Common use of Waiver of Liability Clause in Contracts

Waiver of Liability. Anything contained in the Lease to the contrary notwithstanding, Tenant agrees that it shall look solely to the estate and property of Landlord in the land and buildings comprising the Old Vanderburgh County Courthouse of which the Premises forms a part and the rentals derived therefrom for the collection of any judgment or other judicial process requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms and provisions of this Lease to be observed and/or performed by Landlord, subject, however, to the prior rights of any holder of any mortgage covering the Old Vanderburgh County Courthouse, and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, shall be subject to levy, execution, or other judicial process for the satisfaction of Tenant’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or in this Lease, except as collateral security for a loan, upon such conveyance or transfer, Landlord shall be entirely released from all liability with respect to the performance of any obligation on the part of Landlord hereunder from and after the date of such conveyance or transfer, provided that any amounts then due and payable to Tenant by Landlord or any other obligations then to be performed by Landlord under this Lease, shall either be paid or performed by Landlord 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, subject as aforesaid, be binding on Landlord, its successors and assigns only during and with respect to their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse or in the Lease.

Appears in 5 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Waiver of Liability. Anything contained To the extent that any loss or damage described in this paragraph is actually compensated for by insurance provided for in this Lease, but only to that extent, LESSOR and LESSEE each hereby releases the other and its respective employees, agents, and every person claiming by, through, or under either of them, and LESSEE hereby releases each other tenant in the Lease to the contrary notwithstanding, Tenant agrees that it shall look solely to the estate and property of Landlord in the land and buildings comprising the Old Vanderburgh County Courthouse Shopping Center of which the Premises forms premises are a part part, and the rentals derived therefrom employees and agents thereof, from any and all liability or responsibility (to the other or anyone claiming by, through, or under them by way of subrogation or otherwise), for any loss or damage to any property (real or personal) owned by or belonging to LESSOR, LESSEE, their respective employees, agents and every person claiming by, through, or under either of them (whether by subrogation or otherwise) caused by fire or any other insured peril covered by any insurance policy(s) for the collection benefit of any judgment party, even if such loss or other judicial process requiring damage shall have been caused by the payment fault or negligence of money by Landlord another party, its employees or agents. LESSOR and LESSEE further agree that in the event of any default or breach a sale of the Shopping Center by Landlord with respect LESSOR, the hereinabove waiver of subrogation shall continue in favor of the original LESSOR hereinunder and likewise as to any subsequent lessor, as well as in favor of that lessor which, at the terms and provisions of this Lease to time the casualty occurs, may be observed and/or performed by Landlord, subject, however, to the prior rights of any holder of any mortgage covering the Old Vanderburgh County Courthouse, and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, shall be subject to levy, execution, or other judicial process for the satisfaction of Tenant’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or in this Lease, except as collateral security for a loan, upon such conveyance or transfer, Landlord shall be entirely released from all liability with respect to the performance of any obligation on the part of Landlord hereunder from and after the date of such conveyance or transfer, provided that any amounts then due and payable to Tenant by Landlord or any other obligations then to be performed by Landlord lessor under this Lease, so long as the respective insurance policies of LESSOR and LESSEE so permit. LESSOR and LESSEE agree, upon request of the other party, to furnish evidence of such waiver of liability to such other party. All policies of insurance written to insure all buildings, parking and common areas, service and delivery areas, improvements, contents, and all other such property (real or personal) shall either be paid contain a proper provision, by endorsement or performed by Landlord or such payment or performance assumed by otherwise, whereby the grantee or transferee, it being intended hereby insurance carriers issuing the same shall acknowledge that the covenants insured has so waived and obligations on released its right of recovery against the part other party or parties hereto and such other tenants and shall waive the right of Landlord subrogation which such carrier might otherwise have had against such other party or parties and such other tenants, all without impairment or invalidation of such insurance. The provisions of this paragraph shall be equally binding upon and inure to the benefit of any permitted assignee or sublessee of LESSEE. LESSOR and LESSEE agree that the foregoing waiver of subrogation shall continue in effect so long as insurance is obtainable and includable with permission to grant such waiver of subrogation without extra cost, or, if such extra cost is chargeable therefor, so long as the other party pays such extra cost. If an extra cost is chargable therefor, each party will advise the other thereof and of the amount thereof. The other party, at its election, may pay the same but shall not be performed hereunder shallobligated to do so. If the other party elects not to pay such extra cost, subject as aforesaid, the first party shall not be binding on Landlord, its successors and assigns only during and with respect obligated to their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse or in the Leasewaive such subrogation rights.

