Common use of Limitation of Landlord’s Liability Clause in Contracts

Limitation of Landlord’s Liability. If Landlord is in default of this Lease, and as a consequence, Tenant recovers a money judgment against Landlord, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord in the Premises, and out of rent or other income from the Premises receivable 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 Premises. Neither Landlord nor Landlord’s Agents shall be personally liable for any deficiency except to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable, and no partner or member of Landlord (or of any affiliated entity) shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of Landlord.

Limitation of Landlord’s Liability. If Notwithstanding any other provisions of this Lease to the contrary, in the event of a default by Landlord is in default of under this Lease, Tenant shall look solely to Landlord’s equity in the Building, and not to any other or separate business or non-business assets of Landlord, or any partner, shareholder, officers or representative of Landlord, for the satisfaction of any claim brought by Tenant against Landlord, and if Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed within thirty (30) days after written notice from Tenant (unless such condition is incapable of being cured within said thirty (30) day period, in which event it shall not be deemed a default so long as Landlord is diligently pursuing the completion of same), and, as a consequenceconsequence of such default, Tenant recovers shall recover a money judgment against Landlord, the such judgment shall be satisfied only solely out of the proceeds of sale received on upon execution of the such judgment and levy levied thereon against the right, title, title and interest of Landlord in the Premises, Building as the same may then be encumbered (including without limitation Landlord’s interest in the rents and profits arising out of rent or other income from the Premises receivable 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 PremisesBuilding). Neither Landlord nor Further, in the event the owner of Landlord’s Agents shall be personally liable for interest in this Lease is at any deficiency except to the extent liability is based upon willful and intentional misconduct. If Landlord is time a partnership, joint ventureventure or unincorporated association, Tenant agrees that the members or limited liability company, the partners or members of such partnership partnership, joint venture or limited liability company, as the case may be, unincorporated association shall not be personally liableor individually liable or responsible for the performance of any of Landlord’s obligations hereunder. With respect to any provisions of this Lease which provides that Landlord shall not unreasonably withhold or delay any consent or approval, Tenant shall not have, and no partner Tenant hereby waives, any claim for money damages; nor shall Tenant claim any money damages by way of setoff, counterclaim or member defense, based upon any allegation of Landlord (or of any affiliated entity) unreasonableness by Landlord. Tenant’s sole remedy shall be sued an action or named as a party in proceeding to enforce any suit or actionsuch provisions, or service of process be made against any partner for specific performance, injunction or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of Landlorddeclaratory judgment.

Limitation of Landlord’s Liability. If Tenant agrees that, in the event of any default or breach by Landlord is under this Lease or arising in default connection herewith or with Landlord’s operation, management, leasing, repair, renovation, alteration or any other matter relating to the Project or the Premises, Tenant shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Project including the accounts and rent payments relating thereto. For purposes of this Lease, and as a consequence“Landlord Parties” shall mean, Tenant recovers a money judgment against collectively Landlord, the judgment shall be satisfied only out its partners, shareholders, officers, directors, employees, investment advisors, or any successor in interest of any of them. Except as otherwise provided herein, neither Landlord, nor any of the proceeds of sale received on execution of the judgment and levy against the right, titleLandlord Parties shall have any personal liability therefor, and interest Tenant hereby expressly waives and releases such personal liability on behalf of Landlord itself and all persons claiming by, through or under Tenant. The limitations of liability contained in this Paragraph 18 shall inure to the Premises, and out of rent or other income from the Premises receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part benefit of Landlord’s rightand the Landlord Parties’ present and future partners, titlebeneficiaries, officers, directors, trustees, shareholders, agents and employees, and interest in the Premisestheir respective partners, heirs, successors and assigns. Neither Except as otherwise provided, herein, neither Landlord nor Landlord’s Agents the Landlord Parties shall be personally liable under any circumstances for any deficiency except injury or damage to, or interference with Tenant’s business, including but not limited to, loss or profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring. The provisions of this section shall apply only to the extent liability is based upon willful Landlord and intentional misconduct. If Landlord is a partnershipthe parties herein described, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, and shall not be personally liable, and no partner or member of Landlord (or for the benefit of any affiliated entity) shall be sued or named as a party in insurer nor any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of Landlordother third party.

