Common use of Inability Clause in Contracts

Inability. TO PERFORM — EXCULPATORY CLAUSE Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant to pay Rent hereunder and perform all other covenants, agreements, terms, provisions and conditions hereunder on the part of Tenant to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from doing so by reason of any cause whatsoever beyond Landlord’s reasonable control, including but not limited to governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of strikes, labor troubles, shortages of labor or materials or conditions of supply and demand which have been or are affected by war, hostilities or other similar or dissimilar emergency. In each such instance of inability of Landlord to perform, Landlord shall exercise reasonable diligence to eliminate the cause of such inability to perform. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Building of which the Demised Premises are a part and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that in no event shall Landlord (which term shall include, without limitation any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives, disclosed or undisclosed, of Landlord or any managing agent) ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain 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 said real estate, as aforesaid. In no event shall Landlord ever be liable for consequential damages.

Inability. TO PERFORM — - EXCULPATORY CLAUSE Except as otherwise expressly provided in this LeaseSublease, this Lease Sublease and the obligations of Tenant Sublessee to pay Rent hereunder and perform all other covenants, agreements, terms, provisions and conditions hereunder on the part of Tenant Sublessee to be performed shall in no way be affected, impaired or excused because Landlord Sublessor is unable to fulfill any of its obligations under this Lease Sublease or is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord Sublessor is prevented or delayed from doing so by reason of strikes or labor troubles or any other similar or dissimilar cause whatsoever beyond Landlord’s Sublessor's reasonable control, including but not limited to to, governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or of subdivision thereof of or any governmental agency or by reason of strikes, labor troubles, shortages of labor or materials or the conditions of supply and demand which have been or are affected by war, hostilities or other similar or dissimilar emergency. In each such instance of inability of Landlord Sublessor to perform, Landlord Sublessor shall exercise reasonable diligence to eliminate the cause of such inability to perform. Tenant Sublessee shall neither assert nor seek to enforce any claim for breach of this Lease Sublease against any of Landlord’s 's or Sublessor's assets other than Landlord’s 's or Sublessor's interest in the Building of which the Demised Sublease Premises are a part and in the rents, issues and profits thereof, and Tenant Sublessee agrees to look solely to such interest for the satisfaction of any liability of Landlord or Sublessor under this LeaseSublease, it being specifically agreed that in no event shall Landlord or Sublessor (which term terms shall include, without limitation limitation, any of the officers, trustees, directors, partners, beneficiaries, joint venturersventures, members, stockholders or other principals or representatives, disclosed or undisclosed, of Landlord Landlord, Sublessor or any managing agent) ever be personally liable for any such liability. This paragraph Sublessee specifically agrees and acknowledges that neither Landlord nor Sublessor shall not limit ever be liable for any right that Tenant might otherwise have to obtain injunctive relief against breaches of the Sublease by Landlord or to take any other action which shall not involve Sublessor, as 47 the personal liability of Landlord to respond in monetary damages from Landlord’s assets case may be, other than during the Landlord’s interest period of their respective ownership in said real estate, as aforesaidthe Building. In no event shall Landlord or Sublessor ever be liable for indirect, special, consequential damagesor incidental damages (including without limitation loss of profits, loss or use or loss of goodwill).