Common use of Satisfaction of Remedies Clause in Contracts

Satisfaction of Remedies. Subject to the provisions of this Section 22.3, Landlord shall not be personally liable for the performance of Landlord’s obligations under this Lease and if Tenant acquires any rights or remedies against Landlord under this Lease (including, but not limited to, the right to satisfy a judgment), these rights and remedies shall be satisfied solely from the lesser of the following interests: (i) the Landlord’s estate and interest in the Land and the Project (including all rental income, net sales, condemnation awards and any insurance proceeds which Landlord receives which are not used to repair or rebuild the Project) and (ii) the equity that Landlord’s estate and interest in the Land and the Project (including all rental income, net sales, condemnation awards and any insurance proceeds which Landlord receives which are not used to repair or rebuild the Project) would have been if the Land and Project were encumbered by a mortgage equal to eighty percent (80%) of the value of the Land and the Project. This article shall be enforceable by Landlord and Landlord’s Affiliates. In no event shall Landlord be liable to Tenant for Tenant’s consequential damages and, except with respect to a holdover, in no event shall Tenant be liable to Landlord for Landlord’s consequential damages.

Satisfaction of Remedies. Subject to the provisions of this Section ------------------------ ------- 22.3, Landlord shall not be personally liable for the performance of Landlord’s 's ---- obligations under this Lease and if Tenant acquires any rights or remedies against Landlord under this Lease (including, but not limited to, the right to satisfy a judgment), these rights and remedies shall be satisfied solely from the lesser of the following interests: (i) the Landlord’s 's estate and interest in the Land and the Project (including all rental income, net sales, condemnation awards and any insurance proceeds which Landlord receives which are not used to repair or rebuild the Project) and (ii) the equity that Landlord’s 's estate and interest in the Land and the Project (including all rental income, net sales, condemnation awards and any insurance proceeds which Landlord receives which are not used to repair or rebuild the Project) would have been if the Land and Project were encumbered by a mortgage equal to eighty percent (80%) of the value of the Land and the Project. This article shall be enforceable by Landlord and Landlord’s 's Affiliates. In no event shall Landlord be liable to Tenant for Tenant’s 's consequential damages and, except with respect to a holdover, in no event shall Tenant be liable to Landlord for Landlord’s 's consequential damages.