Limitation of Landlord’s Liability. If Landlord is Notwithstanding any provision to the contrary contained in default of this Lease, and as a consequence, Tenant recovers a money judgment against Landlord, shall look solely to the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, estate and interest of Landlord in and to the Land and the building, and Landlord shall have no personal liability, in the even of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Leased Premises, and Tenant agrees that the liability of Landlord arising out of rent or other income from in connection with this Lease, the Premises receivable by relationship of Landlord and Tenant, or out Tenant's use of the consideration received by Leased Premises shall be limited solely to such estate or interest of Landlord from in and to the sale Land and the Building and that Landlord shall have no personal liability as provided above in this sentence. No properties or assets of Landlord other disposition of all or any part of Landlord’s right, title, than the estate and interest of Landlord in the Premises. Neither Landlord nor Landlord’s Agents shall be personally liable for any deficiency except and to the extent liability is based upon willful Land and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liableBuilding, and no partner or member of Landlord (or of property owned by any affiliated entity) shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, directorpartners, officer, employeemember, director or agent trustee in or of Landlord, shall be subject to levy, execution or other reenforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant's use of the Leased Premises. Further, in no event whatsoever shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, directorpartner, officer, employee member, director or agent trustee in or of LandlordLandlord have any liability or responsibility whatsoever arising out of or in connection with this Lease, except as may be necessary to secure jurisdiction the relationship of Landlord and Tenant or Tenant's use of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of LandlordLeased Premises.

Limitation of Landlord’s Liability. If Except as provided in the next sentence, the liability of Landlord is in default of this Lease, and as a consequence, to Tenant recovers a money for any judgment against Landlord, the judgment Landlord hereunder or for any tort liability relating hereto shall be satisfied only out of limited to Tenant's actual direct, but not special, consequential or punitive, damages therefor, which damages shall be recoverable solely from the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord in the PremisesProject at the time such liability accrued, it being agreed that neither Landlord (and its partners, agents, officers, directors, and out of rent or other income from the Premises receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or shareholders) nor any part of Landlord’s right, title, and interest in the Premises. Neither Landlord nor Landlord’s Agents mortgagees shall ever be personally liable for any deficiency except such judgment. In the event of a transfer by Landlord of its interest in the Project after any such liability has accrued, Tenant may only proceed against Landlord to the extent liability is based upon willful of the net sales proceeds received by Landlord from such transfer for the recovery of any claim that accrued prior to such transfer and intentional misconductonly if Tenant gives Landlord written notice of the claim and commences an action to recover on such claim within twelve (12) months after consummation of such transfer by Landlord. If In the event that the sale proceeds from any such transfer have been distributed to the owners (e.g., partners, shareholders, members) of the transferring Landlord is a partnership, joint venture, or limited liability companyprior to the commencement of Tenant's claim, the partners or members liability of each owner for such partnership or claim shall be limited liability companyto that portion of the sale proceeds actually received by such owner. In addition, as the case may be, Tenant also agrees that Tenant shall not be personally liableentitled to recover from Landlord nor any of its agents, employees, officers, partners, servants or shareholders any indirect, special or consequential damages Tenant may incur as a result of a default under this Lease or other action by Landlord, its agents, employees, officers, partners, servants or shareholders. The foregoing sentence is not intended to, and no partner shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against 137 Landlord or member of Landlord (Landlord's successors in interest, or of any affiliated entity) shall be sued or named as a party in to maintain any suit or actionaction in connection with the enforcement of rights hereunder or arising herefrom or the collection of amounts which may become owing or payable under or on account of insurance maintained by Landlord, or service of process be made against any partner or member of other action which does not require Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of liable for damages from other than the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of LandlordProject.

