Common use of Limitations on Recourse Clause in Contracts

Limitations on Recourse. The parties hereto agree that, except as specifically set forth in the Lease or in any other Operative Document, Lessor shall have no personal liability whatsoever to Lessee, the Rent Assignees, the Administrative Agent or any of their respective successors and assigns for any claim based on or in respect of this Lease or any of the other Operative Documents or arising in any way from the Overall Transaction; provided, however, that Lessor shall be liable (a) for its own willful misconduct or gross negligence (or negligence in the handling of funds), (b) for any Tax based on, with respect to or measured by any income, fees, commission, compensation or other amounts received by it as compensation for services (including for acting as Lessor) or otherwise under, or as contemplated by, the Operative Documents, (c) Lessor Liens on the Leased Property, (d) for its representations and warranties made in the Participation Agreement, any other Operative Documents or in any certificate or documents delivered pursuant thereto, (e) for its failure to perform any of its covenants and agreements set forth in the Participation Agreement or any other Operative Document, and (f) as otherwise expressly provided in the Operative Documents; provided in no event shall Lessor’s liability exceed the amount funded by Lessor under the Lessor Commitment.

Limitations on Recourse. The parties hereto agree that, except as specifically set forth in the Lease or in any other Operative Document, Lessor Bank shall have no personal liability whatsoever to Lessee, the Rent Assignees, the Administrative Agent Lessee or any of their its respective successors and assigns for any claim based on or in respect of this Lease or any of the other Operative Documents or arising in any way from the Overall Transaction; providedPROVIDED, howeverHOWEVER, that Lessor Bank shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence (or negligence in the handling of funds), (b) for any Tax based on, with respect to or measured by any income, fees, commission, compensation or other amounts received by it as compensation for services (including for acting as Lessor) or otherwise under, or as contemplated by, the Operative Documents, (c) Lessor Liens on the Leased PropertyProperty which are attributable to it, (d) for its representations and warranties made in its individual capacity in the Participation Agreement, any other Operative Documents Agreement or in any certificate or documents delivered pursuant thereto, (e) for its failure to perform any of its covenants and agreements set forth in the Participation Agreement or any other Operative Document, and (f) as otherwise expressly provided in the Operative Documents; provided in no event shall Lessor’s liability exceed the amount funded by Lessor under the Lessor Commitment.

Limitations on Recourse. The parties hereto agree that, except as specifically set forth in the this Lease or in any other Operative Document, Lessor shall have no personal liability whatsoever to the Lessee, the Rent Assignees, the Administrative Agent or any of their respective successors and assigns for any claim based on or in respect of this Lease or any of the other Operative Documents or arising in any way from the Overall Transaction; provided, however, that Lessor shall be liable (a) for its own willful misconduct or gross negligence (or negligence in the handling of funds), (b) for any Tax based on, with respect to or measured by any income, fees, commission, compensation or other amounts received by it as compensation for services (including for acting as Lessor) or otherwise under, or as contemplated by, the Operative Documents, (c) Lessor Liens on the Leased PropertyProperty which are attributable to it, (d) for its representations and warranties made in the Participation Agreement, any other Operative Documents Agreement or in any certificate or documents delivered pursuant thereto, (e) for its failure to perform any of its covenants and agreements set forth in the Participation Agreement or any other Operative Document, and (f) as otherwise expressly provided in the Operative Documents; provided in no event shall Lessor’s liability exceed the amount funded of its interest in the Facility (except that, notwithstanding this proviso, Lessor shall remain liable for actual damages caused by Lessor under the Lessor Commitmentits gross negligence or willful misconduct).

Limitations on Recourse. The parties hereto agree that, except as specifically set forth in the this Lease or in any other Operative Document, Lessor shall have no personal liability whatsoever to the Lessee, the Rent AssigneesLenders, the Administrative Agent or any of their respective successors and assigns for any claim based on or in respect of this Lease or any of the other Operative Documents or arising in any way from the Overall Transaction; provided, however, that Lessor shall be liable (a) for its own willful misconduct or gross negligence (or negligence in the handling of funds), (b) for any Tax based on, with respect to or measured by any income, fees, commission, compensation or other amounts received by it as compensation for services (including for acting as Lessor) or otherwise under, or as contemplated by, the Operative Documents, (c) Lessor Liens on the Leased PropertyProperty which are attributable to it, (d) for its representations and warranties made in the Participation Agreement, any other Operative Documents Agreement or in any certificate or documents delivered pursuant thereto, (e) for its failure to perform any of its covenants and agreements set forth in the Participation Agreement or any other Operative Document, and (f) as otherwise expressly provided in the Operative Documents; provided in no event shall Lessor’s liability exceed the amount funded of its interest in the Facility (except that, notwithstanding this proviso, Lessor shall remain liable for actual damages caused by Lessor under the Lessor Commitmentits gross negligence or willful misconduct).

