Common use of Exculpatory Clause Clause in Contracts

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not personally, but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30, 1985 and known as Trust Number 66360 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor to keep, preserve or sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee has no agents or employees and merely holds naked title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Appears in 1 contract

Sources: Industrial Building Lease (Vysis Inc)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOAmerican National Bank and Trust Company of Chicago, Illinois, not personally, personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30June 11, 1985 1985, and known as Trust Number 66360 at said Bank64661 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor to keep, preserve or sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee has no agents agent or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Appears in 1 contract

Sources: Industrial Space Lease (Tekgraf Inc)

Exculpatory Clause. This Amendment to Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOAmerican National Bank and Trust Company of Chicago, not personally, personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December July 30, 1985 and known as Trust Number 66360 65110 at said Bank. It is expressly understood and agreed that nothing Nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor to keep, preserve or sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries beneficiaries, to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said The Trustee has no agents or employees and merely holds naked title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter matters with respect to said premisesthe Premises, except as represented to it by the beneficiary or beneficiaries of said the Trust.

Appears in 1 contract

Sources: Lease (Mmi Companies Inc)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOExcept with respect to any damages resulting from the gross negligence of Landlord, its agents, or employees, Landlord shall not personallybe liable to Tenant, but as Trustee as aforesaidits agents, in the exercise of the power and authority conferred upon and vested in employees, or customers for any damages, losses, compensation, accidents, or claims whatsoever. The foregoing notwithstanding, it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30, 1985 and known as Trust Number 66360 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor or to keep, preserve or sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by Tenant, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Leased Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, Tenant’s occupancy of the building or Landlord’s ownership of the Leased Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord’s fee simple estate in the Real Estate and the rents and profits thereof, and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by fee simple estate and the beneficiary or beneficiaries of said Trustrents and profits thereof.

Appears in 1 contract

Sources: Office Space Lease (Retail Ventures Inc)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOLandlord, not personally, but as Trustee trustee (hereinafter "Trustee") pursuant to a certain Trust Agreement dated August 27, 1982 and known as aforesaidTrust Number 105272 (hereinafter "Trust Agreement"), in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries Landlord's Beneficiaries, and subject to all provisions of a certain the Trust Agreement dated December 30Agreement, 1985 and known as Trust Number 66360 at said Bankto which the Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said the Trustee personally or said beneficiariesLandlord's Beneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor to keep, preserve preserve, or sequester any property of said the Trust, and that all personal liability of said Trustee (the Trustee, and said beneficiaries to the extent permitted by law)Landlord's Beneficiaries, of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time Estate, which is the Building, subject to the provisions of said the Trust Agreement Agreement, for the payment thereof. It is further understood and agreed that the said Trustee has no agents or employees and merely holds naked title a leasehold interest to the property herein described Building and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases leases, or other factual matter with respect to said premisesthe Building, except as represented to it by the beneficiary or beneficiaries of said Trust.Landlord's Beneficiaries. THE BALANCE OF THIS PAGE IS INTENTIONALLY OMITTED

Appears in 1 contract

Sources: Lease Agreement (Delphi Information Systems Inc /De/)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOLaSalle National Trust, N.A., as Trustee, not personally, personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30July 3, 1985 1996, and known as Trust Number 66360 120358 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any a covenant, either express or implied, herein contained, nor to keep, preserve or sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries beneficiaries, to the extent permitted by law), of every sort, if any, is hereby expressly waived by TenantLessee, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee has no agents or employees and merely holds naked title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premisesPremises, except as represented to it by the beneficiary or beneficiaries of the said Trust.

Appears in 1 contract

Sources: Industrial Building Lease (Successories Inc)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOLandlord shall not be liable to Tenant, not personallyits agents, but as Trustee as aforesaidemployees, in the exercise or customers or family members of any of the power and authority conferred upon and vested in same for any damages, losses, compensation, accidents, or claims whatsoever. The foregoing notwithstanding, it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30, 1985 and known as Trust Number 66360 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor or to keep, preserve or sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by Tenant, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; , and that so far as the parties hereto are concerned concerned, the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, Tenant's occupancy of the Building or Landlord's ownership of the Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord's interest in the Premises (whichever is applicable) and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by the beneficiary or beneficiaries of said TrustPremises.