Limitation of Landlord’s Liability. If Tenant, as a material part of the consideration to be rendered to Landlord is in default of under this Lease, and as a consequenceto the extent permitted by law, thereby waives all claims, except to the extent of claims caused by or resulting from its negligence or willful misconduct of Landlord, its agents, servants or employees, which Tenant recovers a money judgment or Tenant's successor or assigns may have against Landlord, its agents, servants and employees, for loss, theft or damage to property and for injuries to persons in, upon or about the judgment shall be satisfied only out Leased Premises, the Building or the Project from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees harmless from and on account of any damage or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the proceeds of sale received on execution of the judgment and levy against the rightLeased Premises by Tenant, title, and interest of Landlord in the Premises, and out of rent or other income arising from the failure of Tenant to keep the Leased Premises receivable 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 Premisesgood condition as herein provided. Neither Landlord nor Landlord’s Agents its agents, servants or employees shall be personally liable to Tenant for any deficiency damage by or from any act of negligence of any co-tenant or other occupant of the Land or the Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Land, the Building and the Leased Premises, as well as all damage to tenants or occupants thereof caused by Tenant's misuse or neglect of the Leased Premises, its apparatus or appurtenances, or caused by any licensee, contractor, agent or employee of Tenant. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or any occupant of the Leased Premises that is on the Project, in the Building or the Leased Premises shall be there at the risk of Tenant or such other person only, and Landlord and its agents or employees (except to the extent liability is based upon of the negligence and willful and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable, and no partner or member misconduct of Landlord (or of any affiliated entityits agents or employees) shall be sued liable for any damage to or named as a party in theft of or misappropriation of such property; nor for any suit damage to property entrusted to Landlord, its agents or actionemployees, if any; nor for the loss of or service of process be made against damage to any partner property by theft or member of Landlord (otherwise, by any means whatsoever; nor for any injury or of damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, snow, water or rain which may leak from any affiliated entity), except as may be necessary to secure jurisdiction part of the partnershipBuilding or from the pipes, joint ventureappliances or plumbing works therein or from the roof, street or limited liability company subsurface or from any other place or resulting from dampness or from any other cause whatsoever; nor for interference with light or any other incorporeal hereditaments, nor for any latent defect in the Leased Premises or in the Building or the Land. Tenant shall give prompt notice to Landlord in case of fire or accidents in the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, Leased Premises or in the shareholders, directors, officers, employees, and/or agents Building or in case of such corporation shall not be personally liable, and no shareholder, director, officer, employee, defects therein or agent of Landlord shall be sued in the fixtures or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of Landlordequipment therein.

Limitation of Landlord’s Liability. If Landlord is in default In consideration of this Lease, and as a consequencethe benefits accruing hereunder, Tenant recovers a money judgment against and all successors and assigns of Tenant covenant and agree that in the event of any actual or alleged failure, breach or default hereunder by Landlord, : (a) the judgment sole and exclusive remedy shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord in the Premises, Building (and out the insurance proceeds and condemnation awards therefrom); (b) neither Landlord nor (if Landlord is a limited liability company) any member or (if Landlord is a partnership) any partner of rent or other income from the Premises receivable by Landlord or out of the consideration received by nor (if Landlord from the sale or other disposition of all or is a corporation) any part shareholder of Landlord’s right, titlenor Rental Agent specified in Section 1(a)8 hereof nor (if Rental Agent is a partnership) any member, and interest in the Premises. Neither Landlord partner of Rental Agent nor Landlord’s Agents (if Rental Agent is a corporation) any shareholder of Rental Agent shall be personally liable for with respect to any deficiency except claim arising out of or related to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable, and this Lease; (c) no partner or member shareholder of Landlord (nor any member, partner or shareholder of any affiliated entity) Rental Agent shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord action (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and Landlord); (d) no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process shall be made against any shareholdermember, directorpartner or shareholder of Landlord nor against any member, officer, employee partner or agent shareholder of Landlord, Rental Agent (except as may be necessary to secure jurisdiction of the corporation. No partner, Landlord); (e) any judgment granted against any member, shareholder, director, employee, partner or agent shareholder of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partnermember, member shareholderpartner or shareholder of Rental Agent may be vacated and set aside at any time as if such judgment had never been granted; and (f) these covenants and agreements are enforceable both by Landlord and also by any member, directorpartner or shareholder of Landlord and by any member, employee, partner or agent shareholder of LandlordRental Agent.

