Common use of Liability of Landlord Clause in Contracts

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 4 contracts

Samples: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (Ev3 Inc.), Lease Agreement (Uroplasty Inc)

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Liability of Landlord. The word “Landlord” in 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease includes the shall be binding upon Landlord executing this Lease as well as and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases Tenant agrees to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in interest this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of the covenants and Landlord’s obligations of under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord hereunder which subsequently accrue. Landlord Parties shall not be deemed to be in default liable under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s notice. In no event shall Landlord be liable to Tenant for any business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of Tenant or for consequentialuse, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Propertyin each case, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlordhowever occurring.

Appears in 4 contracts

Samples: Lease Agreement (Veritone, Inc.), Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 4 contracts

Samples: Lease Agreement (Synchronoss Technologies Inc), Lease Agreement (Advanta Corp), Agreement of Lease (Measurement Specialties Inc)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property (including, without limitation, rents, condemnation awards, insurance and sale proceeds) for the satisfaction of any claim by Tenant against Landlord.

Appears in 3 contracts

Samples: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)

Liability of Landlord. The word “Landlord” in this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyProperty other than Landlord, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely . No mortgagee or lessor succeeding to the equity interest of Landlord hereunder (either in the Property terms of ownership or possessory rights) shall be (a) liable for the satisfaction any previous act or omission of a prior landlord, (b) subject to any claim rental offsets or defenses against a prior landlord or (c) bound by an amendment of this Lease made without its written consent, or by payment by Tenant against Landlordof Rent in advance in excess of one monthly installment.

Appears in 3 contracts

Samples: Intellectual Property Agreement (Harris Corp /De/), Lease Agreement (Harris Stratex Networks, Inc.), Intellectual Property Agreement (Stratex Networks Inc)

Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 2 contracts

Samples: Lease Agreement (National Health Partners Inc), Lease Agreement (National Health Partners Inc)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 2 contracts

Samples: Lease Agreement (Neose Technologies Inc), Agreement of Lease (Verticalnet Inc)

Liability of Landlord. The word “Landlord” in 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease includes the shall be binding upon Landlord executing this Lease as well as and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases Tenant agrees to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in interest this Section 29.1 shall inure to the benefit of Landlord's and the Landlord Parties' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of the covenants and Landlord's obligations of under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord hereunder which subsequently accrue. Landlord Parties shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of Tenant or for consequentialuse, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Propertyin each case, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlordhowever occurring.

Appears in 2 contracts

Samples: Lease Agreement (Telenav, Inc.), Lease Agreement (Telenav, Inc.)

Liability of Landlord. The word “Landlord” Notwithstanding anything in this Lease includes to the contrary, any remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord executing in the event of any default by Landlord hereunder or any claim, cause of action or obligation, contractual, statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any matter relating to this Lease as well as its successors and assignsall of the covenants and conditions or any obligations, each contractual, statutory, or otherwise set forth herein, shall be limited solely and exclusively to an amount which is equal to the lesser of which shall have (i) the same rightsinterest of Landlord in and to the Project, remedies, powers, authorities and privileges as it (ii) the interest Landlord would have had it originally signed in the Project if the Project were encumbered by third party debt in an amount equal to ninety percent (90%) of the then current value of the Project. No other property or assets of Landlord, or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord (the "REPRESENTATIVE") shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease as Lease, Landlord. Any such person or entity's obligations to Tenant, whether contractual, statutory or not named otherwise, the relationship of Landlord and Tenant hereunder, or Tenant's use or occupancy of the Premises. Tenant further understands that any liability, duty or obligation of Landlord to Tenant, shall automatically cease and terminate as of the date that Landlord or any of Landlord's Representatives no longer have any right, title or interest in or to the Project. Notwithstanding anything to the contrary in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default liable under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following any circumstances for injury or damage to, or interference with, Tenant’s notice. In no event shall Landlord be liable to Tenant for any 's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of Tenant or for consequentialuse, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Propertyin each case, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlordhowever occurring.

Appears in 2 contracts

Samples: Standard Office Lease (Investment Technology Group Inc), Defined Terms (Patriot Scientific Corp)

Liability of Landlord. The word “Landlord” in this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord’s obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant’s claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 2 contracts

Samples: Sublease Agreement (Compellent Technologies Inc), Lease Agreement (CNS Inc /De/)

Liability of Landlord. The word “Landlord” in this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability therefore upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; , and if Landlord is in breach or default with respect to Landlord’s obligations under this Lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant’s claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of the Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 2 contracts

Samples: Lease Agreement (MR2 Group, Inc.), Lease Agreement (MR2 Group, Inc.)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the --------------------- Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 2 contracts

Samples: Lease Agreement (Cyberfast Systems Inc), Agreement of Lease (Verticalnet Inc)

Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the --------------------- Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 2 contracts

Samples: Lease Agreement (Divicore Inc), Lease Agreement (Astropower Inc)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Xxxxxx's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Nicollet Process Engineering Inc)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period thirty (30) days following Tenant’s notice, provided, however, if the default cannot reasonably be cured within thirty (30) days following Tenant’s giving of notice, Landlord shall be afforded additional reasonable time. In Except as otherwise expressly provided in this Lease, in no event shall Landlord either party be liable to Tenant the other party for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; provided, however, any claim by Tenant against Landlord as a result of Landlord’s default shall look be limited to and satisfied solely to from the equity of Landlord in the Property for the satisfaction of any claim by Tenant against LandlordProperty.

Appears in 1 contract

Samples: U.S. Auto Parts Network, Inc.

Liability of Landlord. The word “If Landlord shall fail to perform any covenant, terr~ or condition of this Lease upon Landlord's part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord's mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease includes the as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as well as its successors Trustee under an express trust, and assignsit is expressly understood and agreed by and between the parties hereto, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title anything herein to the Premises except for obligations already accrued (andcontrary notwithstanding, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of that each and all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants representations, covenants, undertakings and obligations agreements herein made on the part of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed while in form purporting (except as herein otherwise expressed) to be in default under the representations, covenants, undertakings, and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease unless Tenant gives is executed and delivered by said Landlord notice specifying not in its own right, but solely in the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner exercise of the Propertypowers conferred upon it as such Trustee; that no duty shall rest upon Landlord to sequester the trust estate or the rents, whether disclosed issues and profits arising therefrom, or undisclosed, shall have the proceeds arising from any sale or other disposition thereof; and that no personal liability with respect to or personal responsibility is assumed by nor shall at any time be asserted or enforceable against Trustee, or any successor trustee or any of the provisions beneficiaries under said trust, on account of this Lease or on account of any representation, covenant, undertaking or agreement of the Premises; Tenant shall look solely to the equity of said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by the Property for the satisfaction of any claim Tenant herein and by Tenant against Landlordall persons claiming by, through or under said Tenant.

Appears in 1 contract

Samples: Lease Agreement (Play Co Toys & Entertainment Corp)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest), provided its successor assumes the obligations of Landlord hereunder. Upon such assignment and assumption, Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Subject to Section 9(c), Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s written notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Neuronetics, Inc.)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued accrued, (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Agreement of Lease (Aht Corp)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue, provided that the successor landlord has assumed this Lease. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. Except for damages directly caused by Landlord’s gross negligence or willful misconduct, Landlord will not be liable to Tenant, its Agents, customers, clients, family members, guests, or trespassers for any damage, compensation, or claim arising from (i) the repairing of any portion of the Building, (ii) any interruption in the use of the Premises or the Property, (iii) accident or damage resulting from the use or operation (by Landlord, Tenant, or any other person or persons whatsoever) of elevators, escalators, or heating, cooling, electrical, or plumbing equipment or apparatus, (iv) the termination of this Lease because of the destruction of the Premises or a taking or sale in lieu thereof by eminent domain, (v) any casualty, robbery, theft, criminal act, or unexplained disappearance, or (vi) any leakage in any part of the Premises or the rest of the Building (including areas occupied by other tenants and occupants of the Building), or from water, rain, or snow that may leak into, or flow from, any part of the Premises or the rest of the Building, or from drains, pipes or plumbing work in or about the Building. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord. The foregoing limitation on Landlord’s liability shall not be deemed to constitute a waiver by Tenant of any of Tenant’s nonmonetary legal or equitable remedies.

