Limitation on Total Liability. Notwithstanding any other provision of this Lease, it is expressly understood and agreed that the total liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant hereunder and/or Tenant's use of the Premises, shall be limited to the estate of Landlord in the Building. No other property or assets of Landlord or any partner or owner of Landlord shall be subject to levy, execution, or other enforcement proceedings or other judicial process for the satisfaction of any judgment or any other right or remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant hereunder and/or Tenant's use of the Premises.
Limitation on Total Liability. Our total liability under this agreement will not exceed the service charges for the affected time period. Crexendo will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.
Limitation on Total Liability. Notwithstanding any provision to the contrary contained herein, Tenant and Tenant’s Agents shall look solely to the estate and property of Landlord in and to the Land and the Building (including rents, and any undistributed insurance proceeds that were not applied as required by this Lease, condemnation awards, and proceeds resulting from a sale of the Building) in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, Tenant’s use of the Demised Premises, and/or any claim of injury or damage, and Tenant agrees for itself and Tenant’s Agents that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, Tenant’s use of the Demised Premises and/or any claim of injury or damage, shall be limited to such estate and property of Landlord in and to the Land and the Building (including rents, and any undistributed insurance proceeds that were not applied as required by this Lease, condemnation awards, and proceeds resulting from a sale of the Building). No properties or assets of Landlord other than the estate and property of Landlord in and to the Land and the Building and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant and Tenant’s Agents arising out of or in connection with this Lease, the relationship of Landlord and Tenant, Tenant’s use of the Demised Premises and/or any claim of injury or damage. Notwithstanding anything in this Lease to the contrary, if Tenant institutes an independent action against Landlord and is awarded a money judgment for which a Hen is of record, and provided that such judgment is either affirmed on appeal by the highest court for which an appeal thereof may be filed or the time for filing such an appeal has expired, then in such event, and only in such event, Tenant may deduct the amount of such money judgment for which a lien is of record from the next monthly installment or installments of Base Rent due hereunder.
Limitation on Total Liability. Notwithstanding any other provision of this Agreement, Summit Imaging’s total liability to Customer from any cause whatsoever, whether for breach of contract or other default, negligence, misrepresentation, or other contract or tort claim, is limited to: (i) payments referred to in Section 11 (“Indemnification”); (ii) damages for bodily injury (including death), and damage to real property and tangible personal property; and (iii) the amount of any other actual direct damages or loss, up to the total payments made by Customer to Summit Imaging in the twelve months prior to the claim for the Product or Service which was the subject of the claim.
Limitation on Total Liability. Notwithstanding any other provision of this Lease, it is expressly understood and agreed that the total liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant hereunder and/or Tenant’s use of the Premises, shall be limited to the interest of Landlord in the Building, the Land and the Complex, and all proceeds from same, no other property or assets of Landlord or any partner or owner of Landlord shall be subject to levy, execution, or other enforcement proceedings or other judicial process for the satisfaction of any judgment or any other right or remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant hereunder and/or Tenant’s use of the Premises. Notwithstanding the foregoing, Tenant shall have no right to seek recourse against any proceeds received by the entity comprising the “Landlord” from the sale of its interest in the Building, the Land or the Complex following the sale of such Landlord’s interest therein, except as the same relate to claims against the entity comprising the “Landlord” which has sold its subject interest, which claims accrued prior to such sale and which claims are (A) set forth in a complaint filed by Tenant in any litigation against Landlord which is pending at the time of such sale or (B) with respect to claims not in excess of One Million Dollars ($1,000,000.00), are (i) made in writing to said selling entity, setting forth a general description of the nature of such claims, together with (ii) the filing of a lawsuit against said entity in the court of appropriate jurisdiction, all within one (1) year following such sale or transfer.
Limitation on Total Liability. 23.1.1.1 In the event Owner terminates this Agreement prior to the Notice to Proceed Date pursuant to Section 15.3, Contractor shall have no liability to Owner hereunder, except with respect to the obligation of confidentiality set forth in Section 19.1.
