CC PACKET 11222016 - Laserfiche WebLink

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E. No Termination. It is expressly agreed that no breach, whether or not material, of the provisions of this Agreement shall entitle any Owner to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or remedies which any Owner may have hereunder by reason of any breach of the provisions of this Agreement. F. Limitation on Liability. Notwithstanding anything to the contrary contained herein, other than liability for Common Expenses which shall not be limited, in the event an Owner recovers a money judgment against a defaulting Owner under this Agreement, the judgment shall be satisfied only out of the right, title and interest of the defaulting Owner in the Shopping Center; provided that the foregoing shall not limit any right that an Owner might have to obtain injunctive relief or to maintain any suit or action in connection with the enforcement or collection of damages to the extent that such damages are payable under policies of liability insurance maintained by an Owner. Each Owner agrees that there shall be no individual liability of any partners, officers, directors, shareholders or employees of an Owner with respect to any claims under this Agreement and expressly waives any and all rights to proceed against such parties. 11. EMINENT DOMAIN. In the event any portion of the Shopping Center shall be taken by the power of eminent domain, the award shall be paid to the Owner owning the land or the improvement taken, except that (a) if the taking includes a portion of the Common Areas, the portion of the award allocable thereto shall be used to relocate, replace or restore such portion of the Common Areas to a useful condition, and (b) if the taking includes easement rights, the portion of the award allocable to such easement rights shall be paid to the respective grantees thereof. In addition to the foregoing, if a separate claim can be filed for the taking of any other property interest existing pursuant to this Agreement which does not reduce or diminish the amount paid to the Owner of the land or the improvement taken, then the Owner of such other property interest shall have the right to seek an award for the taking of such interest. The term “eminent domain” shall include the taking or damaging of property by, through or under any governmental or quasi-governmental authority, and any purchase or acquisition in lieu thereof, whether or not the taking or damaging is by the government or any other Person. 12. SIGNS. Occupants of buildings within the Center shall be permitted to install on such buildings such signage as may be approved by the City of St. Anthony under its sign ordinance. 13. TERMINATION OF COVENANT LIABILITY. Whenever a transfer of ownership of any Lot (or any part thereof) takes place, liability of the transferor for breach of this Declaration occurring thereafter with respect to the transferred Lot shall automatically terminate, except that a transferor shall remain liable for any obligations that arise prior to the date of such transfer that have not been performed. 14. BINDING EFFECT. The terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the tenants, employees, heirs, legal representatives, successors and assigns of the parties hereto. The covenants, agreements and easements contained herein shall be deemed to run with, burden and benefit each of the Lots. 50