Appears in 1 contract

Samples: Lease Agreement (Nortech Systems Inc)

Liability of Landlord. The word “Landlord” in 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease includes the shall be binding upon Landlord executing this Lease as well as and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases Tenant agrees to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in interest this Section 29.1 shall inure to the benefit of Landlord's and the Landlord Parties' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of the covenants and Landlord's obligations of under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord hereunder which subsequently accrue. Landlord Parties shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of use, in each case, however occurring. Notwithstanding any contrary provision herein, neither Tenant nor any member, partner, trustee, stockholder, officer, director, employee, beneficiary or affiliate of Tenant ("Tenant Parties") shall be liable under any circumstances for any indirect or for consequentialconsequential damages or any injury or damage to, punitive or special damages interference with, the Landlord's business or that of any kind. Neither Landlord nor any principal of Landlord nor any owner Landlord's Parties, including but not limited to, loss of the Propertyprofits, whether disclosed loss of rents or undisclosedother revenues (other than as expressly provided in Section 22.2), shall have any personal liability with respect to any loss of the provisions business opportunity, loss of this Lease goodwill or the Premises; Tenant shall look solely to the equity loss of Landlord use, in the Property for the satisfaction of any claim by Tenant against Landlordeach case, however occurring, except as specifically provided in Article 31.

Appears in 1 contract

Samples: Lease Agreement (Shutterfly Inc)

Liability of Landlord. The word “Landlord” Except with respect to the obligations of Landlord pursuant to the Environmental Agreement and Sections 7.6 and 9.1 hereof, Tenant shall be deemed to be in exclusive control and possession of the Premises during the Term as provided in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Restated Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed liable for any injury or damage to be in default any Property or to any Person occurring on or about any Property nor for any injury or damage to any property of Tenant, or of any other person, during the Term, unless caused by Landlord's or the Power Test Lessor's wrongful acts and/or omissions or acts of negligence or a breach of Landlord's obligations under this Restated Lease unless Tenant gives either by Landlord notice specifying or the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business Power Test Lessor or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the their respective agents, employees, contractors, licensees or invitees. The provisions of this Restated Lease permitting Landlord to enter and inspect any Property are intended to allow Landlord to be informed as to whether Tenant is complying with the agreements, terms, covenants and conditions of this Restated Lease, and to the extent permitted by this Restated Lease, to perform such acts required by Landlord under this Restated Lease and of Tenant if Tenant shall fail to perform. Such provisions shall not be construed to impose upon Landlord any obligation, liability or duty to third parties, but nothing in this Restated Lease shall be construed to exculpate, relieve or Indemnify Landlord from or against any obligation, liability or duty of Landlord to third parties existing at or before the applicable Commencement Date or its obligations arising under Sections 7.6 or 9.1 hereof or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against LandlordEnvironmental Agreement.

Appears in 1 contract

Samples: Master Lease (Getty Petroleum Marketing Inc /Md/)

Liability of Landlord. (a) The word "Landlord" in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit or Interim Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Notwithstanding the foregoing, Landlord's successor shall have liability for the performance of the covenants and obligations that occurred prior to the transfer of the Property to the extent that (A) the breach of any covenant or obligation is expressly set forth with specificity in an estoppel certificate from Tenant to such successor Landlord in connection with the transfer of the Property (which estoppel certificate shall be requested by Landlord in connection with every such transfer); and (B) for the reconciliation of Operating Expenses as set forth in Section 6 hereof. In addition to the foregoing, Landlord shall not be deemed use commercially reasonable efforts, at no expense to be in default Landlord, to obtain from its successor Landlord agreement to assume all of the obligations and liabilities of the predecessor Landlord under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of claims by Tenant. Nothing contained in the provisions of this Lease or the Premises; foregoing, however, shall obligate Landlord to use commercially reasonable efforts to assign liability to such successor Landlord for any claims that are covered by Landlord's insurance hereunder. Tenant shall look solely to the equity of Landlord in the Property (including any insurance proceeds, condemnation awards and rents with respect thereto or therefrom) for the satisfaction of any claim by Tenant against Landlord. With respect to any claim made by Tenant against a Landlord, such "equity of Landlord" in the Property shall include the net sale proceeds of the transfer of the Property actually received by Landlord. (b) If Landlord shall breach or fail to perform or observe any term or condition in this Lease contained on Landlord's part to be performed or observed within thirty (30) days after receipt of written notice from Tenant specifying such breach or failure (or, if such breach or failure shall reasonably take more than thirty (30) days to cure, Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), Tenant may, at Tenant's option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such breach or failure, but only if such breach or failure is creating a material impairment to the operation of Tenant's business at the Premises. Tenant may cure any such breach or failure as aforesaid prior to the expiration of said cure period, without notice to Landlord, if an emergency situation exists but solely if the curing of such breach or failure prior to the expiration of said cure period is necessary to protect the Premises or Tenant's interest therein or to prevent injury or damage to persons or property. Landlord shall reimburse Tenant for any amounts reasonably incurred by Tenant in connection with any such cure within thirty (30) days of Tenant's written demand therefor. If any Mortgagee shall have given prior notice to Tenant that it is the holder of a Mortgage on the Premises and such notice includes the address at which notices to such Mortgagee are to be sent or Tenant is a party with any such Mortgagee to a subordination and nondisturbance agreement that includes Mortgagee's address, Tenant agrees to give such Mortgagee notice simultaneously with any notice given to Landlord to correct any default of Landlord as hereinabove provided and agrees that such Mortgagee shall have the right, but not the obligation, to cure such default on behalf of Landlord. 25.

Appears in 1 contract

Samples: Lease Agreement (Intest Corp)

Liability of Landlord. The word “Landlord” in this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). and Tenant shall look solely to Landlord’s successor in successor-in-interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; , and if Landlord is in breach or default with respect to Landlord’s obligations under this Lease or otherwise, Tenant may offset its actual damages against any Rent obligations hereunder, but otherwise shall look solely to the equity of Landlord (which, for purposes hereof, shall include rents and proceeds (including sales proceeds and insurance proceeds) of any kind or nature derived from the Property or any part thereof) in the Property Premises for the satisfaction of Tenants claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Lease made without its written consent, or by payment by Tenant against Landlordof Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (First Chester County Corp)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period thirty (30) days following Tenant’s giving of notice. ; provided, however, if the default cannot be reasonably cured within thirty (30) days following Tenant’s giving of notice, Landlord shall be afforded additional reasonable time to cure the default if Landlord begins to cure the default within thirty (30) days following Landlord’s notice and continues diligently in good faith to completely cure the default.. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (CENNTRO ELECTRIC GROUP LTD)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had, had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, and/or rent paid in advance, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest, provided the successor in interest expressly assumes such liability). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period of time following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (TherapeuticsMD, Inc.)

