Common use of Non-Recourse as to Landlord Clause in Contracts

Non-Recourse as to Landlord. (a) Anything contained herein to the contrary notwithstanding, any claim based on or in respect of any liability of Landlord under this Lease shall be enforced only against the Leased Premises and not against any other assets, properties or funds of (a) Landlord or any party thereof, (b) any director, officer, general partner, shareholder, limited partner, employee or agent of Landlord or any general partner of Landlord, XXXX:11 or XXXX:12 or any of its general partners (or any legal representative, heir, estate, successor or assign of any thereof), (c) any predecessor or successor partnership or corporation (or other entity) of Landlord or any of its general partners, shareholders, officers, directors, employees or agents, either directly or through Landlord or its general partners, shareholders, officers, directors, employees or agents or any predecessor or successor partnership or corporation (or other entity), or (d) any other Person (including Xxxxx Property Advisors, Xxxxx Fiduciary Advisors, Inc., W. P. Xxxxx & Co. Inc., and any Person affiliated with any of the foregoing, or any director, officer, employee or agent of any thereof); provided, however, that Landlord shall at all times maintain an "EQUITY INTEREST" (as defined below) in the Leased Premises of at least the lesser of (1) twenty percent (20%) of the Fair Market Value of the Leased Premises or (2) Landlord's Cash Contribution ("LANDLORD'S MINIMUM EQUITY"). If Landlord fails to maintain Landlord's Minimum Equity, the provisions of this Paragraph 30 limiting Tenant's right to recover damages from the Leased Premises as provided above shall cease to be of any force or effect and Tenant shall have the right to recover damages from any and all assets of Landlord. The term "EQUITY INTERESTS" shall mean the difference between the Fair Market Value of the Leased Premises and the then outstanding principal amount of all Mortgages placed on the Leased Premises by Landlord. For purposes of this definition of Equity Interest, during the first five (5) years of the Term the Fair Market Value of the Leased Premises shall be equal to the Project Cost. In the event that

Non-Recourse as to Landlord. (a) Anything contained herein to the contrary notwithstanding, any claim based on or in respect of any liability of Landlord under this Lease shall be enforced only against the Leased Premises and not against any other assets, properties or funds of (a) Landlord or any party thereof, (b) any director, officer, general partner, shareholder, limited partner, employee or agent of Landlord or any general partner of Landlord, XXXX:11 GENA:00 or XXXX:12 GENA:00 or any of its general partners (or any legal representative, heir, estate, successor or assign of any thereof), (c) any predecessor or successor partnership or corporation (or other entity) of Landlord or any of its general partners, shareholders, officers, directors, employees or agents, either directly or through Landlord or its general partners, shareholders, officers, directors, employees or agents or any predecessor or successor partnership or corporation (or other entity), or (d) any other Person (including Xxxxx Property Carex Xxxperty Advisors, Xxxxx Fiduciary Carex Xxxuciary Advisors, Inc., W. P. Xxxxx Carex & Co. Xo. Inc., and any Person affiliated with any of the foregoing, or any director, officer, employee or agent of any thereof); provided, however, that Landlord shall at all times maintain an "EQUITY INTERESTEquity Interest" (as defined below) in the Leased Premises of at least the lesser of (1) twenty percent (20%) of the Fair Market Value of the Leased Premises or (2) Landlord's Cash Contribution ("LANDLORD'S MINIMUM EQUITYLandlord's Minimum Equity"). If Landlord fails to maintain Landlord's Minimum Equity, the provisions of this Paragraph 30 limiting Tenant's right to recover damages from the Leased Premises as provided above shall cease to be of any force or effect and Tenant shall have the right to recover damages from any and all assets of Landlord. The term "EQUITY INTERESTSEquity Interest" shall mean the difference between the Fair Market Value of the Leased Premises and the then outstanding principal amount of all Mortgages placed on the Leased Premises by Landlord. For purposes of this definition of Equity Interest, during the first five (5) years of the Term the Fair Market Value of the Leased Premises shall be equal to the Project Cost. In the event thatthat the Leased Premises become part of a pool of properties securing the debt (the "Blanket Indebtedness") of one Person, Landlord's Equity Interest shall be equal to the difference between twenty percent (20%) of the Fair Market Value of the Leased Premises and the portion of the Blanket Indebtedness reasonably allocated to the Leased Premises by the Lender holding the Blanket Indebtedness.