Appears in 1 contract

Sources: Lease Agreement (Norcross Capital Corp)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not personally, but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30, 1985 and known as Trust Number 66360 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor or to keep, preserve or sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by Tenant, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Leased Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, Tenant's occupancy of the building or Landlord's ownership of the Leased Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord's fee simple or leasehold estate in the Leased Premises (whichever is applicable) and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by the beneficiary fee simple or beneficiaries of said Trustleasehold estate.

Appears in 1 contract

Sources: Asset Purchase Agreement (Acacia Automotive Inc)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOExcept with respect to any damages resulting from the gross negligence of Landlord, its agents, or employees, Landlord shall not personallybe liable to Tenant, but as Trustee as aforesaidits agents, in the exercise of the power and authority conferred upon and vested in employees, or customers for any damages, losses, compensation, accidents, or claims whatsoever. The foregoing notwithstanding, it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30, 1985 and known as Trust Number 66360 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor or to keep, preserve or sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by Tenant▇▇▇▇▇▇, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Leased Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, ▇▇▇▇▇▇'s occupancy of the building or Landlord's ownership of the Leased Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord's fee simple estate in the Real Estate and the rents and profits thereof, and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by fee simple estate and the beneficiary or beneficiaries of said Trustrents and profits thereof.

Appears in 1 contract

Sources: Warehouse Lease Agreement (DSW Inc.)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOExcept with respect to any damages resulting from the gross negligence of Landlord, its agents, or employees, Landlord shall not personallybe liable to Tenant, but as Trustee as aforesaidits agents, in the exercise of the power and authority conferred upon and vested in employees, or customers for any damages, losses, compensation, accidents, or claims whatsoever. The foregoing notwithstanding, it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30, 1985 and known as Trust Number 66360 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor or to keep, preserve or sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by TenantT▇▇▇▇▇, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Leased Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, T▇▇▇▇▇’s occupancy of the building or Landlord’s ownership of the Leased Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord’s fee simple estate in the Real Estate and the rents and profits thereof, and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by fee simple estate and the beneficiary or beneficiaries of said Trustrents and profits thereof.

Appears in 1 contract

Sources: Industrial Lease (DSW Inc.)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOExcept with respect to any damages resulting from the gross negligence of Landlord, its agents, or employees, Landlord shall not personallybe liable to Tenant, but as Trustee as aforesaidits agents, in the exercise of the power and authority conferred upon and vested in employees, or customers for any damages, losses, compensation, accidents, or claims whatsoever. The foregoing notwithstanding, it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30, 1985 and known as Trust Number 66360 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally Landlord personally, its members, officers, directors, shareholders or said beneficiariespartners, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor or to keep, preserve or sequester any property of said TrustLandlord, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), Landlord of every sort, if any, is hereby expressly waived by Tenant▇▇▇▇▇▇, to the extent permitted by law, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned concerned, the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement Leased Premises for the payment thereof. It is further understood and agreed that If the said Trustee has no agents Tenant obtains a money judgment against Landlord, any of its officers, directors, shareholders, partners, or employees and merely holds naked title to the property herein described and has no control over the management thereof their successors or the income therefrom and has no knowledge respecting rentals, leases assigns under any provisions of or other factual matter with respect to this Lease or on account of any matter, condition or circumstance arising out of the relationship of the parties under this Lease, ▇▇▇▇▇▇’s occupancy of the building or Landlord’s ownership of the Leased Premises, Tenant shall be entitled to have execution upon any such final, unappealable judgment only upon Landlord’s fee simple estate in the Real Estate and the rents and profits thereof, and not out of any other assets of Landlord, or any of its members, officers, directors, shareholders or partners, or their successor or assigns; and Landlord shall be entitled to have any such judgment so qualified as to constitute a lien only on said premises, except as represented to it by fee simple estate and the beneficiary or beneficiaries of said Trustrents and profits thereof.