Liability of Landlord. The word “Landlord” in this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, and as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord’s obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant’s claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Tenby Pharma Inc)

Liability of Landlord. The word “Landlord” Except with respect to the obligations of Landlord pursuant to the Environmental Agreement and Sections 7.6 and 9.1 hereof, Tenant shall be deemed to be in exclusive control and possession of the Premises during the Term as provided in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Restated Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed liable for any injury or damage to be in default any Property or to any Person occurring on or about any Property nor for any injury or damage to any property of Tenant, or of any other person, during the Term, unless caused by Landlord’s, the Leemilt’s Lessor’s, the Power Test Lessor’s, or the Gettymart Lessor’s wrongful acts and/or omissions or acts of negligence or a breach of Landlord’s obligations under this Restated Lease unless Tenant gives Landlord notice specifying either by Landlord, the default and Landlord fails to cure Leemilt’s Lessor, the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business Power Test Lessor, the Gettymart Lessor or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the their respective agents, employees, contractors, licensees or invitees. The provisions of this Restated Lease permitting Landlord to enter and inspect any Property are intended to allow Landlord to be informed as to whether Tenant is complying with the agreements, terms, covenants and conditions of this Restated Lease, and to the extent permitted by this Restated Lease, to perform such acts required by Landlord under this Restated Lease and of Tenant if Tenant shall fail to perform. Such provisions shall not be construed to impose upon Landlord any obligation, liability or duty to third parties, but nothing in this Restated Lease shall be construed to exculpate, relieve or Indemnify Landlord from or against any obligation, liability or duty of Landlord to third parties existing at or before the applicable Commencement Date or its obligations arising under Sections 7.6 or 9.1 hereof or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against LandlordEnvironmental Agreement.

Appears in 1 contract

Samples: Master Lease Agreement (Getty Realty Corp /Md/)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property Premises for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Deed of Lease (Elizabeth Arden Inc)

Liability of Landlord. The word “Landlord” Tenant, for and in consideration of this Lease includes and the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance demise of the said premises, hereby agrees and covenants and obligations of the with Landlord hereunder which subsequently accrue. that Landlord shall not be deemed liable for any damage to be persons or property arising from any cause whatsoever, which shall occur in default under this Lease unless any manner in or about the said premises, and Tenant gives hereby agrees to indemnify and save harm-less Landlord notice specifying from any and all claims and liability for damage to persons or property arising from any cause due to tenant or tenant's employees and business invitees intentional or negligent acts, which shall occur in any manner in or about the default said premises. Further, Tenant hereby agrees and covenants with Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event that Landlord shall Landlord not be liable to Tenant for any loss damage to the said demised premises, or to any part thereof, or to any property or effects therein or thereon, caused by leakage from the roof of business said premises or profits of Tenant by bursting, leakage, or for consequential, punitive or special damages overflowing of any kind. Neither waste pipes, water pipes, tanks, drains, or stationary washstands or by reason of any damage whatsoever caused by water from any source whatsoever, and Tenant hereby agrees and covenants to indemnify and save harmless Landlord nor from any principal of Landlord nor and all claims and liability for any owner of damage to the Propertysaid demised premises, whether disclosed or undisclosedto any part thereof, shall have or to any personal liability with respect to any property or effects of theTenant therein or thereon. Furthermore it is agreed that the provisions Landlord shall be liable for their own intentional acts and acts of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlordnegligence.

Appears in 1 contract

Samples: Profile Technologies Inc

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest)accrued. Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special exemplary damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; and if Tenant shall look recover a money judgment against Landlord, such judgment shall satisfied solely to out of the equity right, title and interest of Landlord in the Property Property, including, without implied limitation, all rents, insurance, condemnation or other proceeds in Landlord’s possession from and after the date of Landlord’s default under this Lease, for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (ArcLight Clean Transition Corp.)

Liability of Landlord. The word “Landlord” Notwithstanding anything in this Lease includes to the contrary, any remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, cause of action, obligation, contractual statutory or otherwise by Tenant against Landlord or the Landlord executing Parties concerning, arising out of or relating to any matter relating to this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for conditions or any loss of business obligations, contractual, statutory, or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this Lease or the Premises; Tenant shall look solely an amount which is equal to the equity lesser of (i) the interest of Landlord in and to the Project (including Landlord’s interest in any proceeds of insurance policies), and (ii) the interest Landlord would have in the Project if the Project were encumbered by third party debt in an amount equal to seventy-five percent (75%) of the then current value of the Property (as such value is reasonably determined by Landlord). No other property or assets of Landlord, or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord (“Representative”) shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant’s remedies under or with respect to this Lease, Landlord’s obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant’s use or occupancy of the Premises. Tenant further understands that any claim by liability, duty or obligation of Landlord to Tenant against which accrues from and after the date of transfer, shall automatically cease and terminate as of the date that Landlord or any of Landlord’s Representatives no longer have any right, title or interest in or to the Project. Notwithstanding any contrary provision herein, neither Landlord nor any Landlord Representative shall be liable under any circumstances for injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

Appears in 1 contract

Samples: Standard Office Lease (Nexsan Corp)

Liability of Landlord. The word “Landlord” in this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s Landlords successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlords obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenants claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessor)’ rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Agreement of Lease (Kenexa Corp)

Liability of Landlord. The word “Landlord” Notwithstanding anything in this Lease includes to the contrary, any remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord executing in the event of any default by Landlord hereunder or any claim, cause of action or obligation, contractual, statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any matter relating to this Lease as well as its successors and assignsall of the covenants and conditions or any obligations, each contractual, statutory, or otherwise set forth herein, shall be limited solely and exclusively to an amount which is equal to the lesser of which shall have (i) the same rightsinterest of Landlord in and to the Project, remedies, powers, authorities and privileges as it (ii) the interest Landlord would have had it originally signed in the Project if the Project were encumbered by third party debt in an amount equal to eighty percent (80%) of the then current value of the Project. No other property or assets of Landlord, or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord (the “Representative”) shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant’s remedies under or with respect to this Lease as Lease, Landlord. Any such person or entity’s obligations to Tenant, whether contractual, statutory or not named otherwise, the relationship of Landlord and Tenant hereunder, or Tenant’s use or occupancy of the Premises. Tenant further understands that any liability, duty or obligation of Landlord to Tenant, shall automatically cease and terminate as of the date that Landlord or any of Landlord’s Representatives no longer have any right, title or interest in or to the Project. Notwithstanding anything to the contrary in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default liable under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following any circumstances for injury or damage to, or interference with, Tenant’s notice. In no event shall Landlord be liable to Tenant for any business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of Tenant or for consequentialuse, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Propertyin each case, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlordhowever occurring.

Appears in 1 contract

Samples: Standard Office Lease (Allion Healthcare Inc)

Liability of Landlord. The word “obligations of the holder of Landlord” in this Lease includes ’s interest under the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, as amended by this Amendment, arising after any transfer shall have no liability under this Lease not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent Landlord) of its interest in the Building or the land upon which it ceases to hold title is erected, as the case may be, to the Premises extent such obligations accrue from and after the date of such sale, conveyance, assignment or transfer, Landlord’s interest under the Lease was assumed by such subsequent Landlord and in the event of any such sale, except for obligations already accrued (andto the extent that such liability results from Landlord’s fraudulent acts, as to any unapplied portion of Tenant’s Security Depositconveyance, assignment or transfer, Landlord shall thereafter be relieved and hereby is entirely freed of all liability upon transfer such obligations of such portion to its successor in interest)Landlord under the Lease, as amended by this Amendment. The members, partners, shareholders, directors, officers and principals, direct and indirect, of Landlord (collectively, the “Parties”) shall not be liable for the performance of Landlord’s obligations under the Lease, as amended by this Amendment. Tenant shall look solely to Landlord to enforce Landlord’s successor in interest for the performance of the covenants obligations and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for seek any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to against any of the provisions Parties. The liability of Landlord for Landlord’s obligations under the Lease, as amended by this Lease Amendment, shall be limited to Landlord’s interest in the Building and the Land upon which the Building is erected or proceeds thereof (including, without limitation, proceeds of a sale or refinancing of Landlord’s interest in the Real Property, casualty insurance proceeds, and condemnation awards), and Tenant shall not look to any other property or assets of Landlord or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction property or assets of any claim of the Parties in seeking either to enforce Landlord’s obligations under the Lease, as amended by Tenant against this Amendment, or to satisfy a judgment for Landlord’s failure to perform such obligations.

