LIMITATION UPON LIABILITY. UNDER NO CIRCUMSTANCES SHALL GSI BE LIABLE TO RETAILER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACTUAL, NEGLIGENCE OR OTHER LEGAL THEORIES) ARISING FROM OR RELATED TO RETAILER'S OR RETAILER'S CUSTOMERS' USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET OR RETAILER'S OR RETAILER'S CUSTOMERS' RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE WEB SITE OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, LOSS, THEFT, OR DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IN NO EVENT SHALL GSI BE LIABLE UNDER THIS AGREEMENT TO RETAILER FOR AN AMOUNT THAT EXCEEDS, IN THE AGGREGATE THE AMOUNTS PAID TO RETAILER DURING THE [*] MONTHS PRECEDING THE LAST ACT OR OMISSION GIVING RISE TO SUCH LIABILITY. THE REMEDIES SET FORTH IN THIS SECTION 9 CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO RETAILER UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE IN ANY RESPECT FOR CLAIMS BROUGHT MORE THAN TWELVE (12) MONTHS AFTER THE LAST ACT OR OMISSION GIVING RISE TO SUCH LIABILITY.
LIMITATION UPON LIABILITY. If Landlord, or any successor or assign, fails to perform any covenant, term or condition of this Lease upon Landlord's part to be performed and as a consequence of such default Tenant recovers a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Building, and neither Landlord nor, if Landlord be a partnership, any of the partners comprising Landlord, will be liable for any deficiency. It is understood that in no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Building as hereinbefore expressly provided. In the event of the sale or other transfer of Landlord's right, title and interest in the Premises or the Building, Landlord will be released thereby from all liability and obligations hereunder.
LIMITATION UPON LIABILITY. Notwithstanding any other provision of this Lease, Lessee agrees to look solely to Lessor's interest in the Building (subject to any mortgage on the Building) for the recovery of any judgment requiring the payment of money by Lessor; it being agreed that Lessor, and if Lessor is a partnership, its partners whether general or limited, or if Lessor is a corporation, its directors, officers, or shareholders, shall never be personally liable for any such judgment, and no other assets of the Lessor shall be subject to levy, execution or other procedures for the satisfaction of Lessee's judgment. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Lessee might otherwise have to obtain injunctive relief against Lessor or Lessor's successors in interest, or to maintain any other action not involving the personal liability of Lessor, or to maintain any suit or action in connection with enforcement or collection of amounts which may become owing or payable under or on account of insurance maintained by Lessor.
LIMITATION UPON LIABILITY. Subject to the exceptions and qualifications described below, CBL Properties, Inc., Borrower's sole general partner, its successors and assigns (the "General Partner"), shall not be personally liable for the payment of the Obligations. Notwithstanding the foregoing provisions of this paragraph: (a) if an Event of Default occurs, nothing hereinabove stated shall in any way prevent or hinder the Agent or the Lenders in the enforcement or foreclosure of the Liens now or at any time hereafter securing the payment of the Obligations, or in the pursuit or enforcement of any remedy or judgment against Borrower and its assets; and (b) the General Partner shall be fully liable to the Agent and the Lenders to the same extent that the General Partner would be liable absent the foregoing provisions of this Section 0: (i) for fraud or willful misrepresentation by the General Partner or its Affiliates (to the full extent of losses suffered by the Agent or any Lender by reason of such fraud or willful misrepresentations); (ii) for the retention of any rental income or other income in excess of operating expenses of the property arising with respect to the property covered by any Loan Document and collected by Borrower after the Agent has given Borrower any notice that Borrower is in default under any of the Loan Documents and that the Agent and the Lenders have exercised their option to accelerate the maturity of the Obligations, foreclose or require the foreclosure of the Liens securing payment thereof or exercise any of the other rights, remedies and recourses of the Agent or the Lenders under the Loan Documents (to the full extent of the rental income or other income in excess of such operating expenses collected by Borrower after the giving of any such notice); (iii) for the fair market value, as of the time of the giving of any notice referred to in (ii) above, of any personalty or fixtures removed or disposed of by Borrower (other than in accordance with the terms of the Mortgage encumbering the same) after the giving of any notice referred to in (ii) above; and (iv) for the misapplication by Borrower (contrary to the provisions of this Agreement or the Loan Documents) of (x) any proceeds paid under any insurance policy by reason of damage, loss or destruction to any portion of the Collateral or the Projects (to the full extent of such proceeds so misapplied); or (y) any proceeds or awards resulting from the condemnation of all or any part of the Collateral or Proj...