Appears in 1 contract

Sources: Industrial Lease

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOLaSalle National Trust, N.A., not personally, personally but as Successor Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries beneficiary of a certain Trust Agreement dated December 30February 9, 1985 1990, and known as Trust Number 66360 at said Bank115264. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiariesbeneficiaries or their agents, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor to keep, preserve or sequester any property of said Trust, that said Trustee is not the agent of the beneficiaries and has no authority to bind the beneficiaries to perform any covenant or agreement herein, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the The parties hereto are concerned have caused this Lease to be executed on the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereofdate first above written. It is further understood and agreed that the said LANDLORD: LaSALLE NATIONAL BANK, successor Trustee has no agents or employees and merely holds naked title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentalsTo: LASALLE NATIONAL TRUST, leases or other factual matter with respect to said premisesN.A., except not individually but as represented to it by the beneficiary or beneficiaries of said Trust.Successor ATTEST: Trustee as aforesaid /s/ NANC▇ ▇. ▇▇▇▇▇ By /s/ [SIGNATURE ILLEGIBLE] ------------------------------- ------------------------------------ Asst. Secretary Its Vice President -------------------------------- TENANT:

Appears in 1 contract

Sources: Sublease (Quintus Corp)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOAmerican National Bank and Trust Company of Chicago, not personally, personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December July 30, 1985 1985, and known as Trust Number 66360 65110 at said Bank. It is expressly understood and agreed that nothing Nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor to keep, preserve or sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries beneficiaries, to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said The Trustee has no agents or employees and merely holds naked title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter matters with respect to said premisesthe Premises, except as represented to it by the beneficiary or beneficiaries of said the Trust.

Appears in 1 contract

Sources: Lease Agreement (Wintrust Financial Corp)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOAmerican National Bank & Trust Company, not personally, personally but as Trustee as aforesaid, in the exercise of the and power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30September 15, 1985 1976, and known as Trust Number 66360 at said Bank39340 to all provisions of which Trust Agreement this Lease is expressly made subject. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular, particular without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, implied herein contained, nor to keep, preserve or sequester acquiesce any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness or of liability accruing hereunder 51 shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Appears in 1 contract

Sources: Lease Amendment (Mfri Inc)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOLaSalle National Trust, N.A. as Successor Trustee to LaSalle National Bank, not personally, but solely as Trustee under a Trust Agreement dated October 8, 1982 and known as aforesaidTrust No. 105454, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30October 8, 1985 1982 and known as Trust Number 66360 at said BankNo. 105454. It is expressly understood and agreed that nothing in this the Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiariesbeneficiaries or their agents, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenantcovenants, either express or implied, herein contained, nor to keep, preserve or sequester the beneficiaries and has no authority to bind the beneficiaries to perform any property of said Trustcovenant or agreement herein, and that all personal liability of said Trustee (and said beneficiaries and their agents, to the extent permitted by law), ) of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness or of liability accruing hereunder shall look solely to the Trust Estate trust estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said Trustee trustee has no agents or employees and merely holds naked legal title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premisesPremises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Appears in 1 contract

Sources: Lease (Option Care Inc/De)

Exculpatory Clause. This Amendment to Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOAmerican National Bank and Trust Company of Chicago, not personally, personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December July 30, 1985 and known as Trust Number 66360 65110 at said Bank. It is expressly understood and agreed that nothing Nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor to keep, preserve or sequester any property of said Trust, and that all personal liability of said Trustee (and said beneficiaries beneficiaries, to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any indebtedness or liability accruing hereunder shall look solely to the Trust Estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It is further understood and agreed that the said The Trustee has no agents or employees and merely holds naked title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter matters with respect to said premisesthe Premises, except as represented to it by the beneficiary or beneficiaries of said the Trust.

Appears in 1 contract

Sources: Lease (Mmi Companies Inc)

Exculpatory Clause. This Lease is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGOAmerican National Bank and Trust Company of Chicago, not personally, personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of a certain Trust Agreement dated December 30September 6, 1985 1985, and known as Trust Number 66360 No. 65453 at said Bank. It is expressly understood and agreed that nothing in this Lease contained shall be construed as creating any liability whatsoever against said Trustee personally or said beneficiaries, and in particular, without limiting the generality of the foregoing, there shall be no personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained, nor to keep, preserve or sequester any property of or said Trust, and that all personal liability of said Trustee (and said beneficiaries beneficiaries, to the extent permitted by law), of every sort, if any, is hereby expressly waived by Tenant, and by every person now or hereafter claiming any right or security hereunder; and that so far as the parties hereto are concerned the owner of any the indebtedness or liability accruing hereunder shall look solely to the Trust Estate trust estate from time to time subject to the provisions of said Trust Agreement for the payment thereof. It If is further understood and agreed that the said Trustee has no agents or employees and merely holds naked title to the property herein described and has no control over the management thereof or the income therefrom and has no knowledge respecting rentals, leases or other factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said Trust.

Appears in 1 contract

Sources: Lease Agreement (Neomedia Technologies Inc)