Appears in 1 contract

Samples: Of Lease (Rocket Fuel Inc.)

Liability of Landlord. The word “Landlord” "LANDLORD" in this Lease includes the Landlord executing this Lease as well as its transferees, successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord, provided that any such transferee, successor or assign has assumed Landlord's obligations and covenants under this Lease. . Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s 's notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Neoware Systems Inc)

Liability of Landlord. The word “Landlord” in this Lease includes obligations of Landlord under the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, as amended by this Amendment, shall have no liability under this Lease not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent Landlord) of its interest in the Building or the land upon which it ceases to hold title is erected, as the case may be, and in the event of any such sale, conveyance, assignment or transfer to the Premises except for obligations already accrued (and, as to extent assumed by any unapplied portion of Tenant’s Security Depositsuch subsequent Landlord, Landlord shall thereafter be relieved and hereby is entirely freed of all liability upon transfer covenants and obligations of such portion to its successor in interest)Landlord under the Lease, as amended by this Amendment. The members, partners, shareholders, directors, officers and principals, direct and indirect, of Landlord (collectively, the “Parties”) shall not be liable for the performance of Landlord’s obligations under the Lease, as amended by this Amendment. Tenant shall look solely to Landlord to enforce Landlord’s successor in interest for the performance of the covenants obligations and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for seek any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to against any of the provisions Parties. The liability of Landlord for Landlord’s obligations under the Lease, as amended by this Lease Amendment, shall be limited to Landlord’s interest in the Building and the Land upon which the Building is erected, and Tenant shall not look to any other property or assets of Landlord or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction property or assets of any claim of the Parties in seeking either to enforce Landlord’s obligations under the Lease, as amended by Tenant against this Amendment, or to satisfy a judgment for Landlord’s failure to perform such obligations.

Appears in 1 contract

Samples: Of Lease (Swank, Inc.)

Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the Landlord executing this Lease named above as well as [ILLEGIBLE] its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it [ILLEGIBLE] would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall [ILLEGIBLE] have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to [ILLEGIBLE] any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of [ILLEGIBLE] such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal [ILLEGIBLE] liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default [ILLEGIBLE] respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the [ILLEGIBLE] Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgage or ground [ILLEGIBLE] succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable any claim previous act or omission of a prior landlord. (b) subject to any rental offsets or defenses against a prior landlord, (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof [ILLEGIBLE] Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Agreement of Lease (Valley Forge Scientific Corp)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises Premises, except for obligations already accrued (whether known or unknown at the time such person or entity ceases to hold title to the Premises), and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kindTenant. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease 16 QB\129138.00037\24864053.9 or the Premises; . Tenant shall look solely to the equity interest of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Wageworks, Inc.)

Liability of Landlord. The word “Landlord” in 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease includes the shall be binding upon Landlord executing this Lease as well as and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases Tenant agrees to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s real property interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in interest this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of the covenants and Landlord’s obligations of under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord hereunder which subsequently accrue. Landlord Parties shall not be deemed to be in default liable under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s noticebusiness, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlorddamages.

Appears in 1 contract

Samples: Lease Agreement (Conatus Pharmaceuticals Inc)

Liability of Landlord. The word "Landlord" in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s 's written notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property Premises for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (electroCore, Inc.)

Liability of Landlord. (a) The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall transfer such portion to its successor in interest and thereafter Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s written notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property Premises (and the proceeds thereof) for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (INSMED Inc)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, in case Landlord shall be relieved a joint venture, partnership, tenancy-in-common association or other form of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for joint ownership) and the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages members of any kind. Neither Landlord nor any principal such joint venture, partnership, tenancy-in-common, association or other form of Landlord nor any owner of the Property, whether disclosed or undisclosed, joint ownership shall have any absolutely no personal liability with respect to any of the provisions provision of this Lease Lease, or the Premises; any obligation or liability arising therefrom or in connection therewith. Tenant shall look solely to the equity of Landlord the then owner of the Demised Premises in the Property Demised Premises (or if the interest of the Landlord is a leasehold interest, Tenant shall look solely to such leasehold interest) for the satisfaction of any remedies of Tenant in the event of a breach by the Landlord of any of its obligations. Such exculpation of liability shall be absolute and without any exception whatsoever. With respect to any provision of this Lease which provides, in effect, that Landlord shall not unreasonably withhold or unreasonably delay any consent or any approval, Tenant, in no event, shall be entitled to make, nor shall Tenant make, any claim for, and Tenant hereby waives any claim for money damages; nor shall Tenant claim any money damages by way of setoff, counterclaim or defense, based upon any claim or assertion by Tenant against Landlordthat Landlord has unreasonably withheld or unreasonably delayed any consent or approval; but Tenant's sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance, injunction or declaratory judgment. All property (whether real, personal or mixed) at any time located in or upon the Demised Premises shall be at the risk of the Tenant only, and Landlord shall not become liable for any damage to said property or to Tenant, or to any other person or property, caused by water leakage, steam, sewerage, gas or odors or for any damage whatsoever done or occasioned by or from any boiler, plumbing, gas, water, steam or other pipes, or any fixtures or equipment or appurtenances whatsoever, or for any damage arising from any act or neglect or arising by reason of the use of, or any defect in, the Demised Premises or any of the fixtures, equipment or appurtenances therein contained, or by the act or neglect of any other person or caused in any other manner whatsoever.

Appears in 1 contract

Samples: Lease (American Drug Co)

Liability of Landlord. The word “Landlord” in this Lease includes obligations of Landlord under the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, as amended by this Amendment, shall have no liability under this Lease not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent Landlord) of its interest in the Building or the land upon which it ceases to hold title to the Premises except for obligations already accrued (andis erected, as to the case may be, and in the event of any unapplied portion of Tenant’s Security Depositsuch sale, conveyance, assignment or transfer, Landlord shall thereafter be relieved and hereby is entirely freed of all liability upon transfer covenants and obligations of such portion to its successor in interest)Landlord under the Lease, as amended by this Amendment. The members, partners, shareholders, directors, officers and principals, direct and indirect, of Landlord (collectively, the “Parties”) shall not be liable for the performance of Landlord’s obligations under the Lease, as amended by this Amendment. Tenant shall look solely to Landlord to enforce Landlord’s successor in interest for the performance of the covenants obligations and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for seek any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to against any of the provisions Parties. The liability of Landlord for Landlord’s obligations under the Lease, as amended by this Lease Amendment, shall be limited to Landlord’s interest in the Building and the Land upon which the Building is erected, and Tenant shall not look to any other property or assets of Landlord or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction property or assets of any claim of the Parties in seeking either to enforce Landlord’s obligations under the Lease, as amended by Tenant against this Amendment, or to satisfy a judgment for Landlord’s failure to perform such obligations.

Appears in 1 contract

Samples: Of Lease (UiPath, Inc.)