LIMITATION UPON LIABILITY. Notwithstanding anything to the contrary provided for herein, each and every term, covenant, condition, and provision of this Lease is hereby made specifically subject to the provisions of this Section 19. It is specifically understood and agreed that Lessee's sole recourse in the event Lessor fails to observe or perform any term, covenant, condition or provision of this Lease on Lessor's part to be performed, is limited to Lessor's interest in the Premises, and Lessee shall have no right to obtain a judgment against Lessor or any general or limited partner of Lessor or any officer, director or employee of Lessor for any sum of money which is or may be payable under this Lease, or for any deficiency after realization against the Premises, or to enforce or attempt to enforce a claim for any such sum against any of the other assets of Lessor or any general or limited partner or any officer, director or employee of Lessor. Such exculpation of personal liability is absolute and without any exception whatsoever.
LIMITATION UPON LIABILITY. Notwithstanding any other provision of this Sublease, Sublessee agrees to look solely to Sublessor's interest in the Lease (subject to any mortgage on the Building) for the recovery of any judgement requiring the payment of money by Sublessor; it being agreed that Sublessor, and if Sublessor is a corporation, its directors, officers, or shareholders, shall never be personally liable for any such judgment, and no other assets of the Sublessor shall be subject to levy, execution or other procedures for the satisfaction of Sublessee's judgement. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Sublessee might otherwise have to obtain injunctive relief against Sublessor, Sublessor's successors in interest, or to maintain any other action not involving the personal liability of Sublessor, or to maintain any suit or action in connection with enforcement of collection of amounts which may become owing or payable under or an account of insurance maintained by Sublessor.
LIMITATION UPON LIABILITY. 9 ARTICLE 18.
LIMITATION UPON LIABILITY. 28 8.2 Company's Debts..................................................... 28 8.3 Member's Debts...................................................... 28 8.4
LIMITATION UPON LIABILITY. No Member, Manager, officer or Affiliate thereof shall be liable, responsible or accountable in damages or otherwise to the Company for any act or omission by a Member, Manager or officer performed in good faith and in a manner reasonably believed by him, her or it to be within his, her or its scope of authority granted by this Agreement and in the best interest of the Company. The Member, Manager or Officer shall be liable, however, for an act or omission that constitutes fraud, intentional misconduct, bad faith, gross negligence or a knowing violation of law. The liability of the Members, Managers, officers or Affiliates shall be further limited as set forth in the Act and other applicable law.
LIMITATION UPON LIABILITY. No Member, Manager, officer or Affiliate thereof shall be liable, responsible or accountable for damages or otherwise to the Company for any act or omission by a Member, Manager, officer or Affiliate thereof performed in good faith and in a manner reasonably believed by him, her or it to be within his, her or its scope of authority granted by this Agreement and in the best interest of the Company. The Member, Manager or Officer shall be liable, however, for an act or omission that constitutes fraud, intentional misconduct, bad faith, gross negligence or a knowing violation of law. The liability of the Members, Managers, officers or Affiliates shall be further limited as set forth in the Act and other applicable law. Any repeal or modification of this Section 8.1 shall not adversely affect any right or protection of a Member, Manager, officer or Affiliate thereof existing at the time of such repeal or modification.