Non-Recourse as to Landlord. (a) Anything contained herein to the contrary notwithstanding, any claim based on or in respect of any liability of Landlord under this Lease (except as otherwise set forth in the second paragraph of this Paragraph 30) shall be enforced only against the Leased Premises and not against any other assets, properties or funds of (a) Landlord or any party thereofLandlord, (b) any director, officer, general partner, shareholder, limited partner, employee or agent of Landlord or any general partner of Landlord, XXXX:11 or XXXX:12 or any of its general partners Landlord (or any legal representative, heir, estate, successor or assign of any thereof), (c) any predecessor or successor partnership or corporation (or other entity) of Landlord or any of its general partners, shareholders, officers, directors, employees or agentsLandlord, either directly or through Landlord or its general partners, shareholders, officers, directors, employees or agents partners or any predecessor or successor partnership or corporation (or other entity)) of Landlord, or (d) any other Person person or entity (including Xxxxx Property Advisors, Xxxxx Fiduciary AdvisorsEighth Carex Xxxporate Property, Inc., W. P. Xxxxx Carex & Co. Xo., Inc., and Carex Xxxporate Property Management, Inc., Clarx & Xendxxxxx Xxxlty Corp. or any Person affiliated with any of the foregoing, or any director, officer, employee or agent of any thereof); provided. Anything contained herein to the contrary notwithstanding, howeverany claim based on or in respect of any liability of Landlord hereunder for Landlord's wrongful diversion or retention of condemnation award proceeds or insurance proceeds shall be enforced only against the assets of the Landlord and not against any other assets, that Landlord shall at all times maintain an "EQUITY INTEREST" (as defined below) in the Leased Premises of at least the lesser properties or funds of (1a) twenty percent any director, officer, general partner, limited partner, employee or agent of Landlord or any general partner of Landlord (20%or any legal representative, heir, estate, successor or assign of any thereof), (b) any predecessor partnership or corporation (or other entity) of the Fair Market Value Landlord, either directly or through Landlord or its general partners or any predecessor partnership or corporation (or other entity) of Landlord, or (c) any other person or entity (including Eighth Carex Xxxporate Property, Inc., W. P. Carex & Xo., Inc., Carex Xxxporate Property Management, Inc., Clarx & Xendxxxxx Xxxlty Corp. or any Person affiliated with any of the Leased Premises foregoing, or (2) Landlord's Cash Contribution ("LANDLORD'S MINIMUM EQUITY"). If Landlord fails to maintain Landlord's Minimum Equityany director, the provisions of this Paragraph 30 limiting Tenant's right to recover damages from the Leased Premises as provided above shall cease to be officer, employee or agent of any force or effect and Tenant shall have the right to recover damages from any and all assets of Landlord. The term "EQUITY INTERESTS" shall mean the difference between the Fair Market Value of the Leased Premises and the then outstanding principal amount of all Mortgages placed on the Leased Premises by Landlord. For purposes of this definition of Equity Interest, during the first five (5) years of the Term the Fair Market Value of the Leased Premises shall be equal to the Project Cost. In the event thatthereof).

