Common use of Liability Limited Clause in Contracts

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, the Lessor shall not have any personal liability whatsoever to any Participant or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the Collateral, including the Property but excluding the Excepted Payments and Supplemental Collateral; provided, however, that the Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence, (b) breach of any of its representations, warranties or covenants under the Operative Documents, (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor for acting as the Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to it. It is understood and agreed that, except as provided in the preceding sentence: (i) the Lessor shall not have any personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; and (ii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. Tandem Health Care of Ohio, Inc. Participation Agreement (b) No Participant shall have any obligation to any other Participant or to the Gurantor or the Lessee, with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that ----------------- except as specifically set forth herein or in any other Operative Document, the Lessor shall not have any no personal liability whatsoever to the Lessee or any other Participant or the Administrative Agent or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the Collateral, including Lessor's interest in the Property but excluding the Excepted Payments and Supplemental CollateralProperty; provided, however, that the Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence, (b) breach of any of its representations, warranties or covenants under the Operative Documents, (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor for acting as the Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to it. It is understood and agreed that, except as provided in the preceding sentence: (i) the Lessor shall not have any no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of the Lessor to the Lessee are solely nonrecourse obligations; and (iiiii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. Tandem Health Care of Ohio, Inc. Participation Agreement. (b) No Participant shall have any obligation to any the other Participant or to the Gurantor or the Lessee, with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s 's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, the Lessor shall not have any no personal liability whatsoever to the Lessee, the Agent or any Participant or their respective successors and assigns for any claim based on or in respect hereof of the Lease or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the Collateral, including the Property but excluding the Excepted Payments and Supplemental Collateralthereby; provided, however, that the Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligencenegligence (or negligence in the handling of funds), (b) for liabilities that may result from its breach of any of its representationsthe covenant to remove Lessor Liens set forth in Section 10.3, warranties or covenants under the Operative Documents, (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor it for acting as the Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to it. It is understood and agreed that, except as provided in the preceding sentenceproviso: (i) the Lessor shall not have any no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any Documents; (ii) all obligations of the Operative DocumentsLessor to the Lessee, the Agent and the Participants are solely nonrecourse obligations and shall be enforceable solely against the interest of the Lessor in the Property; and (iiiii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. Tandem Health Care Notwithstanding anything contained herein, the restrictions stated in the preceding provisions of Ohiothis Section 15.10(a) shall not apply to liability of the Lessor arising because of a breach of the Lessor's obligation to remove Lessor Liens or because of its receiving Advances and failing to disburse Advances to the Lessee in accordance with the Operative Documents, Inc. Participation Agreementor failure to disburse proceeds from the sale of the Property in accordance with this Lease. (b) No Participant shall have any obligation to any other Participant or to the Gurantor Lessee, the Lessor or the Lessee, Agent with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s 's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative DocumentAgreement, the no Lessor shall not have any personal liability whatsoever to any Participant or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents Agreements or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against such Lessor's interest in the Collateral, including the Property but excluding the Excepted Payments and Supplemental CollateralProperty; provided, however, that the each Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence, (b) breach of any of its representations, warranties or covenants under the Operative DocumentsAgreements, or (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor it for acting as the a Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to itAgreements. It is understood and agreed that, except as provided in the preceding sentence: (i) the no Lessor shall not have any personal liability under any of the Operative Documents Agreements as a result of acting pursuant to and consistent with any of the Operative DocumentsAgreements; (ii) all obligations of each Lessor to any Lender are solely nonrecourse obligations except to the extent that such Lessor has received the proceeds to the Loans); and (iiiii) all such personal liability of the any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents Agreements by the such Lessor. Tandem Health Care of Ohio, Inc. Participation Agreement (b) No Participant shall have any obligation to any other Participant or to Lessee, the Gurantor Lessors or the Lessee, Lenders with respect to transactions contemplated by the Operative DocumentsAgreements, except those obligations of such Participant expressly set forth in the Operative Documents Agreements or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s 's obligations under the Operative Documents Agreements except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, the Lessor shall not have any no personal liability whatsoever to the Lessee, the Agent or any Participant or their respective successors and assigns for any claim based on or in respect hereof of the Lease or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the Collateral, including the Property but excluding the Excepted Payments and Supplemental Collateralthereby; provided, however, that the Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligencenegligence (or negligence in the handling of funds), (b) for liabilities that may result from its breach of any of its representationsthe covenant to remove Lessor Liens set forth in Section 10.3, warranties or covenants under the Operative Documents, (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor it for acting as the Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to it. It is understood and agreed that, except as provided in the preceding sentenceproviso: (i) the Lessor shall not have any no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any Documents; (ii) all obligations of the Operative DocumentsLessor to the Lessee, the Agent and the Participants are solely nonrecourse obligations and shall be enforceable solely against the interest of the Lessor in the Property; and (iiiii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. Tandem Health Care Notwithstanding anything contained herein, the limitations on liability stated in the preceding provisions of Ohiothis Section 15.10(a) shall not apply to liability of the Lessor arising because of a breach of the Lessor's obligation to remove Lessor Liens or because of its receiving Advances and failing to disburse Advances to the Lessee in accordance with the Operative Documents, Inc. or failure to disburse proceeds from the sale of the Property in accordance with the Lease and this Participation Agreement. (b) No Participant shall have any obligation to