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 "

Appears in 2 contracts

Samples: Sublease Agreement and Furniture Rental Agreement (Collateral Therapeutics Inc), Sublease Agreement (Collateral Therapeutics Inc)

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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 "

Appears in 1 contract

Samples: Sublease Agreement (Metabasis Therapeutics Inc)

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 "

Appears in 1 contract

Samples: 30 Sublease Agreement (Amylin Pharmaceuticals Inc)

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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 "thereof).

Appears in 1 contract

Samples: Lease Agreement (High Voltage Engineering Corp)

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