Non-Recourse as to Landlord. (a) Anything contained herein to the contrary notwithstanding, any claim based on or in respect of any liability of Landlord under this Lease shall be limited to actual damages and shall be enforced only against the Leased Premises and any sales, condemnation or insurance proceeds therefrom, and not against any other assets, properties or funds of (a) Landlord or any party thereofLandlord, (b) any director, member, officer, general partner, shareholder, limited partner, beneficiary, shareholder, employee or agent of Landlord or any general partner of Landlord, XXXX:11 or XXXX:12 or any of its general partners (or any legal representative, heir, estate, successor or assign of any thereof), (c) any predecessor or successor partnership or corporation partnership, corporation, limited liability company (or other entity) of Landlord Landlord, or any of its general partners, shareholders, officers, directors, employees or agents, either directly or through Landlord or its general partnersmembers, shareholders, officers, directors, employees or agents or any predecessor or successor partnership or corporation (or other entity), ) or (d) any other Person (including Xxxxx Property Advisors, Xxxxx Fiduciary Advisors, Inc., W. P. Xxxxx & Co. Inc., and any Person affiliated with any of the foregoing, or any director, officer, employee or agent of any thereof); provided. TEXAS PROPERTY ONLY: TENANT HEREBY WAIVES IT STATUTORY LIEN UNDER SECTION 91.004 OF THE TEXAS PROPERTY CODE. (b) The term “Landlord” as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, however, that Landlord shall at all times maintain an "EQUITY INTEREST" (as defined below) in be limited to mean and include only the Leased Premises of at least the lesser of (1) twenty percent (20%) of the Fair Market Value owner or owners of the Leased Premises or (2) Landlord's Cash Contribution ("LANDLORD'S MINIMUM EQUITY"). If Landlord fails to maintain Landlord's Minimum Equity, at the provisions time in question of this Paragraph 30 limiting Tenant's right to recover damages from the Leased Premises as provided above shall cease to be and in the event of any force transfer or effect and Tenant shall have transfers of the right to recover damages from any and all assets of Landlord. The term "EQUITY INTERESTS" shall mean the difference between the Fair Market Value title of the Leased Premises and the then outstanding principal amount assumption of all Mortgages placed of Landlord’s obligations hereunder by the transferee, the Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically freed and relieved from and after the date of such transfer and conveyance of all personal liability as respects the performance of any covenants or obligations on the part of Landlord contained in this Lease thereafter to be performed. No such transfer of the Leased Premises by LandlordLandlord shall affect Tenant’s rights pursuant to this Lease (c) Tenant’s employees, officers, directors, partners, shareholders and agents shall have no personal liability or obligation by reason of any default by Tenant under any of Tenant’s covenants and agreements in this Lease. For purposes Landlord shall have no right and shall not assert any claim against or have recourse to Tenant’s employees’, officers’, directors’, partners’, shareholders’ or agents’ other property or assets to recover such loss or damage, such exculpation of this definition of Equity Interest, during the first five (5) years of the Term the Fair Market Value of the Leased Premises shall liability to be equal to the Project Cost. In the event thatabsolute and without any exceptions whatsoever.

Non-Recourse as to Landlord. (a) Anything contained herein to the contrary notwithstanding, any claim based on or in respect of any liability of Landlord under this Lease shall be enforced only against the Leased Premises and not against any other assets, properties or funds of (a) Landlord or any party thereof, (b) any director, officer, general partner, shareholder, limited partner, employee or agent of Landlord or any general partner of Landlord, XXXX:11 or XXXX:12 or any of its general partners (or any legal representative, heir, estate, successor or assign of any thereof), (c) any predecessor or successor partnership or corporation (or other entity) of Landlord or any of its general partners, shareholders, officers, directors, employees or agents, either directly or through Landlord or its general partners, shareholders, officers, directors, employees or agents or any predecessor or successor partnership or corporation (or other entity), or (d) any other Person (including Xxxxx Property Advisors, Xxxxx Fiduciary Advisors, Inc., W. P. Xxxxx & Co. Inc., and any Person affiliated with any of the foregoing, or any director, officer, employee or agent of any thereof); provided, however, that Landlord shall at all times maintain an "EQUITY INTERESTEquity Interest" (as defined below) in the Leased Premises of at least the lesser of (1) twenty percent (20%) of the Fair Market Value of the Leased Premises or (2) Landlord's Cash Contribution ("LANDLORD'S MINIMUM EQUITYLandlord's Minimum Equity"). If Landlord fails to maintain Landlord's Minimum Equity, the provisions of this Paragraph 30 limiting Tenant's right to recover damages from the Leased Premises as provided above shall cease to be of any force or effect and Tenant shall have the right to recover damages from any and all assets of Landlord. The term "EQUITY INTERESTSEquity Interest" shall mean the difference between the Fair Market Value of the Leased Premises and the then outstanding principal amount of all Mortgages placed on the Leased Premises by Landlord. For purposes of this definition of Equity Interest, during the first five (5) years of the Term the Fair Market Value of the Leased Premises shall be equal to the Project Cost. In the event thatthat the Leased Premises become part of a pool of properties securing the debt (the "Blanket Indebtedness") of one Person, Landlord's Equity Interest shall be equal to the difference between twenty percent (20%) of the Fair Market Value of the Leased Premises and the portion of the Blanket Indebtedness reasonably allocated to the Leased Premises by the Lender holding the Blanket Indebtedness.