any other Participant or to the Gurantor Lessee, the Lessor or the Lessee, Agent with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s 's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, the no Lessor shall not have any personal liability whatsoever to any Participant or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against such Lessor's interest in the Collateral, including the Property but excluding the Excepted Payments and Supplemental CollateralProperty; provided, however, that the each Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence, (b) breach of any of its representations, warranties or covenants under the Operative Documents, or (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor it for acting as the a Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to it. It is understood and agreed that, except as provided in the preceding sentence: (i) the no Lessor shall not have any personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of each Lessor to any Lender are solely nonrecourse obligations except to the extent that such Lessor has received payment from others (including, without limitation, obligations with respect to the Loans); and (iiiii) all such personal liability of the any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the such Lessor. Tandem Health Care of Ohio, Inc. Participation Agreement. (b) No Participant shall have any obligation to any other Participant or to any Beve▇▇▇ ▇▇▇ity, the Gurantor Lessors or the Lessee, Lenders with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s obligations under the Operative Documents except as otherwise so set forth.,

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, the Lessor shall not have any no personal liability whatsoever to the Lessee or any Participant or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, the recourse shall be solely had against the Collateral, including the Property but excluding the Excepted Payments and Supplemental CollateralLessor's interest in any Property; provided, however, that the Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligencenegligence (or negligence in the handling of funds), (b) breach of any of its representations, warranties or covenants under the Operative Documents, or (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor it for acting as the Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to it. It is understood and agreed that, except as provided in the preceding sentence: (i) the Lessor shall not have any no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of Lessor to the Lessee are solely nonrecourse obligations except to the extent that it has received payment from others; and (iiiii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. Tandem Health Care of Ohio, Inc. Participation Agreement. (b) No Participant shall have any obligation to any other Participant or to the Gurantor Lessee, the Lessor or the Lessee, Lenders with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s 's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, the Lessor shall not have any no personal liability whatsoever to the Lessee or any Participant or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, the recourse shall be solely had against the Collateral, including the Property but excluding the Excepted Payments and Supplemental CollateralLessor's interest in any Property; provided, however, that the Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligencenegligence (or negligence in the handling of funds), (b) breach of any of its representations, warranties or covenants under the Operative Documents, or (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor it for acting as the Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to it. It is understood and agreed that, except as provided in the preceding sentence: (i) the Lessor shall not have any no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of Lessor to the Lessee are solely nonrecourse obligations except to the extent that it has received payment from others; and (iiiii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. Tandem Health Care of Ohio, Inc. Participation Agreement (b) No Participant shall have any obligation to any other Participant or to the Gurantor or the Lessee, with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, the Lessor shall not have any no personal liability whatsoever to the Lessee or any Participant or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, the recourse shall be solely had against the CollateralLessor's interest in any Property; PROVIDED, including the Property but excluding the Excepted Payments and Supplemental Collateral; provided, howeverHOWEVER, that the Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligencenegligence (or negligence in the handling of funds), (b) breach of any of its representations, warranties or covenants under the Operative Documents, or (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor it for acting as the Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to it. It is understood and agreed that, except as provided in the preceding sentence: (i) the Lessor shall not have any no personal liability under any of the Operative Documents as a result of acting pursuant to and consistent with any of the Operative Documents; (ii) all obligations of Lessor to the Lessee are solely nonrecourse obligations except to the extent that it has received payment from others; and (iiiii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor. Tandem Health Care of Ohio, Inc. Participation Agreement. (b) No Participant shall have any obligation to any other Participant or to the Gurantor Lessee, the Lessor or the Lessee, Lenders with respect to transactions contemplated by the Operative Documents, except those obligations of such Participant expressly set forth in the Operative Documents or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s 's obligations under the Operative Documents except as otherwise so set forth.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative DocumentAgreement, the Lessor shall not have any no personal liability whatsoever to any Participant or their respective successors and assigns for any claim based on or in respect hereof or any of the other Operative Documents Agreements or arising in any way from the transactions contemplated hereby or thereby and recourse, if any, shall be solely had against the Collateral, including Lessor's interest in the Property but excluding the Excepted Payments and Supplemental CollateralProperty; provided, however, that the Lessor shall be liable in its individual capacity (ai) for its own willful misconduct or gross negligence, (bii) breach of any of its representations, warranties or covenants under the Operative DocumentsAgreements, or (c) for any Tax based on or measured by any fees, commission or compensation received by the Lessor it for acting as the a Lessor as contemplated by the Operative Documents, or (d) any Lessor Liens attributable to itAgreements. It is understood and agreed that, except as provided in the preceding sentence: (i) the Lessor shall not have any no personal liability under any of the Operative Documents Agreements as a result of acting pursuant to and consistent with any of the Operative DocumentsAgreements; (ii) all obligations of the Lessor to any Rent Purchaser are solely nonrecourse obligations except to the extent that the Lessor has received the proceeds to the Rent Purchaser Advances); and (iiiii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents Agreements by the Lessor. Tandem Health Care of Ohio, Inc. Participation Agreement (b) - No Participant shall have any obligation to any other Participant or to Lessee, the Gurantor Lessor or the Lessee, Rent Purchasers with respect to transactions contemplated by the Operative DocumentsAgreements, except those obligations of such Participant expressly set forth in the Operative Documents Agreements or except as set forth in the instruments delivered in connection therewith, and no Participant shall be liable for performance by any other party hereto of such other party’s 's obligations under the Operative Documents Agreements except as otherwise so set forth.