Common use of ACKNOWLEDGMENTS BY XXXXXXXX Clause in Contracts

ACKNOWLEDGMENTS BY XXXXXXXX. Borrower, by its execution hereof, acknowledges and agrees that notwithstanding any term to the contrary in the Contract, PacifiCorp may perform as set forth herein and that neither the execution of this Consent, the performance by PacifiCorp of any of the obligations of PacifiCorp hereunder, the exercise of any of the rights of PacifiCorp hereunder, or the acceptance by PacifiCorp of performance of the Contract by any party other than Borrower shall (1) release Borrower from any obligation of Borrower under the Contract, (2) constitute a consent by PacifiCorp to, or impute knowledge to PacifiCorp of, any specific terms or conditions of the Financing Agreement, the Security Agreement or any of the other Financing Documents, or (3) constitute a waiver by PacifiCorp of any of its rights under the Contract. Xxxxxxxx and Administrative Agent acknowledge hereby for the benefit of PacifiCorp that none of the Financing Agreement, the Security Agreement, the Financing Documents or any other documents executed in connection therewith alter, amend, modify or impair (or purport to alter, amend, modify or impair) any provisions of the Contract. Borrower shall have no rights against PacifiCorp on account of this Consent.

ACKNOWLEDGMENTS BY XXXXXXXX. Borrower, by its execution hereof, acknowledges and agrees that notwithstanding any term to the contrary in the ContractPPA, PacifiCorp may perform as set forth herein and that neither the execution of this Consent, the performance by PacifiCorp of any of the obligations of PacifiCorp hereunder, the exercise of any of the rights of PacifiCorp hereunder, or the acceptance by PacifiCorp of performance of the Contract PPA by any party other than Borrower shall (1) release Borrower from any obligation of Borrower under the ContractPPA, (2) constitute a consent by PacifiCorp to, or impute knowledge to PacifiCorp of, any specific terms or conditions of the Financing Agreement, the Security Agreement or any of the other Financing Documents, or (3) constitute a waiver by PacifiCorp of any of its rights under the ContractPPA. Xxxxxxxx and Administrative Agent acknowledge hereby for the benefit of PacifiCorp that none of the Financing Agreement, the Security Agreement, the Financing Documents or any other documents executed in connection therewith alter, amend, modify or impair (or purport to alter, amend, modify or impair) any provisions of the ContractPPA. Borrower shall have no rights against PacifiCorp on account of this Consent.

ACKNOWLEDGMENTS BY XXXXXXXX. Borrower, by its execution hereof, acknowledges and agrees that notwithstanding any term to the contrary in the ContractESA, PacifiCorp may perform as set forth herein and that neither the execution of this Consent, the performance by PacifiCorp of any of the obligations of PacifiCorp hereunder, the exercise of any of the rights of PacifiCorp hereunder, or the acceptance by PacifiCorp of performance of the Contract ESA by any party other than Borrower shall (1) release Borrower from any obligation of Borrower under the ContractESA, (2) constitute a consent by PacifiCorp to, or impute knowledge to PacifiCorp of, any specific terms or conditions of the Financing Agreement, the Security Agreement or any of the other Financing Documents, or (3) constitute a waiver by PacifiCorp of any of its rights under the ContractESA. Xxxxxxxx Borrower and Administrative Agent acknowledge hereby for the benefit of PacifiCorp that none of the Financing Agreement, the Security Agreement, the Financing Documents or any other documents executed in connection therewith alter, amend, modify or impair (or purport to alter, amend, modify or impair) any provisions of the ContractESA. Borrower shall have no rights against PacifiCorp on account of this Consent.

ACKNOWLEDGMENTS BY XXXXXXXX. Borrower, by its execution hereof, acknowledges and agrees that notwithstanding any term to the contrary in the Contract, PacifiCorp may perform as set forth herein and that neither the execution of this Consent, the performance by PacifiCorp SMUD of any of the obligations of PacifiCorp SMUD hereunder, the exercise of any of the rights of PacifiCorp SMUD hereunder, or the acceptance by PacifiCorp SMUD of performance of the Contract Power Purchase Agreement by any party other than Borrower shall (1) release Borrower from any obligation of Borrower under the ContractPower Purchase Agreement or Interconnection Agreement, (2) constitute a consent by PacifiCorp SMUD to, or impute knowledge to PacifiCorp SMUD of, any specific terms or conditions of the Financing Agreement, the Security Agreement or any of the other Financing Documents, or (3) except as expressly set forth in this Consent, constitute a waiver by PacifiCorp SMUD of any of its rights under the ContractPower Purchase Agreement or Interconnection Agreement. Xxxxxxxx and Administrative Agent acknowledge hereby for the benefit of PacifiCorp SMUD that none of the Financing Agreement, the Security Agreement, the Financing Documents or any other documents executed in connection therewith alter, amend, modify or impair (or purport to alter, amend, modify or impair) any provisions of the Contract. Borrower shall have no rights against PacifiCorp on account of this ConsentPower Purchase Agreement.