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, no Lessor shall 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 Property; provided, however, that 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 it for acting as a Lessor as contemplated by the Operative Documents. It is understood and agreed that, except as provided in the preceding sentence: (i) no Lessor shall 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 (iii) all such personal liability of any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by such Lessor.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, no Lessor shall 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 such the Lessor's interest in the any Property; provided, however, that each 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 it for acting as a the Lessor as contemplated by the Operative Documents. It is understood and agreed that, except as provided in the preceding sentence: (i) no Lessor shall 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 each Lessor to any Lender the Lessee are solely nonrecourse obligations except to the extent that such Lessor it has received payment from others (including, without limitation, obligations with respect to the Loans)others; and (iii) all such personal liability of any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by such Lessor.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, no Lessor shall 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 such the Lessor's interest in the any Property; provided, however, that each 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 it for acting as a the Lessor as contemplated by the Operative Documents. It is understood and agreed that, except as provided in the preceding sentence: (i) no Lessor shall 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 each Lessor to any Lender the Lessee are solely nonrecourse obligations except to the extent that such Lessor it has received payment from others (including, without limitation, obligations with respect to the Loans)others; and (iii) all such personal liability of any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by such Lessor.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, no the Lessor shall not have any personal liability whatsoever to the Administrative Agent, the Lessee or any Participant Lender 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 PropertyCollateral, including the Properties but excluding the Excluded Payments; provided, however, that 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 it for acting as a Lessor as contemplated by the Operative DocumentsLiens attributable to it. It is understood and agreed that, except as provided in the preceding sentence: (i) no 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 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 (iii) all such personal liability of any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by such Lessor.. Xxx Research Corporation Participation Agreement

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, no the Lessor shall have any no personal liability whatsoever to the Company, any Participant Lessee, any Lender or any other Secured Party 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 such the Lessor's interest in the Property; provided, however, that each 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 warranties, obligations or covenants under the Operative DocumentsDocuments (including its obligation under Section 10.5), or (c) for any Tax based on or measured by any fees, commission or compensation received by it for acting as a the Lessor as contemplated by the Operative Documents. It is understood and agreed that, except as provided in the preceding sentence: (i) no Lessor shall 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 each the Lessor to any Lessee, any Lender are or any other Secured Party are, in each case, solely nonrecourse obligations except to the extent that such Lessor it has received payment from others (including, without limitation, obligations with respect to the Loans)others; and (iii) all such personal liability of any the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by such the Lessor.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, no the Lessor shall not have any personal liability whatsoever to the Administrative Agent, the Lessee or any Participant Lender 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 PropertyCollateral, including the Properties but excluding the Excluded Payments; provided, however, that 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 it for acting as a Lessor as contemplated by the Operative DocumentsLiens attributable to it. It is understood and agreed that, except as provided in the preceding sentence: (i) no 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 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 (iii) all such personal liability of any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by such Lessor.

Liability Limited. (a) The parties hereto agree that except as specifically set forth herein or in any other Operative Document, no Lessor shall 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 such the Lessor's interest in the any Property; providedPROVIDED, howeverHOWEVER, that each 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 it for acting as a the Lessor as contemplated by the Operative Documents. It is understood and agreed that, except as provided in the preceding sentence: (i) no Lessor shall 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 each Lessor to any Lender the Lessee are solely nonrecourse obligations except to the extent that such Lessor it has received payment from others (including, without limitation, obligations with respect to the Loans)others; and (iii) all such personal liability of any Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by such Lessor.