof any dispute bad faith in respect of whether Landlord has unreasonably withheld any withholding its consent or approval to any Alteration pursuant to Section 5.1 or any assignment or subletting pursuant to Section 15.5 requested by Tenant hereunder which Landlord agreed not to unreasonably withhold hereunder, and Tenant’s sole remedy in all such circumstances shall be that, upon the decision of the arbitrator that consent was unreasonably withheld, the requested consent or approval shall be deemed to have been granted as provided above without any further proceedings or any action being requiredapproval.

No Money Damages. Wherever in this Lease Landlord’s 's consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s 's claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s 's sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. In no event shall Landlord be liable for, and Tenant, on behalf of itself and all other Tenant Parties, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease, even if due to the gross negligence or willful misconduct of Landlord of or its agents or employees. Notwithstanding anything contained in this Section 21.3 to the contrary, Tenant shall have the right to submit to arbitration in accordance with Article 40 39 hereof any dispute in respect of whether Landlord has unreasonably withheld any consent or approval to any Alteration pursuant to Section 5.1 or any assignment or subletting pursuant to Section 15.5 requested by Tenant hereunder which Landlord agreed not to unreasonably withhold hereunder, and Tenant’s 's sole remedy in all such circumstances shall be that, upon the decision of the arbitrator that consent was unreasonably withheld, the requested consent or approval shall be deemed to have been granted as provided above without any further proceedings or any action being required.