Liability of Landlord. The word “Landlord” Notwithstanding anything in this Lease includes to the contrary, any remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord executing in the event of any default by Landlord hereunder or any claim, cause of action, obligation, contractual statutory or otherwise by Tenant against Landlord concerning, arising out of or relating to any matter relating to this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for conditions or any loss of business obligations, contractual, statutory, or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosedotherwise set forth herein, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look be limited solely and exclusively to the equity interest of Landlord in and to the Property Project, including, but not limited to, all rental income, net sales, condemnation awards and any insurance proceeds which Landlord receives which are not used to repair or rebuild the Project. No other property or assets of Landlord, or any member, officer, director, shareholder, partner, trustee, agent, servant or employee of Landlord (“Representative”) shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant’s remedies under or with respect to this Lease, Landlord’s obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant’s use or occupancy of the Premises. Notwithstanding any claim by contrary provision herein, neither Landlord nor any Landlord Representative nor Tenant against shall be liable under any circumstances for injury or damage to, or interference with, Tenant’s or Landlord’s business, as applicable, including but not limited to, loss of profits, loss of revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring (provided that in no event shall such limitation of liability limit any of Landlord’s remedies under Article 20(a) above).

Appears in 1 contract

Samples: Standard Office Lease (Capitalsource Inc)

Liability of Landlord. The word “Landlord” in 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease includes the shall be binding upon Landlord executing this Lease as well as and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases Tenant agrees to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. For purposes hereof, "the interest of Landlord in interest the Project" shall include rents due from tenants, proceeds from any sale of the Project, insurance proceeds, and proceeds from condemnation or eminent domain proceedings (prior to the distribution of same to any partner or shareholder of Landlord or any other third party). The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord's and the Landlord Parties' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of the covenants and Landlord's obligations of under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord hereunder which subsequently accrue. Landlord Parties nor Tenant shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, the other party's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of Tenant or for consequentialuse, punitive or special damages in each case, however occurring except, in the case of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyTenant, whether disclosed or undisclosed, shall have any personal liability with respect to Tenant's liability under Article 31 or Article 33; provided that Tenant hereby acknowledges and agrees that the foregoing shall not prevent Landlord from recovering any and all damages to which Landlord is entitled pursuant to California Civil Code Sections 1951.2 (except for Section 1951.2(a)(4) , but only to the extent Section 1951.2(a)(4) allows recovery of damages other than direct out-of-pocket costs to repair the provisions of this Lease or Premises and lease the Premises; Tenant shall look solely to the equity ) and 1951.4 following an Event of Landlord in the Property for the satisfaction of any claim Default by Tenant against Landlordhereunder.

Appears in 1 contract

Samples: Lease Agreement (Penumbra Inc)

Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord s obligations under this lease or otherwise, Tenant shall look took solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Tricord Systems Inc /De/)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the nature of the default and Landlord fails to cure the default within a reasonable period 30 days following Tenant’s notice, provided, however, if the default cannot reasonably be cured within 30 days following Tenant’s notice, Landlord shall be afforded additional reasonable time to cure the default but only if Landlord begins to cure the default within 30 days following Tenant’s notice and continues diligently in good faith to completely cure the default. In no event Notwithstanding the foregoing, Landlord shall Landlord be liable act immediately to Tenant for cure any loss default on its part that results in any emergency or constitutes a threat of business imminent damage or profits of Tenant injury to persons or for consequential, punitive or special damages of any kindproperty. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property Premises and any insurance proceeds or condemnation awards or payments in lieu thereof with respect to the Premises for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Office and Industrial Lease Agreement (WuXi PharmaTech (Cayman) Inc.)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, if applicable, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Anything in this Lease to the contrary notwithstanding, covenants, undertakings and agreements herein made on the part of Landlord are made and intended not as personal covenants, undertakings and agreements or for the purpose of binding Landlord personally or the assets of Landlord, except Landlord’s interest in the Property, but are made and intended for the purpose of binding only Landlord’s interest in the Property, as the same may from time to time be encumbered. Neither Landlord nor any principal of Landlord nor any owner of the Property, nor any of their respective partners, officers, employees, heirs, legal representatives, successors, and assigns, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Form Lease Agreement (Histogenics Corp)

Liability of Landlord. The word “Landlord” in this Lease includes To the Landlord executing this Lease as well as its successors fullest extent permitted by applicable Law, during the Term: (a) Tenant is and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives exclusive control and possession of the Premises; and (b) none of Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event or any of its Affiliates shall Landlord be liable to Tenant for any loss of business injury or profits damage to (i) any property of Tenant or for consequentialany other Person occurring on or about the Premises, punitive or special damages (ii) any Person occurring on or about the Premises, unless caused by Landlord's willful misconduct, gross negligence or breach of this Lease; provided, however, that notwithstanding whether the injury or damage is caused by any act or failure to act of any kind. Neither Landlord Indemnitee, neither Landlord, nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, Indemnitee shall have any personal liability with respect to for any injury or damage for which Xxxxxx would have been reimbursed under policies of insurance required by the provisions terms of this Lease to be maintained by Tenant (I) had Tenant not failed to procure or maintain such policies of insurance or (II) has Tenant not failed to procure or maintain such policies of insurance with at least the Premises; Tenant shall look limits herein specified. Xxxxxxxx's right to enter and inspect the Premises is intended solely to allow Landlord to ascertain whether Tenant is complying with this Lease and (to the equity extent this Lease allows) to cure any Default. Such provisions shall not impose upon Landlord any liability to third parties, but nothing in this Lease shall be construed to exculpate, relieve, or Indemnify Landlord from or against any liability of Landlord in Landlord: (y) to third parties existing at or before the Property for the satisfaction of any claim by Tenant against Commencement Date; or (z) arising from Landlord's intentional acts or omissions or negligence.

Appears in 1 contract

Samples: Lease

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued accrued, (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenaxx'x xlaims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Aht Corp

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Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). interest provided that Landlord or such transferee provides Tenant with written notice of such transfer) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim by Tenant previous act or omission of a prior landlord, or (b) subject to any rental offsets or defenses against Landlorda prior landlord.