Limitation of Landlord’s Liability. If Tenant, as a material part of the consideration to be rendered to Landlord is in default of under this Lease, to the extent permitted by law, hereby waives all claims, except claims caused by or resulting solely and as a consequencedirectly from the gross negligence or willful misconduct of Landlord, its agents, servants or employees, which Tenant recovers a money judgment or Tenant’s successor or assigns may have against Landlord, its agents, servants and employees, for loss, theft or damage to property and for injuries to persons in, upon or about the judgment shall be satisfied only out Leased Premises, the Building or the Project from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees harmless from and on account of any damage or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the proceeds of sale received on execution of the judgment and levy against the rightLeased Premises by Tenant, title, and interest of Landlord in the Premises, and out of rent or other income arising from the failure of Tenant to keep the Leased Premises receivable 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 Premisesgood condition as herein provided. Neither Landlord nor Landlord’s Agents its agents, servants or employees shall be personally liable to Tenant for any damage by or from any act of negligence of any co-tenant or other occupant of the Land or the Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Land, the Building and the Leased Premises, as well as all damage to tenants or occupants thereof caused by Tenant’s misuse or neglect of the Leased Premises, it apparatus or appurtenances, or caused by any licensee, contractor, agent or employee of Tenant. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or any occupant of the Leased Premises that is on the Project, in the Building or the Leased Premises shall be there at the risk of Tenant or such other person only, and Landlord and its agents or employees (except in case of the sole negligence or willful misconduct of Landlord or its agents or employees) shall not be liable for any deficiency except damage to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners theft of or members misappropriation of such partnership property; nor for any damage to property entrusted to Landlord, its agents or limited liability companyemployees, as if any; nor for the case loss of or damage to any property by theft or otherwise, by any means whatsoever; nor for any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, snow, water or rain which may be, shall not be personally liable, and no partner or member of Landlord (or of leak from any affiliated entity) shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction part of the partnershipBuilding or from the pipes, joint ventureappliances or plumbing works therein or from the roof, street or limited liability company subsurface or from any other place or resulting from dampness or from any other cause whatsoever; nor for interference with light or any other incorporeal hereditaments, nor for any latent defect in the Leased Premises or in the Building or the Land. Tenant shall give prompt notice to Landlord in case of fire, casualty or accidents in the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, Leased Premises or in the shareholders, directors, officers, employees, and/or agents Building or in case of such corporation shall not be personally liable, and no shareholder, director, officer, employee, defects therein or agent of Landlord shall be sued in the fixtures or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of Landlordequipment therein.

Limitation of Landlord’s Liability. If Section 33(c) of the Lease is hereby deleted and the following is inserted therefor: “Landlord is shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord within ten (10) days after written notice is delivered by Tenant to Landlord and to the holder of any mortgages or deeds of trust (collectively, “Lender”) covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying the obligation which Landlord has failed to perform; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days are required for performance, then Landlord shall not be in default if Landlord or Lender commences performance within such ten (10) day period and thereafter diligently prosecutes the same to completion. Notwithstanding any other provisions of this LeaseLease to the contrary, Tenant shall look solely to Landlord’s equity in the Building, and not to any other or separate business or non-business assets of Landlord, or any of Landlord’s partners, members, affiliates, partners, lenders, agents, directors, shareholders, employees or principals, for the satisfaction of any claim brought by Tenant against Landlord, and if Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and as a consequenceconsequence of such default, Tenant recovers shall recover a money judgment against Landlord, the such judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord Landlord’s equity in the Premises, and out of rent Building or the rents or other income from the Premises receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part Building. Further, in the event the owner of Landlord’s right, title, and interest in the Premises. Neither Landlord nor Landlord’s Agents shall be personally liable for this Lease is at any deficiency except to the extent liability is based upon willful and intentional misconduct. If Landlord is time a partnership, joint ventureventure or unincorporated association, Tenant agrees that the members or limited liability company, the partners or members of such partnership partnership, joint venture or limited liability company, as the case may be, unincorporated association shall not be personally liable, and no partner or member of Landlord (individually liable or responsible for the performance of any affiliated entity) shall be sued or named as a party in any suit or actionof Landlord’s obligations hereunder. Without limiting the foregoing, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent no personal liability is caused assumed by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholderany officer, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partnerowner, member, shareholder, director, employee, or agent agent, and/or representative of Landlord Crown Realty & Development, Inc. and its affiliates, including but not limited to Xxxxxx X. Xxxxxxx and/or Xxxxx Xxxxxxxxxx (or and their family members) (collectively, the “Released Parties”) in connection with this Lease. The parties acknowledge and agree that no claim, cause of action, liability, demand, damage, debt, expense, and/or lien, including but not limited to any affiliated entity) involving this Lease, shall be required to answer asserted against any of the Released Parties, whether known or otherwise plead unknown at the time of this Lease or at any time in the future, including after expiration or earlier termination of this Lease. With respect to any service provisions of process this Lease which provide that Landlord shall not unreasonably withhold or delay any consent or approval, Tenant shall not have, and no judgment will 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 allegation of unreasonableness by Landlord. Tenant’s sole remedy shall be taken an action or writ of execution levied against proceeding to enforce any partner, member shareholder, director, employeesuch provisions, or agent for specific performance, injunction or declaratory judgment. Notwithstanding any contrary provision in this Lease, Landlord shall not be liable under any circumstances for consequential, special, indirect or punitive damages, including, without limitation, with respect to injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of Landlordprofits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring.”

