Common use of LIMITATION OF LIABILITY OF THE MANAGER Clause in Contracts

LIMITATION OF LIABILITY OF THE MANAGER. The services of the Manager to BRC are not to be deemed to be exclusive, the Manager being free to render services to others and engage in other business activities. BRC acknowledges that the Manager and its officers, employees, trustee, associates and affiliates are entitled to the limitation of liability to the Fund and the Shareholders of the Fund and the indemnification from the Fund conferred upon them by the Limited Liability Company Agreement of the Fund. BRC agrees that the Manager and its officers, employees, trustee, associates and affiliates are entitled to the same limitation of liability to BRC and the stockholders of BRC and the same indemnification of BRC which has been conferred upon the directors and officers of BRC by the Charter and by-laws of BRC. The Manager shall not be liable for losses sustained in the acquisition, holding or disposition of any Real Estate Asset or other investment.

LIMITATION OF LIABILITY OF THE MANAGER. The services of the Manager to BRC are not to be deemed to be exclusive, the Manager being free to render services to others and engage in other business activities. BRC acknowledges that the Manager and its officers, employees, trustee, associates and affiliates are entitled to the limitation of liability to the Fund and the Shareholders of the Fund and the indemnification from the Fund conferred upon them by the Limited Liability Company Operating Agreement of the Fund. BRC agrees further acknowledges that the Manager and its officers, employees, trustee, associates and affiliates are entitled to the same limitation of liability to BRC and the stockholders of BRC and the same indemnification of BRC which has been conferred upon the directors and officers of BRC them by the Charter and by-laws of BRC. The Manager shall not be liable for losses sustained in the acquisition, holding or disposition of any Real Estate Asset or other investment.