Appears in 1 contract

Samples: Lease Agreement (Marlin Business Services Corp)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be , provided that Landlord's successor in default interest has assumed Landlord's obligations under this Lease unless Tenant gives Landlord notice specifying from the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss date of business or profits of Tenant or for consequential, punitive or special damages of any kindsuccession. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property Premises, the net proceeds from any sale of the Premises by Landlord, the insurance proceeds from any casualty at the Premises, and the proceeds from any condemnation of the Premises for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Auxilium Pharmaceuticals Inc)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the --------------------- Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s Landlords successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlords obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Agreement of Lease (Ravisent Technologies Inc)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the default and Landlord fails to cure such default within thirty (30) days following Tenant’s written notice; provided, however, if such default cannot reasonably be cured within thirty (30) days following Tenant’s giving of notice, Landlord shall be afforded additional reasonable time to cure the default if Landlord begins to cure the default within a reasonable period thirty (30) days following Tenant’s notice and continues diligently in good faith to completely cure the default. In addition, should Landlord fail or refuse to make any required repairs which are Landlord’s responsibility hereunder within thirty (30) days after Landlord’s receipt of written notice from Tenant (provided, however, if such required repairs cannot be reasonably made within thirty (30) days following Tenant’s giving of notice, Landlord shall be afforded additional reasonable time to make such required repairs, provided that Landlord commences to make such required repairs within such thirty (30) day period and actively and diligently in good faith prosecutes such required repairs to completion), then Tenant may deliver written notice thereof to Landlord (“Reminder Notice”). The Reminder Notice must specifically describe the action that is required of Landlord to satisfy the requirements of this Lease with respect to the Premises and specify that Tenant may exercise the rights granted under this Section 24 if Landlord fails to cure or commence to cure the specified items within five (5) days after receipt of the Reminder Notice. Notwithstanding the foregoing, if Landlord’s failure or refusal to make any required repairs to the Premises results in an imminent material threat to persons or property, Tenant’s initial notice shall so state and shall specify that Tenant may exercise the rights granted under this Section 24 if Landlord fails to timely cure or commence to cure the specified items (an “Imminent Threat Notice”). If reasonable under the circumstances, Tenant may provide an Imminent Threat Notice by telephone. If (a) Landlord fails to take or commence to take (and diligently pursue to completion) the required action within five (5) days after receiving a Reminder Notice, or within such time as is reasonable given the totality of the circumstances after an Imminent Threat Notice, and (b) Tenant in good faith believes that it can perform such obligations, then Tenant may, subject to the terms of this Section 24, make such repairs to the Premises (but solely on its own behalf, and not as the agent of Landlord). Tenant may not take any such self-help action that materially and adversely alters or modifies the Building structure (other than roof repairs to stop leakage) or Building Systems. Landlord shall reimburse Tenant for Tenant’s reasonable, third-party, out-of-pocket costs and expenses in taking any self-help action permitted hereunder (“Cure Costs”) within thirty (30) days after receiving an invoice from Tenant setting forth a reasonably particularized breakdown of the Cure Costs. If Landlord fails to reimburse Tenant for the Cure Costs within such thirty (30) day period, then, notwithstanding anything to the contrary contained in this Lease, Tenant may offset (on a dollar-for-dollar basis) the Cure Costs against the next installment(s) of Minimum Annual Rent until reimbursed in full; provided, however that the maximum monthly offset shall not exceed fifty percent (50%) of the monthly installment of Minimum Annual Rent then payable hereunder. All repairs made by Tenant pursuant to this Section 24 shall comply with the Lease Requirements. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the amount of the equity of Landlord in the Property Premises and all proceeds derived therefrom for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (QuantumScape Corp)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Tenants Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Sunset Financial Resources Inc)

Liability of Landlord. The word "Landlord" in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the nature of the default and Landlord fails to cure the default within thirty (30) days following receipt of Tenant's written notice, provided, however, if the default cannot reasonably be cured within thirty (30) days following Tenant's notice, Landlord shall be afforded additional reasonable time to cure the default but only if Landlord begins to cure the default within thirty (30) days following Tenant's notice and continues diligently in good faith to completely cure the default as promptly as reasonably practicable. If Landlord does not cure a default within the prescribed period, Tenant shall be entitled to cure the default on Landlord’s behalf, and Landlord shall thereafter reimburse Tenant for Tenant’s reasonable period out of pocket costs incurred in curing such default. Such reimbursement shall be paid by Landlord to Tenant within thirty (30) days following Tenant’s noticedelivery to Landlord of a written request therefor accompanied by invoices and other documentation reasonably required by Landlord evidencing such out of pocket costs. Tenant shall not be entitled to set off any amounts owed by Landlord against Rent due hereunder. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property (and the profits and proceeds resulting from any sale of the Premises or any insurance proceeds or condemnation awards or payments in lieu thereof resulting from casualty or condemnation of the Property) for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Tasty Baking Co)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Property, the Building or the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, if applicable, Landlord shall be relieved of all liability upon transfer of such portion to its successor successors in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Anything in this Lease to the contrary notwithstanding, covenants, undertakings and agreements herein made on the part of Landlord are made and intended not as personal covenants, undertakings and agreements or for the purpose of binding Landlord personally or the assets of Landlord, except Landlord’s interest in the Property, but are made and intended for the purpose of binding only Landlord’s interest in the Property, as the same may from time to time be encumbered. Neither Landlord nor any principal of Landlord nor any owner of the Property, nor any of their respective partners, officers, employees, heirs, legal representatives, successors, and assigns, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ocugen, Inc.)

Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any No such person or entity, whether or not named in this Lease, shall Landlord will have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this Lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this Lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Plato Learning Inc)

Liability of Landlord. The word “If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord's part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Development and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Development, subject, nevertheless, to the rights of Landlord's mortgage, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease includes the as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as well as its successors Trustee under an express trust, and assignsit is expressly understood and agreed by and between the parties hereto, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title anything herein to the Premises except for obligations already accrued (andcontrary notwithstanding, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of that each and all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants representations, covenants, undertakings and obligations agreements herein made on the part of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed while in form purporting (except as herein otherwise expressed) to be in default under the representations, covenants, undertakings, and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease unless Tenant gives is executed and delivered by said Landlord notice specifying not in its own right, but solely in the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner exercise of the Propertypowers conferred upon it as such Trustee; that no duty shall rest upon Landlord to sequester the trust estate or the rents, whether disclosed issues and profits arising therefrom, or undisclosed, shall have the proceeds arising from any sale or other disposition thereof; and that no personal liability with respect to or personal responsibility is assumed by nor shall at any time be asserted or enforceable against Trustee, or any successor trustee, or any of the provisions beneficiaries under said trust, on account of this Lease or on account of any representation, covenant, undertaking or agreement of the Premises; Tenant shall look solely to the equity of said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by the Property for the satisfaction of any claim Tenant herein and by Tenant against Landlordall persons claiming by, through or under said Tenant.

Appears in 1 contract

Samples: Construction Agreement (Hart Industries Inc)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. No mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets, except as provided herein or (c) bound by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Dendrite International Inc

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to LandlordXxxxxxxx’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently (i.e., after the date of any transfer of Xxxxxxxx’s interest in this Lease) accrue, provided that Xxxxxxxx’s successor has agreed in writing to assume the obligations of Landlord hereunder from and after the date of such transfer. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s written notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property Building for the satisfaction of any claim by Tenant against LandlordLandlord (which shall be deemed to include the rental income at the Building, the proceeds of any sale of all or any portion of the Building by Landlord as well as any insurance or condemnation proceeds).

Appears in 1 contract

Samples: Lease Agreement (Penumbra Inc)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities authorities, and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor successor(s) in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s such notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive punitive, or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Adamas One Corp.)

Liability of Landlord. The word “Landlord” Notwithstanding anything in this Lease includes to the contrary, any remedy of Tenant for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder or any claim, cause of action or obligation, contractual, statutory or otherwise by Tenant against Landlord or the Landlord executing Parties concerning, arising out of or relating to any matter relating to this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for conditions or any loss of business obligations, contractual, statutory, or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosedotherwise set forth herein, shall have any personal liability with respect be limited solely and exclusively to any of the provisions of this Lease or the Premises; Tenant shall look solely an amount which is equal to the equity lesser of (i) the interest of Landlord in and to the Property Project, and (ii) the interest Landlord would have in the Project if the Project were encumbered by third party debt in an amount equal to ninety percent (90%) of the then current value of the Project. No other property or assets of Landlord or any Landlord Party shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, Landlord's obligations to Tenant, whether contractual, statutory or otherwise, the relationship of Landlord and Tenant hereunder, or Tenant's use or occupancy of the Premises. Tenant further understands that any claim by liability, duty or obligation of Landlord to Tenant against which accrues from and after the date of transfer, shall automatically cease and terminate as of the date that Landlord or any of Landlord’s Representatives no longer have any right, title or interest in or to the Project. Notwithstanding any contrary provision herein, neither Landlord nor any Landlord Representative shall be liable under any circumstances for injury or damage to, or interference with, Tenant's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.

