RecD98 1998-135753 - Laserfiche WebLink

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, . limited partner of Flatirons or any incorporator, shareholder, officer, director or affiliate, as such, past, present or future of such corporate managing general partner or other general partner or of any corporate limited partner or of any successor corporation to such corporate managing general partner or other general partner or any corporate limited partner of Flatirons, or against é[U1y direct or indirect parent corporation of such corporate managing general partner or other general partner or of any limited partner of Flatirons or any other subsidiary or affiliate of any such direct or indirect parent corporation or any incorporator, shareholder officer or director, as such, past, present or future, of any such parent or other subsidiary or affiliate, it being understood that Flatirons is a limited partnership formed for the purpose of owning the Flatirons' Property and Parcel B and acting as lessor to EAR on the express understanding aforesaid. Nothing contained in this Section 5 shall be construed to limit the exercise or enforcement, in accordance with the terms of this Agreement and any other documents referred to herein, of rights and remedies against the limited partnership or the corporate managing general partner or any other general partner of Flatirons or the assets of the limited partnership or the corporate managing general partner or any other general partner of Flatirons. As used in this Section 5, "affiliate" means any other person controlling, controlled by or under direct or indirect common control with such person; "person" means any individual, corporation, partnership, limited liability ~ompany, private limited company, joint venture, association joint- stock company, trust, unincorporated association, organ of government or any agency or political subdivision thereof; and "control," when used with any specified person, means the power to direct the management and poli~ies of such person, directly or indirectly, whether through the ownership of voting'securities, by contract or otherwise; and the terms" controlling" and "controlled" have meanings correlative to the foregoing. ! . d. Counterparts. This Agreement may be executed in counterparts, each of wruch shall be an original, but all of wruch together shall constitute one agreement. 6. Certain Shorebreeze Obligations. Connecticut General Life Insurance Company is one of the members of Shorebreeze, and is executing this Agreement as a member of Shorebreeze on behalf of its Separate Account~. "Separate Account R" is a separate account as defined in Sec. 3 (17) of the Employee Retirement I~come Security Act of 1974. To the extent there may be any liability on the part of Connecticut General Life Insurance Company, only the assets of such fund shall be bound for obligations of Separate Account R and no resort or recourse shall be had to any other assets of Connecticut General Life Insurance Company.