Limitation of Lessor's Liability. It is expressly agreed and understood that all representations, warranties and undertakings of Lessor hereunder (except as expressly provided herein) shall be binding upon Lessor only in its capacity as Owner Trustee under the Trust Agreement and in no case shall the Trust Company be personally liable for or on account of any statements, representations, warranties, covenants or obligations stated to be those of Lessor hereunder, except that the Trust Company shall be personally liable for its gross negligence or willful misconduct and for its breach of its covenants, representations and warranties contained herein to the extent covenanted or made in its individual capacity.
Limitation of Lessor's Liability. If Lessor is in default of this Lease, and as a consequence Lessee recovers a money judgment against Lessor, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Lessor in the Building or out of rent or other income from the Building receivable by Lessor or out of the consideration received by Lessor from the sale or other disposition of all or any part of Lessor’s right, title and interest in the Building. Lessor shall not be personally liable for any deficiency.
Limitation of Lessor's Liability. The term “Lessor,” as used in this Lease, so far as covenants or obligations on the part of Lessor are concerned, shall be limited to mean and include only the owner or owners at the time in question of the fee or any lesser estate in the Premises, and in the event of any transfer of the title to such fee or lesser estate the Lessor herein named (and in the case of any subsequent transfer, the then transferor) shall be automatically freed and relieved from and after the date of such transfer of all personal liability for the performance of any covenants or obligations on the part of Lessor contained in this Lease thereafter to be performed; provided, however, that any funds in the hands of Lessor of the then transferor at the time of such transfer, in which Lessee has an interest, shall be turned over to the transferee and any amount then due and payable to Lessee by Lessor or the then transferor under any provision of this Lease shall be paid to Lessee; and provided, further, that upon any such transfer, the transferee shall expressly assume, subject to the limitations of this paragraph, all of the agreements, covenants and conditions in this Lease to be performed on the part of Lessor, it being intended hereby that the covenants and obligations contained in this Lease on the part of Lessor shall, subject as aforesaid, be binding on each Lessor, its successors and assigns, only during its period of ownership.
Limitation of Lessor's Liability. The Lessee expressly agrees and acknowledges that, save only as provided in clause 6.1, no condition, warranty or representation of any kind is or has been given by or shall be deemed to be or to have been given by or on behalf of the Lessor in respect of the Ship, and accordingly the Lessee confirms that it has not, in entering into this Lease, relied on any condition, warranty, representation or covenant by or deemed to have been made by the Lessor or any person on the Lessor's behalf (whether authorised or not), express or implied, whether arising by law, statute or otherwise in relation to the Ship, including, without limitation, warranties or representations as to the description, seaworthiness, quality, construction, suitability, merchantability, satisfactory quality, fitness for any purpose, value, state, condition, appearance, finish, safety, durability, design or operation of any kind or nature of the Ship, and the benefit of any such condition, warranty or representation by the Lessor is hereby irrevocably and unconditionally waived by the Lessee. To the extent permissible under applicable law, the Lessee also waives any rights which it may have in tort or otherwise (including, without limitation, negligence) in respect of any of the matters referred to above and irrevocably agrees that the Lessor shall have no greater liability in tort or otherwise (including, without limitation, negligence) in respect of any such matter than it would have in contract after taking account of all the foregoing exclusions. No third party making any representation or warranty relating to the Ship or any part of the Ship is the agent of the Lessor nor has any such third party authority to bind the Lessor thereby.
Limitation of Lessor's Liability. Notwithstanding any provision to the contrary contained in this Lease, Lessee acknowledges that, in enforcing its rights hereunder or in satisfaction of any judgment obtained against Lessor, Lessee's sole recourse shall be the right, title and interest of Lessor in and to the Leased Property.
Limitation of Lessor's Liability. It is expressly agreed and understood that all representations, warranties and undertakings of Lessor hereunder (except as expressly provided herein) shall be binding upon Lessor only in its capacity as Owner Trustee under the Trust Agreement and in no case shall Wilmington Trust Company be personally liable for or on account of any statements, representations, warranties, covenants or obligations stated to be those of Lessor hereunder, except that Lessor (or any successor Owner Trustee) shall be personally liable for its gross negligence or willful misconduct or for its breach of its covenants, representations and warranties contained herein to the extent covenanted or made in its individual capacity.
Limitation of Lessor's Liability. Notwithstanding anything to the contrary provided in this Lease, it is specifically understood and agreed, such agreement being a primary consideration for the execution of this Lease by Lessor, that there shall be absolutely no personal liability on the part of Lessor, its constituent members (to include but not be limited to officers, directors, partners and trustees), their respective successors, assigns or any mortgagee in possession (for the purposes of this Section, collectively referred to as 'Lessor') with respect to any of the terms, covenants and conditions of this Lease, and that Lessee shall look solely to the equity of Lessor in the Building for the satisfaction of each and every remedy of Lessee in the event of any breach by Lessor of any of the terms, covenants and conditions of this Lease to be performed by Lessor, such exculpation of liability to be absolute and without any exceptions whatsoever. A deficit capital account of any portion in Lessor shall not be deemed an asset or property of Lessor. The foregoing limitation of liability shall be noted in any judgment secured against Lessor and in the judgment index.
Limitation of Lessor's Liability. The obligations of Lessor -------------------------------- under this Lease shall not constitute personal obligations of the partners, directors, officers or shareholders of Lessor, and Lessee shall look solely to the real estate that is the subject of this Lease and to no other assets of Lessor for satisfaction of any liability in respect of this Lease and shall not seek recourse against the partners, directors, officers or shareholders of Lessor or any of their personal assets for such satisfaction.
Limitation of Lessor's Liability. The obligations of Lessor under this Lease do not constitute personal obligations of the individual partners, shareholders, directors, officers, employees or agents of Lessor, and Lessee shall look solely to Lessor for satisfaction of any liability in respect of this Lease, and will not seek recourse against the individual partners, shareholders, directors, officers, employees or agents of Lessor or any of their personal assets for such satisfaction. Lessees sole rights and remedy in any actions or proceeding concerning Lessors reasonableness (where the same is required under this Lease) shall be an action for either declaratory judgment or specific performance.
Limitation of Lessor's Liability. The Lessor shall not be liable to the Occupant for any injury of loss of damage of any description which the Occupants and or any member of the Occupants’ family, or employee or servant, or any relative, friend, visitor invitee or guest of the Occupant may sustain, physically or to his or their property, directly or indirectly, in or about the leased premises, or any application whatsoever in the leased premises or in the building in which the leased premises are situated.