Non-Recourse as to Landlord. (a) Anything contained herein in this Lease to the contrary notwithstanding, any claim based on or Tenant shall look solely to the estate and property of Landlord in respect the Premises for the collection of any liability judgment (or other judicial process) requiring the payment of money by Landlord under in the event of any default or breach by Landlord with respect to any of the terms, covenants and conditions of this Lease shall to be enforced only against observed and performed by Landlord, subject, however, to the Leased Premises prior rights of the holder or holders of any mortgage or mortgages covering the Premises, and not against any no other assets, properties or funds of (a) Landlord or any party thereof, (b) any director, officer, general partner, shareholder, limited partner, employee or agent assets of Landlord or any general partner of Landlordpartner, XXXX:11 member, trustee, fiduciary, shareholder or XXXX:12 joint venturer comprising Landlord or any of its general partners (or any legal representativerelated to Landlord shall be subject to levy, heir, estate, successor or assign of any thereof), (c) any predecessor or successor partnership or corporation (execution or other entity) judicial process for the satisfaction of Landlord or any of its general partners, shareholders, officers, directors, employees or agents, either directly or through Landlord or its general partners, shareholders, officers, directors, employees or agents or any predecessor or successor partnership or corporation (or other entity), or (d) any other Person (including Xxxxx Property Advisors, Xxxxx Fiduciary Advisors, Inc., W. P. Xxxxx & Co. Inc., and any Person affiliated with any of the foregoing, or any director, officer, employee or agent of any thereof); provided, however, that Landlord shall at all times maintain an "EQUITY INTEREST" (as defined below) in the Leased Premises of at least the lesser of (1) twenty percent (20%) of the Fair Market Value of the Leased Premises or (2) Landlord's Cash Contribution ("LANDLORD'S MINIMUM EQUITY"). If Landlord fails to maintain Landlord's Minimum Equity, the provisions of this Paragraph 30 limiting Tenant's right to recover damages from the Leased Premises as provided above shall cease to be of any force or effect and Tenant shall have the right to recover damages from any and all assets of Landlord. The term "EQUITY INTERESTS" shall mean the difference between the Fair Market Value of the Leased Premises and the then outstanding principal amount of all Mortgages placed on the Leased Premises by Landlord. For purposes of this definition of Equity Interest, during the first five (5) years of the Term the Fair Market Value of the Leased Premises shall be equal to the Project Costclaims. In the event thatLandlord conveys or transfers its interest in the Premises or in this Lease, except as collateral security for a loan, upon such conveyance or transfer, Landlord (and in the case of any subsequent conveyances or transfers, the then grantor or transferor) shall be entirely released and relieved from all liability with respect to the performance of any terms, covenants and conditions on the part of Landlord to be performed hereunder from and after the date of such conveyance or transfer, provided that any amounts then due and payable to Tenant by Landlord (or by the then grantor or transferor) or any other obligations then to be performed by Landlord (or by the then grantor or transferor) for Tenant under any provisions of this Lease, shall either be paid or performed by Landlord (or by the then grantor or transferor) or such payment or performance assumed by the grantee or transferee; it being intended hereby that the covenants and obligations on the part of Landlord to be performed hereunder shall be binding on Landlord, its successors and assigns only during and in respect of their respective periods of ownership of an interest in the Premises or in this Lease.