Common use of TRUSTEE'S AUTHORITY AND EXCULPATORY Clause in Contracts

TRUSTEE'S AUTHORITY AND EXCULPATORY. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO hereby represents and warrants that it is fully empowered and authorized to execute this Lease on the terms and conditions contained herein pursuant to the Trust Agreement dated May 15, 1994, and known as Trust Number MP - 012430, and that such terms and conditions do not violate the provisions of such Trust. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings, and agreements herein made on the part of the Landlord while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings, and agreements by the Landlord or for the purpose or with the intention of binding the Landlord personally, but are made and/or intended for the purpose of binding the Site and the Building; that this Lease is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such trustee; that no duty shall rest upon Landlord to sequester the trust estate or the rents, issues, and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, or any of the beneficiaries under said Trust Agreement, on account of this Lease or on account of any representations, covenants, undertakings, or agreements of the Landlord in this Lease contained herein either expressed or implied; all such personal liability, if any, being expressly waived and released by the Tenant herein and by all persons claiming by, through, or under said Tenant.

Appears in 3 contracts

Samples: Lease Agreement (Allscripts Inc /Il), Lease Agreement (Allscripts Inc /Il), Lease Agreement (Allscripts Inc /Il)

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TRUSTEE'S AUTHORITY AND EXCULPATORY. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO hereby represents and warrants that it is fully empowered and authorized to execute this Lease on Amendment pursuant to the terms and conditions contained herein pursuant to the Trust Agreement dated May 15, 1994, and known as Trust Number MP - 012430, and that such terms and conditions do not violate the provisions of such Trust. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings, undertakings and agreements herein made on the part of the Landlord while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, undertakings and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings, undertakings and agreements by the Landlord or for the purpose or with the intention of binding the Landlord personally, but are made and/or intended for the purpose of binding only that portion of the Site and the Buildingtrust property specifically leased hereunder; that this Lease Amendment is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such trustee; that no duty shall rest upon Landlord to sequester the trust estate or the rents, issues, issues and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, or any of the beneficiaries under said Trust Agreement, on account of this Amendment and/or the Lease or on account of any representations, covenants, undertakings, undertakings or agreements of the Landlord in this Amendment and/or the Lease contained herein either expressed or implied; all such personal liability, if any, being expressly waived and released by the Tenant herein and by all persons claiming by, through, through or under said Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Allscripts Inc /Il), Lease Agreement (Allscripts Inc /Il)

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TRUSTEE'S AUTHORITY AND EXCULPATORY. AMERICAN LASALLE BANK NATIONAL BANK AND TRUST COMPANY OF CHICAGO ASSOCIATION hereby represents and warrants that it is fully empowered and authorized to execute this Lease on Second Amendment pursuant to the terms and conditions contained herein pursuant to the Trust Agreement dated May 15, 1994, and known as Trust Number MP - 012430MP-012430, and that such terms and conditions do not violate the provisions of such Trust. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings, undertakings and agreements herein made on the part of the Landlord while in form purporting (except as herein otherwise expressed) to be the representations, covenants, undertakings, undertakings and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings, undertakings and agreements by the Landlord or for the purpose or with the intention of binding the Landlord personally, but are made and/or intended for the purpose of binding only that portion of the Site and the Buildingtrust property specifically leased hereunder; that this Lease Second Amendment is executed and delivered by said Landlord not in its own right, but solely in the exercise of the powers conferred upon it as such trustee; that no duty shall rest upon Landlord to sequester the trust estate or the rents, issues, issues and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against AMERICAN LASALLE BANK NATIONAL BANK AND TRUST COMPANY OF CHICAGOASSOCIATION, or any of the beneficiaries under said Trust Agreement, on account of this Second Amendment and/or the Lease or As Amended on account of any representations, covenants, undertakings, undertakings or agreements of the Landlord in this Second Amendment and/or the Lease As Amended contained herein either expressed or implied; all such personal liability, if any, being expressly waived and released by the Tenant herein and by all persons claiming by, through, through or under said Tenant.

Appears in 1 contract

Samples: Lease Agreement (Allscripts Healthcare Solutions Inc)

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