Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited to Landlord’s interest in the Shopping Center and any judgments rendered against Landlord shall be satisfied solely out of its interest in the Shopping Center. No personal judgment shall lie against Landlord upon extinguishment of its rights in the Shopping Center and any judgment so rendered shall not give rise to any right of execution or levy against Landlord’s assets. The provisions hereof shall inure to Landlord’s successors and assigns including any mortgagee of Landlord. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord’s obligations under the Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant’s rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under the Lease. If Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord’s consent or approval, Xxxxxx’s sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claim for any money damages in any action or by way of set off, defense or counterclaim, and Tenant hereby specifically waives the right to any money damages or other remedies.
Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of Landlord under this lease shall be limited to their interest in the demised Premises and any judgment rendered against Landlord shall be satisfied solely out of the proceeds of sale of their interest in such building and property. No personal judgment shall lie against Landlord upon extinguishment of their rights in the said Premises and any judgment so rendered shall not give rise to any right of execution or levy against Landlord’s remaining assets. The provisions hereof shall inure to Landlord’s successors and assigns including any mortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord’s obligations under this lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant’s rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under this lease.
Limitation on Right of Recovery Against Landlord. No shareholder, member, trustee, partner, director, officer, employee, representative or agent of Landlord shall be personally liable in respect of any covenant, condition or provision of this Lease. If Landlord breaches or defaults in any of its obligations in this Lease, Tenant shall look solely to the equity of the Landlord in the Building (and any rents, profits and proceeds therefrom) for satisfaction of Tenant’s remedies.
Limitation on Right of Recovery Against Landlord. It is specifically understood and agreed that there shall be no personal liability of Landlord (or any agent, employee, director, officer, member or stockholder of Landlord, or any person holding any interest whatsoever in Landlord) in respect to any of the covenants, conditions or provisions of this Lease. In the event of a breach or default by Landlord of any of its obligations under this Lease, Tenant shall look solely to the equity of the Landlord in the Property for the satisfaction of Tenant's remedies. Landlord shall in no event be in default in the performance of Landlord's obligations hereunder unless and until Landlord shall have failed to perform such obligations within thirty (30) days, or such additional time as is reasonably required to correct any such default, after notice by Tenant to Landlord properly specifying wherein Landlord has failed to perform any such obligation. In no event shall Landlord ever be liable to Tenant for any indirect or consequential damages by reason of Landlord's breach or default of the terms of this Lease.
Limitation on Right of Recovery Against Landlord. No director, officer, employee, representative or agent of Landlord shall be personally liable in respect of any covenant, condition or provision of this Lease nor shall Landlord be liable to Tenant for any consequential damages, indirect losses, loss of value, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Leased Premises suffered by Tenant. If Landlord breaches or defaults in any of its obligations in this Lease, Tenant shall look solely to the equity of the Landlord in the Leased Premises for satisfaction of Tenant’s remedies.
Limitation on Right of Recovery Against Landlord. It is specifically understood and agreed that none of the Landlord Related Parties shall be personally liable for any of the covenants, conditions or provisions of this Lease. In the event of a breach or default by Landlord of any of its obligations under this Lease, Tenant shall look solely to the equity of the Landlord in the Shopping Center for the satisfaction of Tenant's remedies. The limitations on Tenant's right of recovery against the Landlord Related Parties set forth in this Section 17.5 shall survive the expiration of the Term of this Lease (whether by lapse of time or otherwise).
Limitation on Right of Recovery Against Landlord. It is specifically agreed that Landlord shall not be personally liable for any of the covenants, conditions or provisions of this Lease. In the event of a breach or default by Landlord under any of its obligations under this Lease, Tenant shall look solely to the equity of the Landlord in the Leased Premises for the satisfaction of Tenant's remedies. The limitations on Tenant's right of recovery against the Landlord set forth in this Section 29 shall survive the expiration of the Term of this Lease (whether by lapse of time or otherwise).
Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited to the value of its equity interest in the Building. No personal judgment shall lie against Landlord (or any of its officers, directors, employers, agents or representatives) upon extinguishment of its rights in the Building and any judgment so rendered shall not give rise to any right of execution or levy against Landlord's assets. The provisions hereof shall inure to Landlord's successors and assigns, including, without limitation, any mortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord's obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant's rights to obtain injunctive relief or specific performance or to avail itself or any other right or remedy which may be awarded Tenant by law or under this Lease. In no event shall Landlord be liable to Tenant or Tenant's employees, agents, representatives or others for any damages of any kind or nature except actual compensatory damages, it being understood and agreed by Tenant that all other damages or liabilities (including, without limitation, indirect, consequential, speculative, exemplary or punitive damages) are hereby expressly waived. For purposes of this Lease, consequential damages shall include, but not be limited to, any lost profits, revenues or business opportunities.
Limitation on Right of Recovery Against Landlord. It is specifically understood and agreed that none of the Landlord Related Parties shall be personally liable for any of the covenants, conditions or provisions of this Lease. In the event of a breach or default by Landlord of any of its obligations under this Lease, Tenant shall look solely to the equity of the Landlord in the Mixed Use Project for the satisfaction of Tenant’s remedies. The limitations on Tenant’s right of recovery against the Landlord Related Parties set forth in this Section 18.5 shall survive the expiration of the Term of this Lease (whether by lapse of time or otherwise). NO CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS. Lease Agreement, Page 39
Limitation on Right of Recovery Against Landlord. Notwithstanding anything to the contrary contained in this Lease, there shall be absolutely no personal liability on Landlord, or any successor or assign of Landlord, with respect to the terms, covenants and provisions of this Lease, and Tenant shall look solely to the interest of the Landlord, its successors and assigns, in the Leased Premises for the satisfaction of each and every remedy of Tenant in the event of any breach by Landlord (or by such successor or assign) of any of the terms, covenants and provisions of this Lease to be observed or performed by Landlord hereunder, such exculpation of personal liability to be absolute and without any exception whatsoever. ARTICLE XXV ----------- FORCE MAJEURE ------------- In the event that Landlord or Tenant shall be delayed, hindered in, or prevented from the performance of any act required hereunder by reason of Unavoidable Delay, then performance of such act shall be excused for the period of the Unavoidable Delay and the period for the performance of any such act shall be extended for a period equivalent to the period of the Unavoidable Delay. ARTICLE XXVI ------------ NOTICES ------- No notice, approval, consent or other communication authorized or required by this Lease shall be effective unless the same shall be in writing. Any such communication shall be deemed given when either (a) hand delivered, with signed receipt obtained therefor, (b) sent postage prepaid by United States registered or certified mail, return receipt requested, directed or addressed in each case to the other party at its address set forth below, or such other address as either party may designate by notice given from time to time in accordance with this Article XXVI, or (c) sent by nationally recognized overnight courier service with all charges prepaid or billed to sender, directed or addressed in each case to the other party at its address set forth below, or such other address as either party may designate by notice given from time to time in accordance with this Article XXVI; and (d) delivered or sent in the same manner to any Mortgagee entitled to a copy of such notice pursuant to Section 15.03. The address for notices to Landlord is: Dan's Marina Mile 530, Ohio River & Xxxxx'x Xxxxx Xxxxxx, Xxxxxxxx 00000 Attention: Xxxxxx Xxxxxxx The address for notices to Tenant is: Pinnacle Gaming Development Corp. Xxxx Xxxxxx Xxx 000 Xxxxx, Xxxxxx 00000 Attention: Xxxxxx X. List ARTICLE XXVII ------------- CERTIFICATES ------------ Eit...