Appears in 2 contracts

Samples: Build and Lease Agreement (Basic Us Reit Inc), Build and Lease Agreement (Basic Us Reit Inc)

Waiver of Liability. Anything contained in Landlord shall not be liable to Tenant, or Tenant’s agents, employees, customers, or invitees, for injury, death or property damage occurring in, on or about the Lease to the contrary notwithstandingPremises. Except for Landlord’s negligence or willful misconduct, Tenant agrees that it shall look solely to indemnify, protect, defend and hold harmless the estate Premises, Landlord and property any Lender, Landlord’s partners, trustees, officers, directors, shareholders, members, employees, beneficiaries, heirs and assigns (collectively, the “Landlord Parties”) from and against any and all claims, loss of Landlord rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, directly or indirectly, in whole or in part involving, or in connection with, the land and buildings comprising the Old Vanderburgh County Courthouse occupancy of which the Premises forms a part by Tenant, the conduct of Tenant’s business, any act, omission or neglect of Tenant, Tenant Parties, and the rentals derived therefrom for the collection of any judgment or other judicial process requiring the payment of money by Landlord in the event out of any default or breach by Landlord with respect to any of the terms and provisions of this Lease to be observed and/or performed by Landlord, subject, however, to the prior rights of any holder of any mortgage covering the Old Vanderburgh County Courthouse, and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, shall be subject to levy, execution, or other judicial process for the satisfaction of Tenant’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or performance in this Lease, except as collateral security for a loan, upon such conveyance or transfer, Landlord shall be entirely released from all liability with respect to the performance timely manner of any obligation on Tenant’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the part defense or pursuit of Landlord hereunder from any claim or any action or proceeding involved therein, and after whether or not (in the date case of such conveyance or transfer, provided that any amounts then due and payable to Tenant by claims made against Landlord or any other obligations then Landlord Party) litigated and/or reduced to judgment. In case any action or proceeding be brought against Landlord by reason of any of the foregoing matters, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be performed so indemnified. Tenant’s indemnity obligations under this Section shall survive the expiration or earlier termination of the Lease. Landlord shall not be liable for, and Tenant hereby waives and releases Landlord from, injury or damage to the person or goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by Landlord under or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defect of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Notwithstanding Landlord’s negligence or breach of this Lease, Landlord shall either under no circumstances be paid liable for injury to Tenant’s business or performed by Landlord for any loss of income 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, subject as aforesaid, be binding on Landlord, its successors and assigns only during and with respect to their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse or in the Leaseprofit therefrom.

Appears in 2 contracts

Samples: Lease (Appliance Recycling Centers of America Inc /Mn), Purchase Agreement (Appliance Recycling Centers of America Inc /Mn)

Waiver of Liability. 38.1 Anything contained in the this Lease to the contrary notwithstanding, Tenant Lessee agrees that it Lessee (and all parties claiming through Lessee) shall look solely to the estate and property of Landlord the Lessor in the land and buildings comprising the Old Vanderburgh County Courthouse of which the Demised Premises forms a part and the rentals derived therefrom for the collection of any judgment (or other judicial process process) requiring the payment of money by Landlord Lessor in the event of any default or breach by Landlord Lessor with respect to any of the terms and provisions of this Lease to be observed and/or performed by LandlordLessor, subject, however, to the prior rights of any ground or underlying lessors or the holder of any mortgage covering the Old Vanderburgh County CourthouseDemised Premises, and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, Lessor shall be subject to levy, execution, execution or other judicial process for the satisfaction of Tenant’s claimsLessee's claim. In the event Landlord Lessor conveys or transfers its interest in the Old Vanderburgh County Courthouse Demised Premises or in this Lease, except as collateral security for a loan, upon such conveyance or transfertransfer Lessor (and in the case of any subsequent conveyances or transfers, Landlord the then grantor or transferor) shall be entirely released and relieved from all liability with respect to the performance of any obligation covenants and obligations on the part of Landlord the Lessor to be performed hereunder from and after the date of such conveyance or transfer, provided that any amounts then due and payable to Tenant lessee by Landlord Lessor (or by the then grantor or transferor) for Lessee under any other obligations then to be performed by Landlord under provision of this Lease, shall either be paid or performed by Landlord or such payment or performance assumed assured by the grantee or transferee, it being intended hereby that the covenants and obligations on the part of Landlord the Lessor to be performed hereunder shall, subject as aforesaid, be binding on LandlordLessor, its successors and assigns only during and with in respect to of their respective periods of ownership of an interest in this Lease. This provision shall not be deemed, construed or interpreted to be or constitute an agreement, express or implied, between Lessor and Lessee that the Old Vanderburgh County Courthouse or Lessor's interest hereunder and in the LeaseDemised Premises shall be subject to the imposition of an equitable lien or otherwise.