Limitation of Landlord’s Liability. If Any liability of Landlord is in default of this Lease(including, without limitation, Landlord’s direct or indirect partners, shareholders, members, affiliates, or agents, and as a consequencethe officers, directors, members and employees of Landlord or any such other person) (collectively, “Landlord Parties”) to Tenant recovers a money judgment against Landlord, the judgment under this Lease shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord in the Premises, and out of rent or other income from the Premises receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part of limited to Landlord’s right, title, and interest in the Premises. Neither Building and Tenant agrees to look solely to such interest for the recovery of any judgment, it being intended that neither the Landlord Parties nor Landlord’s Agents any Tenant Party shall be personally liable for any deficiency except to or judgment under this Lease. For purposes of this Paragraph 28.1, “Landlord’s interest in the extent liability is based upon willful Building” shall include rents paid by tenants, insurance proceeds, condemnation proceeds, and intentional misconduct. If Landlord is a partnershipproceeds from the sale of the Building (collectively, joint venture“Owner Proceeds”); provided, or limited liability companyhowever, the partners or members of such partnership or limited liability company, as the case may be, that Tenant shall not be personally liableentitled to recover Owner Proceeds from any Landlord Party (other than Landlord) or any other third party after they have been distributed or paid to such party; provided further, however, that nothing in this sentence shall diminish any right Tenant may have under Applicable Laws, as a creditor of Landlord, to recover Owner Proceeds from a third party on the grounds that such third party obtained such Owner Proceeds when Landlord was insolvent or in a transfer that was preferential or fraudulent as to Landlord’s creditors. Notwithstanding any other provision of this Lease, Landlord shall not be liable for loss of or damage to artwork, currency, jewelry, bullion, unique or valuable documents, securities or other valuables, or for other property not in the nature of ordinary fixtures, furnishings and no partner equipment used in general administrative and executive office activities and functions. Wherever in this Lease Tenant (a) releases Landlord from any claim or member liability, (b) waives or limits any right of Tenant to assert any claim against Landlord or to seek recourse against any property of Landlord or (or of any affiliated entityc) shall be sued or named as a party in any suit or action, or service of process be made agrees to indemnify Landlord against any partner matters, the relevant release, waiver, limitation or member indemnity shall run in favor of and apply to Landlord, its direct or indirect constituent shareholders, partners, members or other owners of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, its directors, officers, employees, and/or agents and employees of Landlord and each such corporation shall not be personally liable, and no constituent shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholderor other owner. Further, director, employeein no event shall Landlord or Landlord Parties be liable under any circumstances for any consequential damages for injury or damage to, or agent interference with, Tenant’s business, including but not limited to, loss of Landlordprofits, loss of rents or other revenues, loss of business opportunity, loss of goodwill, or loss of use, however occurring.

Limitation of Landlord’s Liability. If Landlord is Notwithstanding any provision to the contrary contained in default of this Lease, and as a consequence, Tenant recovers a money judgment against Landlord, shall look solely to the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, estate and interest of Landlord in and to the Land and the building, and Landlord shall have no personal liability, in the even of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Leased Premises, and Tenant agrees that the liability of Landlord arising out of rent or other income from in connection with this Lease, the Premises receivable by relationship of Landlord and Tenant, or out Tenant's use of the consideration received by Leased Premises shall be limited solely to such estate or interest of Landlord from in and to the sale Land and the Building and that Landlord shall have no personal liability as provided above in this sentence. No properties or assets of Landlord other disposition of all or any part of Landlord’s right, title, than the estate and interest of Landlord in the Premises. Neither Landlord nor Landlord’s Agents shall be personally liable for any deficiency except and to the extent liability is based upon willful Land and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liableBuilding, and no partner or member of Landlord (or of property owned by any affiliated entity) shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, directorpartners, officer, employeemember, director or agent trustee in or of Landlord. shall be subject to levy, execution or other re-enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant's use of the Leased Premises. Further, in no event whatsoever shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, directorpartner, officer, employee member, director or agent trustee in or of LandlordLandlord have any liability or responsibility whatsoever arising out of or in connection with this Lease, except as may be necessary to secure jurisdiction the relationship of Landlord and Tenant or Tenant's use of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of LandlordLeased Premises.

