Common use of Exculpatory Language Clause in Contracts

Exculpatory Language. In addition to the foregoing, the Saints shall cause each assignee of an Assignment permitted under this Section 5.2 to agree to the following exculpatory language, which language shall be included in each assignment, agreement, contract, license or sublease evidencing such permitted Assignment: [Assignee] acknowledges that the Saints’ interest in the Ballpark arises from its interest as a user under a use agreement (the “Use Agreement”) entered into with the City of Saint ▇▇▇▇ (the “City”), which is the fee owner of the Ballpark, and that any possessory or other rights with respect to the Ballpark granted to [Assignee] by this agreement terminate upon the expiration or termination of the Use Agreement. In addition, [Assignee] acknowledges that this agreement imposes no contractual obligations upon the City, unless, until and only if the City expressly assumes in writing the obligations of the Saints hereunder; that in the event of a default or breach under this agreement, of any kind or nature whatsoever, [Assignee] shall not look to the City at the time of the default or breach for a remedy or relief; that no council member, officer, employee, agent, independent contractor or consultant of the City shall be liable to [Assignee] or any successor in interest to [Assignee] in the event of any default or breach by the City under the Use Agreement or of any other obligation under the terms of this agreement; and that the Saints are not and shall not act as an agent of the City or in any manner contract for or bind the City.

Exculpatory Language. In addition to the foregoing, the Saints Club shall cause each assignee of an Assignment permitted under this Section 5.2 5.3 to agree to the following exculpatory language, which language shall be included in each assignment, agreement, contract, license or sublease evidencing such permitted Permitted Assignment: [Assignee] acknowledges that the Saints’ Club’s interest in the Ballpark Stadium arises from its interest as a user under a use agreement (the “Use Agreement”) entered into with the City of Saint ▇▇▇▇ Paul (the “City”), ) which is the fee owner of the Ballpark, Stadium and that any possessory or other rights with respect to the Ballpark Stadium granted to [Assignee] by this agreement terminate upon the expiration or termination of the Use Agreement. In addition, [Assignee] acknowledges that this agreement imposes no contractual obligations upon the City, unless, until and only if the City expressly assumes in writing the obligations of the Saints Club hereunder; that in the event of a default or breach under this agreement, of any kind or nature whatsoever, [Assignee] shall not look to the City at the time of the default or breach for a remedy or relief; that no council member, officer, employee, agent, independent contractor or consultant of the City shall be liable to [Assignee] or any successor in interest to [Assignee] in the event of any default or breach by the City under the Use Agreement or of any other obligation under the terms of this agreement; and that the Saints are Club is not and shall not act as an agent of the City or in any manner contract for or bind the City.