Laserfiche WebLink
of ownership of any interest in the Borrower to such mortgagee or financing party or any <br /> constituent owner of the Borrower,and(b)in the event of any such foreclosure by or other transfer <br /> of title to any mortgagee or financing party,as permitted in clause(a)(i)above,any such mortgagee <br /> or financing party(or any party taking by,through or under any such mortgagee or financing party) <br /> shall take title to the Project free and clear of any responsibility, obligation and/or liability under <br /> this Agreement and/or the Loan and without liability for the responsibilities, obligations and/or <br /> liabilities of the Borrower under this Agreement and/or with respect to the Loan. <br /> Section 7.14. Limitation of Liability. Notwithstanding anything contained herein to the <br /> contrary, the parties hereby agree that(i) the obligations of the Borrower hereunder shall not be <br /> recourse to the members,partners, shareholders, agents or employees of the Borrower; (ii)no <br /> punitive, special, speculative, loss of profit or consequential damages shall be awarded in any <br /> suit, action or other proceeding arising out of or based upon this Agreement or the subject matter <br /> hereof; (iii) the Borrower shall not be liable to the extent any liability hereunder arose from the <br /> fraud, gross negligence or willful misconduct of the City, Commission or any of their agents and <br /> (iv)the Borrower shall not be liable for any liability hereunder that first arises after the Borrower <br /> is no longer in possession of the Project. <br /> [Signature Page Follows] <br /> 15 <br />