Limitation of Landlord’s Liability. If Landlord is Notwithstanding any provision to the contrary contained in default of this Lease, and as a consequence, Tenant recovers a money judgment against Landlord, shall look solely to the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, estate and interest of Landlord in and to the Land and the building, and Landlord shall have no personal liability, in the even of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant*s use of the Leased Premises, and Tenant agrees that the liability of Landlord arising out of rent or other income from in connection with this Lease, the Premises receivable by relationship of Landlord and Tenant, or out Tenant*s use of the consideration received by Leased Premises shall be limited solely to such estate or interest of Landlord from in and to the sale Land and the Building and that Landlord shall have no personal liability as provided above in this sentence. No properties or assets of Landlord other disposition of all or any part of Landlord’s right, title, than the estate and interest of Landlord in the Premises. Neither Landlord nor Landlord’s Agents shall be personally liable for any deficiency except and to the extent liability is based upon willful Land and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liableBuilding, and no partner or member of Landlord (or of property owned by any affiliated entity) shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, directorpartners, officer, employeemember, director or agent trustee in or of Landlord, shall be subject to levy, execution or other re-enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant*s use of the Leased Premises. Further, in no event whatsoever shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, directorpartner, officer, employee member, director or agent trustee in or of LandlordLandlord have any liability or responsibility whatsoever arising out of or in connection with this Lease, except as may be necessary to secure jurisdiction the relationship of Landlord and Tenant or Tenant*s use of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of LandlordLeased Premises.

Limitation of Landlord’s Liability. If Section 11.1 - Limitation of Landlord's Liability Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims caused by or resulting in any way, directly or indirectly, from any action or failure to act (excluding those which may be willful misconduct or grossly negligent) of Landlord, its agents, servants or employees, which Tenant or Tenant's successor or assigns may have against Landlord, its agents, servants and employees, for loss, theft or damage to property and for injuries to persons in, upon or about the Leased Premises, the Building or the Project from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees harmless from and on account of any damage or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the Leased Premises by Tenant, or arising from the failure of Tenant to keep the Leased Premises in good condition as herein provided. Neither Landlord nor its agents, servants or employees shall be liable to Tenant for any damage by or from any act or failure to act of any tenant or other occupant of the Project or the Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Project, the Building and the Leased Premises, as well as all damage to tenants or occupants thereof caused by Tenant (including, but not limited to, Tenant's misuse or neglect of the Leased Premises, its apparatus or appurtenances), or caused by any licensee, contractor, agent or employee of Tenant. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or any occupant of the Leased Premises that is on the Project, in default the Building or the Leased Premises shall be there at the risk of Tenant or such other person only, and Landlord and its agents or employees shall not be liable, unless the same results from the gross negligence or willful misconduct of Landlord, its agents, servants or employees, for any damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever; nor for any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or from any other cause whatsoever; nor for interference with light or any other incorporeal hereditaments, nor for any latent defect in the Leased Premises or in the Building or the Land. It is intended, and is a requirement of this Lease, that Tenant insure all of such items and as a consequence, against all of such risks. Tenant recovers a money judgment against Landlord, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of give prompt notice to Landlord in the Premisescase of fire, and out of rent casualty or other income from the Premises receivable 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 accidents in the Premises. Neither Landlord nor Landlord’s Agents shall be personally liable for any deficiency except to Leased Premises or in the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership, joint venture, Building or limited liability company, in case of defects therein or in the partners fixtures or members of such partnership or limited liability company, as the case may be, shall not be personally liable, and no partner or member of Landlord (or of any affiliated entity) shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of Landlordequipment therein.

Limitation of Landlord’s Liability. If Landlord is in default In consideration of this Lease, and as a consequencethe benefits accruing hereunder, Tenant recovers a money judgment against and all successors and assigns of Tenant covenant and agree that in the event of any actual or alleged failure, breach or default hereunder by Landlord, : (a) the judgment sole and exclusive remedy shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord in the PremisesBuilding including rent proceeds after payment of Real Estate Tax Costs and Common Area Costs and debt service, and out subject, however, to the prior rights of rent any ground or other income from underlying landlord or the Premises receivable by Landlord holder of any mortgage covering the Building 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 Premises. Neither therein; (b) neither Landlord nor Landlord’s Agents (if Landlord is a partnership) any partner of Landlord nor (if Landlord is a corporation) any shareholder of Landlord shall be personally liable for with respect to any deficiency except claim arising out of or related to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable, and this Lease; (c) no partner or member of Landlord (or of any affiliated entity) shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, director, officer, employee, or agent shareholder of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, action (except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, Landlord); (d) no service of process shall be made against any partner or agent shareholder of Landlord (except as may be necessary to secure jurisdiction of Landlord); (e) any judgment granted against any partner or shareholder of Landlord may be vacated and set aside at any affiliated entity) time as if such judgment had never been granted, and (0 these covenants and agreements are enforceable both by Landlord and also by any partner or shareholder of Landlord. No other assets of Landlord shall be required subject to answer levy, execution or otherwise plead to any service other judicial process for the satisfaction of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of LandlordTenant’s claim.

