Common use of Liability and Successors and Assigns Clause in Contracts

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability beyond Beneficiary's then equity interest in the Property, but in no event in excess of Five Million Dollars ($5,000,000), and Tenant shall look solely to such equity interest for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by Beneficiary.

Appears in 2 contracts

Samples: Lease (Clarent Corp/Ca), Lease (Clarent Corp/Ca)

AutoNDA by SimpleDocs

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary Lender acquires title to the Premises or the Property, Beneficiary Lender shall have no obligation nor incur any liability [beyond Beneficiary's Lender’s then equity interest in the Property, but in no event in excess of Five Million Dollars ($5,000,000), Premises and Tenant shall look solely to such Lender’s then equity interest for the payment and performance of any obligations imposed upon Beneficiary Lender under this Agreement or under the Lease. Lease.][in an amount in excess of $3,000,000 and Tenant’s recourse against Lender shall in no extent exceed the amount of $3,000,000.] This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary Lender assigns or transfers its interest in the Note and Deed of Trust Mortgage or the Property, all obligations and liabilities of Beneficiary Lender under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's Lender’s interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by BeneficiaryLender.

Appears in 1 contract

Samples: Office Lease

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability beyond Beneficiary's ’s then equity interest in the Property, but building in no event in excess which the Premises is located up to a maximum of Five Million Dollars ($5,000,000), and Tenant shall look solely to such equity interest (as limited) for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's ’s interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by Beneficiary.

Appears in 1 contract

Samples: Lease (Maxygen Inc)

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability [beyond Beneficiary's then equity interest in the Property, but in no event in excess of Five Million Dollars ($5,000,000), Premises and Tenant shall look solely to such Beneficiary's then equity interest for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. Lease][in an amount in excess of $3,000,000 and Tenant's recourse against Beneficiary shall in no extent exceeds the amount of $3,000,000.] This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by Beneficiary.

Appears in 1 contract

Samples: Office Lease (Genesis Energy Lp)

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability beyond Beneficiary's then equity interest in the Property, but in no event in excess of Five Million Dollars ($5,000,000), and Tenant shall look solely to such equity interest for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by Beneficiary.

Appears in 1 contract

Samples: Office Lease (Calico Commerce Inc/)

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability beyond Beneficiary's then equity interest in the Property, but building in no event in excess of Five Million Dollars ($5,000,000)which the Premises is located, and Tenant shall look solely to such equity interest for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by Beneficiary.

Appears in 1 contract

Samples: And Attornment Agreement (Advanced Polymer Systems Inc /De/)

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability beyond Beneficiary's then equity interest in the Property, but building in no event in excess which the Premises is located up to a maximum of Five Million Dollars ($5,000,000), and Tenant shall look solely to such equity interest (as limited) for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by Beneficiary.

Appears in 1 contract

Samples: Lease (Maxygen Inc)

AutoNDA by SimpleDocs

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability beyond Beneficiary's then equity interest in the Propertybuilding in which the Premises is located, but in no event in excess of Five Three Million Dollars ($5,000,0003,000,000), and Tenant shall look solely to such equity interest for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by Beneficiary.

Appears in 1 contract

Samples: Lease Between Metropolitan Life (Netobjects Inc)

Liability and Successors and Assigns. In the event that ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability beyond in an amount in excess of Beneficiary's then equity interest in the Property and Tenant's recourse against Beneficiary shall in no extent exceed the amount of Beneficiary's interest in the Property, but in no event in excess of Five Million Dollars ($5,000,000), and Tenant shall look solely to such equity interest for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by BeneficiaryLease.

Appears in 1 contract

Samples: Office Lease (Copart Inc)

Liability and Successors and Assigns. In the event that Beneficiary ------------------------------------ Beneficiary acquires title to the Premises or the Property, Beneficiary shall have no obligation nor incur any liability beyond Beneficiary's then equity interest in the Property, Property but in no event in excess of Five Million Dollars ($5,000,000), and Tenant shall look solely to such equity interest for the payment and performance of any obligations imposed upon Beneficiary under this Agreement or under the Lease. This Agreement shall run with the land and shall inure to the benefit of the parties and, their respective successors and permitted assigns including a Foreclosure Purchaser. If a Foreclosure Purchaser acquires the Property or if Beneficiary assigns or transfers its interest in the Note and Deed of Trust or the Property, all obligations and liabilities of Beneficiary under this Agreement shall terminate and be the responsibility of the Foreclosure Purchaser or other party to whom Beneficiary's interest is assigned or transferred. The interest of Tenant under this Agreement may not be assigned or transferred except in connection with an assignment of its interest in the Lease which has been consented to by Beneficiary, except an assignment which the Lease permits without the prior written consent of Landlord.

Appears in 1 contract

Samples: Attornment Agreement (Phone Com Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.