Appears in 1 contract

Samples: Net Lease Agreement (Prestige Cosmetics Corp)

Waiver of Liability. 27.1 Anything contained in the this Lease to the contrary notwithstanding, Tenant agrees that it Tenant shall look solely to the estate and property of Landlord in the land and buildings comprising the Old Vanderburgh County Courthouse Shopping Center of which the Premises Store forms a part and the rentals derived therefrom for the collection of any judgment (or other judicial process process) requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms and provisions of this Lease to be observed and/or performed by Landlord, ; subject, however, to the prior rights of any ground or underlying landlords or the holder of any mortgage covering the Old Vanderburgh County Courthouse, Shopping Center; and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, Landlord shall be subject to levy, execution, or other judicial process for the satisfaction of Tenant’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or in this Lease, except execution 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 from and relieved for all liability with respect to the performance of any obligation covenants and obligations 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 under this Lease, shall either be paid (or performed by Landlord 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, subject as aforesaid, shall be binding on Landlord, its successors and assigns only during and with in respect to of their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse Shopping Center or in this Lease. This provision shall not be deemed, construed or interpreted to be or constitute an agreement, express or implied, between Landlord and Tenant that the LeaseLandlord’s interest hereunder and in the Shopping Center shall be subject to impressment of an equitable lien or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Atlantic Bancshares, Inc.)

Waiver of Liability. 27.1 Anything contained in the this Lease to the contrary notwithstanding, Tenant agrees that it Tenant shall look solely to the estate and property of Landlord in the land and buildings comprising the Old Vanderburgh County Courthouse Shopping Center of which the Premises Store forms a part and the rentals derived therefrom for the collection of any judgment (or other judicial process process) requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms and provisions of this Lease to be observed and/or performed by Landlord, ; subject, however, to the prior rights of any ground or underlying landlords or the holder of any mortgage covering the Old Vanderburgh County Courthouse, Shopping Center; and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, Landlord shall be subject to levy, execution, or other judicial process for the satisfaction of Tenant’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or in this Lease, except execution 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 from and relieved for all liability with respect to the performance of any obligation covenants and obligations 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 under this Lease, shall either be paid (or performed by Landlord 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, subject as aforesaid, shall be binding on Landlord, its successors and assigns only during and with in respect to of their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse Shopping Center or in this Lease. This provision shall not be deemed, construed or interpreted to be or constitute an agreement, express or implied, between Landlord and Tenant that the LeaseLandlord's interest hereunder and in the Shopping Center shall be subject to impressment of an equitable lien or otherwise.

Appears in 1 contract

Samples: Lease (Regional Bankshares Inc)