Limitation of Landlord’s Liability. If Landlord is in default of this Lease, and as a consequence, Tenant recovers a money judgment against Landlord, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord in the Premises, and out of rent or other income from the Premises receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s 's right, title, and interest in the Premises. Neither Landlord nor Landlord’s 's Agents shall be personally liable for any deficiency except to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable, liable and no partner or member of Landlord (or of any affiliated entity) shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, liable and no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of Landlord.

Limitation of Landlord’s Liability. If Landlord is in default In consideration of this Lease, and as a consequencethe benefits accruing hereunder, Tenant recovers a money judgment against and all successors and assigns of Tenant covenant and agree that in the event of any actual or alleged failure, breach or default hereunder by Landlord, : (a) the judgment sole and exclusive remedy shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title, and interest of Landlord in the PremisesBuilding (which shall include insurance proceeds and condemnation awards, and out of rent or other income from the Premises receivable by Landlord or out of the consideration as well as proceeds actually received by Landlord from any sale of the sale or other disposition Building [net of all expenses of sale], and rental income from the Building [net of all expenses] to the extent all of the foregoing are held in an account for Landlord and have not been applied or distributed by Landlord in the ordinary course of business (i.e., not as a fraud against creditors); (b) neither Landlord nor (if Landlord is a limited liability company) any part member or (if Landlord is a partnership) any partner of Landlord nor (if Landlord is a corporation) any shareholder of Landlord’s right, titlenor Rental Agent specified in Section 1(a)8 hereof nor (if Rental Agent is a partnership) any member, and interest in the Premises. Neither Landlord partner of Rental Agent nor Landlord’s Agents (if Rental Agent is a corporation) any shareholder of Rental Agent shall be personally liable for with respect to any deficiency except claim arising out of or related to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership, joint venture, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable, and this Lease; (c) no partner or member shareholder of Landlord (nor any member, partner or shareholder of any affiliated entity) Rental Agent shall be sued or named as a party in any suit or action, or service of process be made against any partner or member of Landlord action (or of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and Landlord); (d) no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process shall be made against any shareholdermember, directorpartner or shareholder of Landlord nor against any member, officer, employee partner or agent shareholder of Landlord, Rental Agent (except as may be necessary to secure jurisdiction of the corporation. No partner, Landlord); (e) any judgment granted against any member, shareholder, director, employee, partner or agent shareholder of Landlord (or of any affiliated entity) shall be required to answer or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partnermember, member shareholderpartner or shareholder of Rental Agent may be vacated and set aside at any time as if such judgment had never been granted; and (f) these covenants and agreements are enforceable both by Landlord and also by any member, directorpartner or shareholder of Landlord and by any member, employee, partner or agent shareholder of LandlordRental Agent.

