Common use of Exculpatory Clause Clause in Contracts

Exculpatory Clause. This Lease is executed by American National Bank & Trust Company, not personally but as Trustee as aforesaid, in the exercise of and power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15, 1976, and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee or said beneficiaries, and in particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied herein contained, to keep, preserve or acquiesce any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Exculpatory Clause. This Lease is executed by American National Bank & Trust CompanyAMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not personally personally, but as Trustee as aforesaid, in the exercise of and the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15December 30, 1976, 1985 and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subject66360 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied implied, herein contained, nor to keep, preserve or acquiesce sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Exculpatory Clause. This Lease is executed by American National Bank & and Trust CompanyCompany of Chicago, not personally but as Trustee as aforesaid, in the exercise of and power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 156, 19761985, and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subjectNo. 65453 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied implied, herein contained, to keep, preserve or acquiesce sequester any property of or said Trust, and that all personal liability of said Trustee (and said beneficiaries beneficiaries, to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any the indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate trust estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It If is further understood and agreed that the said Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Exculpatory Clause. This Lease is executed by American National Bank & Trust Company, not personally but as Trustee as aforesaid, in the exercise of and power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15, 1976, and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied implied, herein contained, or to keep, preserve or acquiesce sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by Tenant, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Leased Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked legal title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, Tenant's occupancy of the building or Landlord's ownership of the Leased Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord's fee simple or leasehold estate in the Leased Premises (whichever is applicable) and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by the beneficiary fee simple or beneficiaries of said Trustleasehold estate.

Exculpatory Clause. This Lease is executed by American National Bank & Trust CompanyExcept with respect to any damages resulting from the gross negligence of Landlord, its agents, or employees, Landlord shall not personally but as Trustee as aforesaidbe liable to Tenant, in the exercise of and power and authority conferred upon and vested in its agents, employees, or customers for any damages, losses, compensation, accidents, or claims whatsoever. The foregoing notwithstanding, it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15, 1976, and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied implied, herein contained, or to keep, preserve or acquiesce sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by TenantXxxxxx, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Leased Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked legal title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, Xxxxxx's occupancy of the building or Landlord's ownership of the Leased Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord's fee simple estate in the Real Estate and the rents and profits thereof, and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by fee simple estate and the beneficiary or beneficiaries of said Trustrents and profits thereof.

Exculpatory Clause. This Lease is executed by American National Bank & Trust CompanyLandlord shall not be liable to Tenant, not personally but as Trustee as aforesaidits agents, in the exercise employees, or customers or family members of and power and authority conferred upon and vested in it as such Trustee, and under the express direction any of the beneficiaries of a certain Trust Agreement dated September 15same for any damages, 1976losses, and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subjectcompensation, accidents, or claims whatsoever. It The foregoing notwithstanding, it is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied implied, herein contained, or to keep, preserve or acquiesce sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by Tenant, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; , and that so far as the parties hereto are concerned concerned, the owner of any indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked legal title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, Tenant's occupancy of the Building or Landlord's ownership of the Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord's interest in the Premises (whichever is applicable) and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by the beneficiary or beneficiaries of said TrustPremises.

Exculpatory Clause. This Lease is executed by American National Bank & Trust CompanyExcept with respect to any damages resulting from the gross negligence of Landlord, its agents, or employees, Landlord shall not personally but as Trustee as aforesaidbe liable to Tenant, in the exercise of and power and authority conferred upon and vested in its agents, employees, or customers for any damages, losses, compensation, accidents, or claims whatsoever. The foregoing notwithstanding, it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15, 1976, and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied implied, herein contained, or to keep, preserve or acquiesce sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by TenantXxxxxx, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Leased Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked legal title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, Xxxxxx’s occupancy of the building or Landlord’s ownership of the Leased Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord’s fee simple estate in the Real Estate and the rents and profits thereof, and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by fee simple estate and the beneficiary or beneficiaries of said Trustrents and profits thereof.