Waiver of Liability. Anything contained in the Lease to the contrary notwithstanding, Tenant agrees that it all fixtures, equipment, merchandise, inventory and other personal property of Tenant or any of the Tenant Controlled Parties (each, a “Releasing Party”) which may at any time now or in the future be in the Leased Premises or other portions of the Property shall look solely be maintained there at such Releasing Parties’ sole risk. Landlord shall not be liable to any Releasing Party for any damage to said property, or for loss or damage now or hereafter suffered by the business or occupation of any Releasing Party caused in any manner whatsoever except to the estate extent such damage or loss shall have been caused by Landlord's negligence or willful misconduct, it being agreed that all Releasing Parties shall obtain and at all times maintain adequate insurance, or shall make other arrangements for its own benefit against any loss or damage. In no event shall Landlord have any liability to Tenant or any other Releasing Party for breach of the terms of this Lease or any other liability to a Releasing Party of any kind whatsoever for damage to property or special, consequential, or punitive damages of any kind or nature, including business interruption or loss of profits, irrespective of the negligence or other fault of Landlord. In no event shall Tenant be entitled to claim constructive eviction by reason of any act or omission caused other than solely by reason of the negligence or willful misconduct of Landlord preventing any reasonable use of or access to the Leased Premises beyond such period as may be required for Landlord to correct any condition in order to provide such reasonable use or access, it being understood however that an insured casualty shall not in any event be the basis for a claim of constructive eviction, and any right of Tenant to terminate this Lease as a result of such casualty (regardless of the fault of Landlord in connection therewith) shall be governed solely by Article VIII of this Lease. In addition to the land and buildings comprising the Old Vanderburgh County Courthouse of which the Premises forms a part and the rentals derived therefrom for the collection foregoing, in no event shall Landlord have any liability whatsoever by reason of any judgment or other judicial process requiring condition of the payment of money by Landlord Property which is not generally regarded in the event of any default or breach by Landlord with respect to any commercial office building industry in Pittsburgh, Pennsylvania as of the terms and provisions date of this Lease as unreasonably hazardous or as creating any unreasonable risk to the health or safety of occupants of the Property or any portion thereof, notwithstanding that subsequent changes in law, technical knowledge or commercial office building industry practices may indicate that such condition may be observed and/or performed by Landlord, subject, howeverhazardous or may create such an unreasonable risk. Tenant acknowledges that it shall be solely responsible to maintain insurance which may be available to cover the risks referred to in this Section and to cause all Releasing Parties to maintain such insurance, to the prior rights of any holder of any mortgage covering the Old Vanderburgh County Courthouseextent available, and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, shall be subject to levy, execution, or other judicial process for the satisfaction of Tenant’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or in this Lease, except as collateral security for a loan, upon such conveyance or transfer, Landlord shall be entirely released from all liability with respect agree to the performance terms of any obligation on the part of Landlord hereunder from and after the date of such conveyance or transfer, provided that any amounts then due and payable to Tenant by Landlord or any other obligations then to be performed by Landlord under this Lease, shall either be paid or performed by Landlord 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, subject as aforesaid, be binding on Landlord, its successors and assigns only during and with respect to their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse or in the LeaseSection.

Appears in 1 contract

Samples: Lease Agreement (NeuBase Therapeutics, Inc.)

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Waiver of Liability. Anything contained in the Lease to the contrary notwithstanding, Tenant agrees that it all fixtures, equipment, merchandise, inventory and other personal property of Tenant or any of its subtenants or any of its or their contractors, subcontractors, licensees or invitees or the agents or employees of any of the foregoing (each, a “Releasing Party”) which may at any time now or in the future be in the Leased Premises or other portions of the Property shall look solely be maintained there at such Releasing Parties’ sole risk. Landlord shall not be liable to any Releasing Party for any damage to said property, or for loss or damage now or hereafter suffered by the business or occupation of any Releasing Party caused in any manner whatsoever except to the estate extent such damage or loss shall have been solely caused by Landlord’s gross negligence or willful misconduct, it being agreed that all Releasing Parties shall obtain and at all times maintain adequate insurance, or shall make other arrangements for its own benefit against any loss or damage. In no event shall Landlord have any liability to Tenant or any other Releasing Party for breach of the terms of this Lease or any other liability to a Releasing Party of any kind whatsoever for damage to property or consequential damages of any kind or nature, including business interruption or loss of profits, irrespective of the negligence or other fault of Landlord. In no event shall Tenant be entitled to claim constructive eviction by reason of any act or omission caused other than solely by reason of the gross negligence or willful misconduct of Landlord preventing any reasonable use of the Leased Premises beyond such period as may be required for Landlord to correct any condition in order to provide such reasonable use, it being understood however that an insured casualty shall not in any event be the basis for a claim of constructive eviction, and any right of Tenant to terminate this Lease as a result of such casualty (regardless of the fault of Landlord in connection therewith) shall be governed solely by Article VIII of this Lease. In addition to the land and buildings comprising the Old Vanderburgh County Courthouse of which the Premises forms a part and the rentals derived therefrom for the collection foregoing, in no event shall Landlord have any liability whatsoever by reason of any judgment or other judicial process requiring condition of the payment of money by Landlord Property which is not generally regarded in the event of any default or breach by Landlord with respect to any commercial office building industry in the Pittsburgh, Pennsylvania, metropolitan area as of the terms Effective Date as unreasonably hazardous or as creating any unreasonable risk to the health or safety of occupants of the Property or any portion thereof, notwithstanding that subsequent changes in law, technical knowledge or commercial office building industry practices may indicate that such condition may be hazardous or may create such an unreasonable risk. Tenant acknowledges that it shall be solely responsible to maintain insurance which may be available to cover the risks referred to in this Section and provisions of this Lease to be observed and/or performed by Landlord, subject, howevercause all Releasing Parties to maintain such insurance, to the prior rights of any holder of any mortgage covering the Old Vanderburgh County Courthouseextent available, and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, shall be subject to levy, execution, or other judicial process for the satisfaction of Tenant’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or in this Lease, except as collateral security for a loan, upon such conveyance or transfer, Landlord shall be entirely released from all liability with respect agree to the performance terms of any obligation on the part of Landlord hereunder from and after the date of such conveyance or transfer, provided that any amounts then due and payable to Tenant by Landlord or any other obligations then to be performed by Landlord under this Lease, shall either be paid or performed by Landlord 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, subject as aforesaid, be binding on Landlord, its successors and assigns only during and with respect to their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse or in the LeaseSection.