Appears in 1 contract

Samples: MFC Development Corp

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrueaccrue and for the curing of defaults by Landlord which are continuing at the time such successor in interest succeeds to Landlord’s interest under this Lease. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord. Nothing in this paragraph shall be construed to preclude Tenant from obtaining equitable relief against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Novavax Inc)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord unless specifically provided for in this lease or unless (and only to the extent that) the default giving rise to the defense or offset is continuing, or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Mgi Pharma Inc)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and (subject to Section 18(d) above) assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord written notice specifying the nature of the default and Landlord fails to cure the default within thirty (30) days following receipt of Tenant's written notice, provided, however, if the default cannot reasonably be cured within thirty (30) days following Tenant's notice, Landlord shall be afforded additional reasonable time to cure the default but only if Landlord begins to cure the default within thirty (30) days following Tenant's notice and continues diligently in good faith to completely cure the default as promptly as reasonably practicable. If Landlord does not cure a default within the prescribed period, Tenant shall be entitled to cure the default on Landlord’s behalf, and Landlord shall thereafter reimburse Tenant for Tenant’s reasonable period out of pocket costs incurred in curing such default. Such reimbursement shall be paid by Landlord to Tenant within thirty (30) days following Tenant’s noticedelivery to Landlord of a written request therefor accompanied by invoices and other documentation reasonably required by Landlord evidencing such out of pocket costs. Tenant shall not be entitled to set off any amounts owed by Landlord against Rent due hereunder. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property Premises (and the profits and proceeds resulting from any sale of the Premises) and any insurance proceeds or condemnation awards or payments in lieu thereof with respect to the Premises for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Tasty Baking Co)

Liability of Landlord. The word “Landlord” in this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of any security deposit from Tenant’s Security Deposit), Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; , and if Landlord is to breach or default with respect to Landlord’s obligations under this Lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against LandlordTenant’s claims.

Appears in 1 contract

Samples: Lease Agreement

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had if it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Lease, herein shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. No mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets, except as provided herein or (c) bound by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Dendrite International Inc

Liability of Landlord. The word “Landlord” in 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease includes the shall be binding upon Landlord executing this Lease as well as and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, each Xxxxxx agrees to look solely to Xxxxxxxx's interest in the Project for recovery of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall have no liability under this Lease after it ceases to hold title ever be personally liable for any such judgment. For purposes hereof, “the interest of Landlord in the Project” shall include rents due from tenants, proceeds from any sale of the Project, insurance proceeds, and proceeds from condemnation or eminent domain proceedings (prior to the Premises except for obligations already accrued (and, as distribution of same to any unapplied portion partner or shareholder of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interestor any other third party). Tenant The limitations of liability contained in this Section 29.1 shall look solely inure to the benefit of Landlord’s successor in interest 's and the Landlord Parties' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of the covenants and Xxxxxxxx's obligations of under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord hereunder which subsequently accrue. Landlord Parties nor Tenant shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, the other party's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of Tenant or for consequentialuse, punitive or special damages in each case, however occurring except, in the case of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyTenant, whether disclosed or undisclosed, shall have any personal liability with respect to Tenant's liability under Article 31 or Article 33; provided that Tenant hereby acknowledges and agrees that the foregoing shall not prevent Landlord from recovering any and all damages to which Landlord is entitled pursuant to California Civil Code Sections 1951.2 (except for Section 1951.2(a)(4) , but only to the extent Section 1951.2(a)(4) allows recovery of damages other than direct out-of-pocket costs to repair the provisions of this Lease or Premises and lease the Premises; Tenant shall look solely to the equity ) and 1951.4 following an Event of Landlord in the Property for the satisfaction of any claim Default by Tenant against Landlordhereunder.

Appears in 1 contract

Samples: Lease Agreement (Penumbra Inc)

Liability of Landlord. The word “To the extent permitted by law Landlord, and in this Lease includes the case Landlord executing this Lease as well as its successors and assignsor Landlord’s beneficiary shall be a joint venture, each partnership, tenancy-in-common, pension fund, association or other form of which shall have the same rightsjoint ownership, remediesall members of any such joint venture, powerspension fund, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person partnership, tenancy-in-common, association or entity, whether or not named in this Leaseother form of joint ownership, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions provision of this Lease or any obligation or liability arising from this Lease or in connection with this Lease in the Premises; event of a breach or default by Landlord of any of its obligations. Tenant shall look solely to the equity of the owner of the Building at the time of the breach or default (or if the interest of the Landlord in the Property is a leasehold interest at that time, Tenant shall look solely to such leasehold interest) for the satisfaction of any claim remedies of Tenant. In the event of the transfer and assignment by Landlord of its interest in this lease and in the building containing the Premises (other than an assignment to a lender having a first lien mortgage covering the Building containing the Premises), if such successor in interest of Landlord acknowledges to Tenant acceptance of the Landlord’s and Guarantor’s obligations hereunder, Landlord shall thereby be released from any further obligations hereunder, and Tenant agrees to look solely to such successor in interest of the Landlord for performance of such obligations. Any security given by Tenant against Landlordto secure performance of Tenant’s obligations hereunder shall be assigned and transferred by Landlord to such successor in interest, with reasonable notice to Tenant, and Landlord shall thereby be discharged of any further obligations relating thereto.

Appears in 1 contract

Samples: Lease Agreement (Insys Therapeutics, Inc.)

Liability of Landlord. (a) The word “Landlord” in this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the obligations and liabilities and each of which have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the PropertyPremises, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; , and if Landlord is in breach or default with respect to Landlord’s obligations under this Lease or otherwise (except with respect to Landlord’s obligations under Section 28), Tenant shall look solely to the equity of Landlord in the Property Premises and any proceeds of liability insurance maintained by Landlord pursuant to Section 7(c)(ii), for the satisfaction of Tenant’s claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord, or (c) liable for payment by Tenant against Landlordof Minimum Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Realogy Corp)

Liability of Landlord. The word “If Landlord shall fail to perform any covenant, tern or condition of this Lease upon Landlord's part to be performed, and if as a consequence of such default Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of net income from such property received by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Shopping Center, subject, nevertheless, to the rights of Landlord's mortgagee, and neither Landlord, nor the individuals or entities which constitute the partners of the partnership which is Landlord, nor the individuals or entities which constitute the partners of the partnership which is the beneficiary of the Trust of which Landlord is Trustee (if applicable), shall be liable for any deficiency. If Landlord is identified in this Lease includes the as a Trustee, Tenant hereby recognizes that Landlord is executing this Lease as well as its successors Trustee under an express trust, and assignsit is expressly understood and agreed by and between the parties hereto, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title anything herein to the Premises except for obligations already accrued (andcontrary notwithstanding, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of that each and all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants representations, covenants, undertakings and obligations agreements herein made on the part of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed while in form purporting (except as herein otherwise expressed) to be in default under the representations, covenants, undertakings, and agreements of the Landlord are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Landlord or for the purpose or with the intention of binding said Landlord personally but are made and intended for the purpose of binding only that portion of the trust property specifically leased hereunder, and this Lease unless Tenant gives is executed and delivered by said Landlord notice specifying not in its own right, but solely in the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner exercise of the Propertypowers conferred upon it as such Trustee; that no duty shall rest upon Landlord to sequester the trust estate or the rents, whether disclosed issues and profits arising therefrom, or undisclosed, shall have the proceeds arising from any sale or other disposition thereof; and that no personal liability with respect to or personal responsibility is assumed by nor shall at any time be asserted or enforceable against Trustee, or any successor trustee or any of the provisions beneficiaries under said trust, on account of this Lease or on account of any representation, covenant, undertaking or agreement of the Premises; Tenant shall look solely to the equity of said Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by the Property for the satisfaction of any claim Tenant herein and by Tenant against Landlordall persons claiming by, through or under said Tenant.

Appears in 1 contract

Samples: Silver Diner Inc /De/

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Sourcefire Inc)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Landlord Any such person or entity, . whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s Landlords successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Termination Agreement (Open Plan Systems Inc)

Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Landlord Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to 10 Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise. Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (NationsHealth, Inc.)