Exculpatory Clause. This Lease is executed by American National Bank & Trust CompanyLandlord, not personally personally, but as Trustee trustee (hereinafter "Trustee") pursuant to a certain Trust Agreement dated August 27, 1982 and known as aforesaidTrust Number 105272 (hereinafter "Trust Agreement"), in the exercise of and the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15, 1976Landlord's Beneficiaries, and known as Trust Number 39340 subject to all provisions of the Trust Agreement, to which Trust Agreement this the Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said the Trustee or said beneficiariesLandlord's Beneficiaries, and in particular particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied implied, herein contained, to keep, preserve preserve, or acquiesce sequester any property of said the Trust, and that all personal liability of said Trustee (the Trustee, and said beneficiaries to the extent permitted by law)Landlord's Beneficiaries, of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate from time to time Estate, which is the Building, subject to the provisions of said the Trust Agreement Agreement, for the payment thereof. It is further understood and agreed that the said Trustee has no agents or employees and merely holds naked legal title a leasehold interest to the property herein described Building and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases leases, or other factual matter with respect to said premisesthe Building, except as represented to it by the beneficiary or beneficiaries of said Trust.Landlord's Beneficiaries. THE BALANCE OF THIS PAGE IS INTENTIONALLY OMITTED

Exculpatory Clause. This Neither Tenant or any person or entity claiming by, through or under Tenant shall assert or seek to enforce any claim or breach of this Lease is executed by American National Bank & Trust Company, not personally but as Trustee as aforesaid, against any of Landlord's assets other than Landlord's equity interest in the exercise of Building and power in the uncollected rents, issues and authority conferred upon and vested in it as such Trusteeprofits thereof, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15, 1976, Tenant and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee or said beneficiaries, and in particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied herein contained, to keep, preserve or acquiesce any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the such parties hereto are concerned the owner of any indebtedness of liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement such interest for the payment thereof. It is further understood and satisfaction of any liability of Landlord or Landlord's agents under this Lease or otherwise, it being specifically agreed that in no event shall Landlord (or any of the said Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentalsofficers, leases trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other factual matter with respect principals, agents (including, without limitation, Landlord's managing agent for the Property) or representatives, and the like, disclosed or undisclosed, thereof) ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to said premisesobtain injunctive relief against Landlord or to take any other action which shall not involve the personal liability of Landlord to respond in monetary damages from Landlord's assets other than the Landlord's interest in the Building, except as represented aforesaid. In no event shall Tenant or Landlord (or any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals, agents (including, without limitation, Landlord's managing agent for the Property) or representatives and the like, disclosed or undisclosed, thereof) ever be liable for consequential damages. If by reason of Landlord's failure to it by complete construction of the beneficiary or beneficiaries Premises, Landlord shall be held to be in breach of said Trustthis Lease, Tenant's sole and exclusive remedy shall be a right to terminate this Lease.

Exculpatory Clause. This Lease is executed by American National Bank & and Trust CompanyCompany of Chicago, Illinois, not personally but as Trustee as aforesaid, in the exercise of and the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15June 11, 19761985, and known as Trust Number 39340 64661 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee or said beneficiaries, and in particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied implied, herein contained, to keep, preserve or acquiesce sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee has no agents agent or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Exculpatory Clause. This Lease is executed by American LaSalle National Bank & Trust CompanyTrust, N.A., as Trustee, not personally but as Trustee as aforesaid, in the exercise of and the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated September 15July 3, 19761996, and known as Trust Number 39340 to all provisions of which Trust Agreement this Lease is expressly made subject120358 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any a covenant, either express or implied implied, herein contained, to keep, preserve or acquiesce sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries beneficiaries, to the extent permitted by law), of every sort, if any, is hereby expressly waived by TenantLessee, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness of or liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premisesPremises, except as represented to it by the beneficiary or beneficiaries of the said Trust.