Appears in 1 contract

Samples: Lease Agreement (Ansys Inc)

Waiver of Liability. Anything contained in the Lease to the contrary notwithstanding, Tenant Xxxxxx agrees that it shall look solely to the estate and property of Landlord in the land and buildings comprising the Old Vanderburgh County Courthouse of which the Premises forms a part and the rentals derived therefrom for the collection of any judgment or other judicial process requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms and provisions of this Lease to be observed and/or performed by Landlord, subject, however, to the prior rights of any holder of any mortgage covering the Old Vanderburgh County Courthouse, and shall look to no other assets of Landlord. Tenant Xxxxxx further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, shall be subject to levy, execution, or other judicial process for the satisfaction of TenantXxxxxx’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or in this Lease, except as collateral security for a loan, upon such conveyance or transfer, Landlord shall be entirely released from all liability with respect to the performance of any obligation on the part of Landlord hereunder from and after the date of such conveyance or transfer, provided that any amounts then due and payable to Tenant by Landlord or any other obligations then to be performed by Landlord under this Lease, shall either be paid or performed by Landlord 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, subject as aforesaid, be binding on Landlord, its successors and assigns only during and with respect to their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse or in the Lease.

Appears in 1 contract

Samples: Lease Agreement

Waiver of Liability. Anything contained in the this Lease to the contrary notwithstanding, Tenant agrees that it shall look solely to the estate and property of Landlord in the land and buildings comprising the Old Vanderburgh County Courthouse of which the Premises forms a part Commercial Center and the rentals derived therefrom for the collection of any judgment (or other judicial process process) requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms terms, covenants and provisions conditions of this Lease to be observed and/or and performed by Landlord, subject, however, to the prior rights right of any ground or underlying lessor or the holder of any mortgage covering the Old Vanderburgh County Courthouse, commercial center; and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board Landlord or entity, including the Board of Commissioner of Vanderburgh County, Indiana, any partner or joint venture comprising Landlord shall be subject to levy, execution, execution or other judicial process for the satisfaction of Tenant’s 's claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse Commercial Center 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, and then grantor or transferor) shall be entirely released and relieved from all liability with respect to the performance of any obligation terms, covenants and conditions on the part of the 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, subject as aforesaid, be binding on Landlord, its successors and assigns only during and with in respect to of their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse Commercial Center or in this Lease. This provision shall not be deemed construed or interpreted to be or constitute an agreement, express or implied, between Landlord and Tenant that Landlord's interest hereunder and in the LeaseCommercial center shall be subject to impressment of an equitable lien or otherwise.

Appears in 1 contract

Samples: Lease (Village Bancorp Inc)

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