Limitations on Recourse. The parties hereto agree that, except as specifically set forth in the this Lease or in any other Operative Document, Lessor Lease Plan North America, Inc. shall have no personal liability whatsoever to Lessee, the Rent Assignees, the Administrative Agent Lessee or any of their its respective successors and assigns for any claim based on or in respect of this Lease or any of the other Operative Documents or arising in any way from the Overall Transaction; provided, however, that Lessor Lease Plan North America, Inc. shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence (or negligence in the handling of funds), (b) for any Tax based on, with respect to or measured by any income, fees, commission, compensation or other amounts received by it as compensation for services (including for acting as Agent Lessor) or otherwise under, or as contemplated by, the Operative Documents, (c) Lessor Liens on the Leased PropertyPremises which are attributable to it, (d) for its representations and warranties made in its individual capacity in the Participation Agreement, any other Operative Documents Agreement or in any certificate or documents delivered pursuant thereto, (e) for its failure to perform any of its covenants and agreements set forth in the Participation Agreement or any other Operative Document, and (f) as otherwise expressly provided in the Operative Documents; provided in no event shall Lessor’s liability exceed . The provisions of Article XVI of the amount funded Participation Agreement are incorporated herein by Lessor under the Lessor Commitmentreference as if fully set forth herein.

Limitations on Recourse. The parties hereto agree that, except as specifically set forth in the this Lease or in any other Operative Document, Lessor shall have no personal liability whatsoever to Lessee, the Rent AssigneesParticipant Interest Parties, the Administrative Agent or any of their respective successors and assigns for any claim based on or in respect of this Lease or any of the other Operative Documents or arising in any way from the Overall Transaction; provided, however, that Lessor shall be liable (a) for its own willful misconduct or gross negligence (or negligence in the handling of funds), (b) for any Tax based on, with respect to or measured by any income, fees, commission, compensation or other amounts received by it as compensation for services (including for acting as Lessor) or otherwise under, or as contemplated by, the Operative Documents, (c) Lessor Liens on the Leased PropertyProperty which are attributable to it, (d) for its representations and warranties made in the Participation Agreement, any other Operative Documents Transaction Agreement or in any certificate or documents delivered pursuant thereto, (e) for its failure to perform any of its covenants and agreements set forth in the Participation Transaction Agreement or any other Operative Document, and (f) as otherwise expressly provided in the Operative Documents; provided in no event shall Lessor’s liability exceed the amount funded by Lessor under of its interest in the Lessor CommitmentFacility.

Limitations on Recourse. The parties hereto agree that, except as specifically set forth in that the Lease or in any other Operative Document, Lessor shall have no personal liability whatsoever to Lessee, the Rent Assignees, the Administrative Agent Lessee or any of their respective its successors and assigns for any claim based on or in respect of this Lease or any of the other Operative Documents or arising in any way from the Overall Transactiontransactions contemplated hereby or thereby; provided, however, that the Lessor shall be liable in its individual capacity (a) for its own willful misconduct or gross negligence (or negligence in the handling of funds), (b) for liabilities that may result from the incorrectness of any Tax representation or warranty expressly made by it in Section 8.1 of the Participation Agreement or (c) for any Taxes based on, with respect to on or measured by any income, fees, commission, commission or compensation or other amounts received by it as compensation for services (including for acting as Lessor) or otherwise under, or the Lessor as contemplated by, by the Operative Documents. It is understood and agreed that, (c) Lessor Liens on the Leased Property, (d) for its representations and warranties made except as provided in the Participation Agreement, preceding proviso: (i) the Lessor shall have no personal liability under any other of the Operative Documents or in any certificate or documents delivered as a result of acting pursuant thereto, (e) for its failure to perform and consistent with any of its covenants and agreements set forth in the Participation Agreement or any other Operative Document, and (f) as otherwise expressly provided in the Operative Documents; provided in no event shall Lessor’s liability exceed the amount funded by Lessor under (ii) all obligations of the Lessor Commitmentto the Lessee are solely nonrecourse obligations except to the extent that it has received payment from others and are enforceable solely against the Lessor's interest in the Property; and (iii) all such personal liability of the Lessor is expressly waived and released as a condition of, and as consideration for, the execution and delivery of the Operative Documents by the Lessor.