Cogen's ECRA Liability Sample Clauses

Cogen's ECRA Liability. If Cogen at any time triggers ECRA with respect to any of Exxon's Property other than the Demised Premises (and perhaps a butane supply line extending to the Demised Premises and the electrical interconnect lines from the Cogeneration Facility and the ground underlying those lines), or if Cogen triggers ECRA with respect to the Demised Premises before or within two years after the Date of Initial Commercial operation, unless the action which causes Cogen to trigger ECRA is beyond Cogen's control (including bankruptcy of Cogen or foreclosure of the liens of the Financier), Cogen will be deemed to be in default under this Ground Lease Agreement and will be liable for and will promptly reimburse Exxon for all expenses which Exxon reasonably incurs because of such triggering of ECRA, up to a maximum of $10 million. Exxon will not be entitled to be paid any other sums for damages to Exxon arising from such breach by Cogen. Payment by Cogen of such expenses of Exxon (up to the maximum of $10 million), however, will not be deemed to cure such default by Cogen pursuant to the first sentence of this Section 10.4, but instead Exxon, in addition to the right to be so paid, shall be entitled to terminate this Ground Lease for such default pursuant to Section 16.1A, but subject to the Financier's cure right described in Section 16.4B. If Cogen triggers ECRA with respect to the Demised Premises (and perhaps a butane supply line extending to the Demised Premises and the electrical interconnect lines from the Cogeneration Facility and the land underlying those lines) before or within two years after the Date of Initial Commercial Operation because of a cause beyond its control (including bankruptcy of Cogen or foreclosure of the liens of the Financier), or if Cogen triggers ECRA with respect to the Demised Premises (and perhaps a butane supply line extending to the Demised Premises and the electrical interconnect lines from the Cogeneration Facility and the land underlying those lines) more than two years and less than fifteen years after the Date of Initial Commercial Operation, Cogen will not be deemed to be in default of this Ground Lease Agreement, but will be liable for and will promptly reimburse Exxon for all expenses reasonably incurred by Exxon in order to comply with ECRA, up to a maximum of $2 million. The $10 million maximum and the $2 million maximum will not apply to Cogen's liability under Sections 10.1 and 10.2 above. Cogen's obligation under this Section ...