Liability of Landlord. The word “Landlord” in 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease includes the shall be binding upon Landlord executing this Lease as well as and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases Tenant agrees to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s 's interest in the Project (and any cash and other personal property assets of Landlord, including rents and insurance proceeds then held by Landlord) for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. The limitations of liability contained in interest this Section 29.1 shall inure to the benefit of Landlord's and the Landlord Parties' present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any liability for the performance of the covenants and Landlord's obligations of under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord hereunder which subsequently accrue. Landlord Parties shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of Tenant or for consequentialuse, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Propertyin each case, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlordhowever occurring.

Appears in 1 contract

Samples: Lease Agreement (Everbridge, Inc.)

Liability of Landlord. The word “Landlord” in this Lease includes obligations of Landlord under the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, as amended by this Amendment, shall have no liability under this Lease not be binding upon the Person (as hereinafter defined) that constitutes Landlord initially after it ceases to hold title the sale, conveyance, assignment or transfer by such Person of its interest in the Building or the building project, as the case may be (or upon any other Person that constitutes Landlord after the sale, conveyance, assignment or transfer by such Person of its interest in the Building or the building project, as the case may be), to the Premises except extent such obligations accrue from and after the date of such sale, conveyance, assignment or transfer. The Landlord Parties (as such term is defined in Article 21 of the Lease) other than Landlord shall not be liable for the performance of Landlord's obligations already accrued (andunder the Lease, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest)amended by this Amendment. Tenant shall look solely to Landlord to enforce Landlord’s successor in interest for 's obligations under the performance of the covenants Lease, as amended by this Amendment, and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for seek any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to against any of the provisions other Landlord Parties. The liability of Landlord for Landlord's obligations under the Lease, as amended by this Lease or Amendment, shall be limited to Landlord's interest in the Premises; building project and the proceeds thereof. Tenant shall not look solely to the equity any property or assets of Landlord (other than Landlord’s interest in the Property building project and the proceeds thereof) in seeking either to enforce Landlord's obligations under the Lease, as amended hereby, or to satisfy a judgment for the satisfaction of any claim by Tenant against Landlord's failure to perform such obligations.

Appears in 1 contract

Samples: Lease (Helios & Matheson Analytics Inc.)

Liability of Landlord. The word “Landlord” in 29.1 It is expressly understood and agreed that the obligations of Landlord under this Lease includes the shall be binding upon Landlord executing this Lease as well as and its successors and assignsassigns and any future owner of the Project only with respect to events occurring during its and their respective ownership of the Project. In addition, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases Tenant agrees to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to Landlord’s interest in the Project for recovery of any judgment against Landlord arising in connection with this Lease, it being agreed that neither Landlord nor any successor or assign of Landlord nor any future owner of the Project, nor any partner, shareholder, member, or officer of any of the foregoing shall ever be personally liable for any such judgment. For purposes hereof, “the interest of Landlord in interest the Building” shall include rents due from tenants, proceeds from any sale of the Project, insurance proceeds, and proceeds from condemnation or eminent domain proceedings (prior to the distribution of same to any member, partner or shareholder of Landlord or any other third party). The limitations of liability contained in this Section 29.1 shall inure to the benefit of Landlord’s and the Landlord Parties’ present and future partners, beneficiaries, officers, directors, trustees, shareholders, agents and employees, and their respective partners, heirs, successors and assigns. Under no circumstances shall any present or future partner of Landlord (if Landlord is a partnership), or trustee or beneficiary (if Landlord or any partner of Landlord is a trust), have any personal liability for the performance of the covenants and Landlord’s obligations of under this Lease. Notwithstanding any contrary provision herein, neither Landlord nor the Landlord hereunder which subsequently accrue. Landlord Parties shall not be deemed to be in default liable under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s notice. In no event shall Landlord be liable to Tenant for any business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or profits loss of Tenant or for consequentialuse, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Propertyin each case, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of any claim by Tenant against Landlordhowever occurring.

Appears in 1 contract

Samples: Lease Agreement (Talis Biomedical Corp)

Liability of Landlord. The word “Landlord” in this Lease includes the Landlord executing this Lease as well as its successors and assigns, each of which shall have the same obligations, rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Lease, shall have no liability under this Lease after it ceases to hold title to the Premises except for obligations already accrued accrued, provided such successor assumes Landlord’s obligations under this Lease after the date of transfer of title (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be he relieved of all liability upon transfer of such portion to its successor in interest). Tenant shall look solely to LandlordLxxxxxxx’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; Tenant shall Premises and Txxxxx agrees to look solely to Landlord’s insurance and equity in and proceeds from the equity of Landlord in real and personal property associated with the Property for the satisfaction of any claim by Tenant may have against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Savara Inc)

Liability of Landlord. The word "Landlord” in this Lease " as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall I look solely to Landlord’s Landlords successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this lease or otherwise, Tenant shall look solely to the equity of Landlord in the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord, (b) subject to any rental offsets or defenses against a prior landlord or (c) bound by any amendment of this lease made without its written consent, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Ects a Scenic Technology Co Inc)

Liability of Landlord. The word “Landlord” in this Lease "LANDLORD" as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s 's Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s 's successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord (from and after the Commencement Date) nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; , and if Landlord is in breach or default with respect to Landlord's obligations under this Lease or otherwise (other than defaults occurring prior to the Commencement Date and relating to Landlord's construction and completion obligations hereunder), Tenant shall look solely to the equity of Landlord in the Property and to any rents, income or proceeds from the Property for the satisfaction of Tenant's claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord (but shall be subject to any rental offsets relating to acts or omissions of a prior landlord) or (b) bound by any amendment of this Lease made without its written consent and made after Tenant shall have been notified of the existence of such mortgage or ground lease, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Ontrack Data International Inc)

Liability of Landlord. The word “LandlordLANDLORDin this Lease as used herein includes the Landlord executing this Lease named above as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Any such person or entity, whether or not named in this Leaseherein, shall have no liability under this Lease hereunder after it ceases to hold title to the Premises except for obligations already accrued (and, as to any unapplied portion of Tenant’s Security Deposit, Landlord shall be relieved of all liability therefor upon transfer of such portion to its successor in interest). ) and Tenant shall look solely to Landlord’s successor in interest for the performance of the covenants and obligations of the Landlord hereunder which subsequently thereafter shall accrue. Landlord shall not be deemed to be in default under this Lease unless Tenant gives Landlord notice specifying the default and Landlord fails to cure the default within a reasonable period following Tenant’s notice. In no event shall Landlord be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive or special damages of any kind. Neither Landlord (from and after the Commencement Date) nor any principal of Landlord nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Premises; , and if Landlord is in breach or default with respect to Landlord’s obligations under this Lease or otherwise (other than defaults occurring prior to the Commencement Date and relating to Landlord’s construction and completion obligations hereunder), Tenant shall look solely to the equity of Landlord in the Property and to any rents, income or proceeds from the Property for the satisfaction of Tenant’s claims. Notwithstanding the foregoing, no mortgagee or ground lessor succeeding to the interest of Landlord hereunder (either in terms of ownership or possessory rights) shall be (a) liable for any claim previous act or omission of a prior landlord (but shall be subject to any rental offsets relating to acts or omissions of a prior landlord) or (b) bound by any amendment of this Lease made without its written consent and made after Tenant shall have been notified of the existence of such mortgage or ground lease, or by payment by Tenant against Landlordof Minimum Annual Rent in advance in excess of one monthly installment.

Appears in 1 contract

Samples: Lease Agreement (Kroll Inc)

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