Limitation of Landlord’s Liability. If Landlord is in default shall fail to perform any covenant, term or condition of this Lease, lease upon Landlord's part to be performed and as a consequence, consequence of such default Tenant recovers shall recover a money judgment against Landlord, the such judgment shall be satisfied only out of (i) the proceeds of sale received on upon execution of the such judgment and levy thereon against the right, title, title and interest of Landlord in the Premisesdemised premises, (ii) any net income from such property receivable by Landlord, when and as be accorded Tenant by law or under the terms of this lease by reason of Landlord's failure to perform its obligations thereunder received (i.e. net of all ad valorem taxes and operating expenses [including debt service]), and out of rent or other income from the Premises receivable by Landlord or out of (iii) the consideration received by Landlord from the sale or other disposition (other than a mortgage) of all or any part of Landlord’s 's right, title, title and interest in the Premises. Neither Landlord nor Landlord’s Agents demised premises (which consideration shall be personally deemed to include any assets at any time held by Landlord having a value not exceeding that of the proceeds of such sale or other disposition), and Landlord shall not be liable for any deficiency except deficiency; provided, however, that in the event of Landlord's failure to perform any covenant or obligation of Landlord under the extent liability is based upon willful and intentional misconduct. If Landlord is article hereof, captioned "CONDEMNATION", following a partnership, joint venture, taking of all or limited liability company, any part of the partners or members demised premises any judgment recovered by Tenant as a consequence thereof may also be satisfied out of such partnership or limited liability companythe condemnation award, as the case may be, payable to Landlord as a result of such taking. The provisions of this article shall not be personally liabledeemed to deny to Tenant, and no partner or member limit its right to obtain injunctive relief of Landlord's covenants under this lease or to avail itself of any other right or remedy, including specific performance (not involving a personal liability of Landlord (or in excess of any affiliated entity) shall be sued or named as a party in any suit or actionthe limits of personal liability fixed by this article, or service in the case of process be made against any partner or member of Landlord (or of any affiliated entity)specific performance, except as may be necessary to secure jurisdiction enforcement of the partnership, joint venture, or limited liability company or Landlord's obligations to the extent liability is caused by willful and intentional misconduct. If that Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, director, officer, employee, or agent of Landlord shall be sued or named as a party in any suit or action, or service of process be made against any shareholder, director, officer, employee or agent of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of Landlord (or of any affiliated entity) shall be required to answer expend more than the limits of personal liability fixed by this article, less all amounts previously paid to Tenant as liquidated damages pursuant to the terms of this lease) which may be accorded Tenant by law or otherwise plead to any service under the terms of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent this lease by reason of Landlord's failure to perform its obligations thereunder.

Limitation of Landlord’s Liability. If Tenant agrees that Landlord shall be liable only for breaches of its covenants occurring while it is owner of the Property (provided, however, that if Landlord from time to time is lessee of the ground or improvements constituting the Building, then Landlord’s period of ownership of the Property shall be deemed to mean only that period while Landlord holds such leasehold interest). Upon any sale or transfer of the Building, the transferor Landlord (including any mortgagee) shall be freed of any liability or obligation thereafter arising and, subject to Section 9.1, Tenant shall look solely to the transferee Landlord as aforesaid for satisfaction of such liability or obligation. Tenant (and each person acting under Tenant) agrees to look solely to Landlord’s interest from time to time in default of this Leasethe Property, and as a consequencethe rents, Tenant recovers a money judgment income and profits therefrom, for satisfaction of any claim against Landlord. No owner, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the righttrustee, titlebeneficiary, and interest of Landlord in the Premisespartner, and out of rent or other income from the Premises receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s rightmember, titlemanager, and interest in the Premises. Neither Landlord nor Landlord’s Agents shall be personally liable for any deficiency except to the extent liability is based upon willful and intentional misconduct. If Landlord is a partnership, joint ventureagent, or limited liability company, the partners or members of such partnership or limited liability company, as the case may be, shall not be personally liable, and no partner or member employee of Landlord (or of any affiliated entitymortgagee or any lender or ground or improvements lessor) shall ever be sued personally or named as a party individually liable to Tenant or any person claiming under or through Tenant for or on account of any default by Landlord or failure by Landlord to perform any of its obligations hereunder, or for or on account of any amount or obligations that may be or become due under or in connection with this Lease or the Premises; nor shall it or they ever be answerable or liable in any suit equitable judicial proceeding or actionorder beyond the extent of their interest in the Property and the rents, or service of process be made against any partner or member of Landlord (or income and profits therefrom. No deficit capital account of any affiliated entity), except as may be necessary to secure jurisdiction of the partnership, joint venture, member or limited liability company or to the extent liability is caused by willful and intentional misconduct. If Landlord is a corporation, the shareholders, directors, officers, employees, and/or agents of such corporation shall not be personally liable, and no shareholder, director, officer, employee, or agent partner of Landlord shall be sued deemed to be a liability of such member or named as a party in any suit partner or action, or service of process be made against any shareholder, director, officer, employee or agent an asset of Landlord, except as may be necessary to secure jurisdiction of the corporation. No partner, member, shareholder, director, employee, or agent of In no event shall Landlord (or of any affiliated entitysuch persons) shall ever be required liable to answer Tenant for indirect or otherwise plead to any service of process and no judgment will be taken or writ of execution levied against any partner, member shareholder, director, employee, or agent of Landlordconsequential damages.