Common use of Compliance with Laws, Instruments, Etc Clause in Contracts

Compliance with Laws, Instruments, Etc. At its expense, the Facility Lessee shall promptly (a) comply or cause compliance with all Applicable Laws, including those relating to pollution control, environmental protection, equal employment opportunity plans, Plans and employee safety, with respect to itself, the Facility or Facility Site, whether or not compliance therewith shall require structural changes in the Facility or any part thereof or require major changes in operational practices or interfere with the use and enjoyment of the Facility or any part thereof, and (b) procure, maintain and comply, or cause to be procured, maintained and complied with, all Applicable Permits, except in the case of clause (a) and (b) above (1) as may be contested in accordance with Section 7 or 8 of the Facility Lease and (2) the Facility Lessee may, in good faith and by appropriate proceedings, diligently contest the validity or application of any such Applicable Laws in any reasonable manner which does not involve any danger of (i) foreclosure, sale, forfeiture or loss of, or imposition of a material Lien on the Facility, (ii) impair the use, operation or maintenance of the Facility in any material respect, (iii) any criminal liability being incurred by the Owner Participant, the Owner Lessor, the Lessor Manager, the Indenture Trustee, the Lease Indenture Company, the Pass Through Trustees, the Pass Through Company or any Certificateholder, (iv) the Owner Participant, the Owner Lessor, the Lessor Manager, the Indenture Trustee, the Lease Indenture Company, the Pass Through Trustees, the Pass Through Company or any Certificateholder being subjected to any unindemnified civil liability or of the Owner Participant or the Owner Lessor being subject to regulation as a public utility under Applicable Law, or (v) any Material Adverse Effect.

Appears in 4 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

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Compliance with Laws, Instruments, Etc. At its expense, the Facility Lessee shall promptly (a) comply or cause compliance with all Applicable Laws, including those relating to pollution control, environmental protection, equal employment opportunity plans, Plans and employee safety, with respect to itself, the Facility, the Facility Site or Facility Sitethe Easement, whether or not compliance therewith shall require structural changes in the Facility or any part thereof or require major changes in operational practices or interfere with the use and enjoyment of the Facility or any part thereof, and (b) procure, maintain and comply, or cause to be procured, maintained and complied with, all Applicable Permits, except in the case of clause (a) and (b) above above, (1) as may be contested in accordance with Section 7 or 8 of the Facility Lease and (2) the Facility Lessee may, in good faith and by appropriate proceedings, diligently contest the validity or application of any such Applicable Laws in any reasonable manner which does not involve any danger of (i) foreclosure, sale, forfeiture or loss of, or imposition of a material Lien on the Facility, (ii) impair the use, operation or maintenance of the Facility in any material respect, (iii) any criminal liability being incurred by the Owner Participant, the Owner Lessor, the Lessor Manager, the Indenture Trustee, the Lease Indenture Company, the Pass Through Trustees, the Pass Through Company or any Certificateholder, (iv) the Owner Participant, the Owner Lessor, the Lessor Manager, the Indenture Trustee, the Lease Indenture Company, the Pass Through Trustees, the Pass Through Company or any Certificateholder being subjected to any unindemnified civil liability or of the Owner Participant or the Owner Lessor being subject to regulation as a public utility under Applicable Law, or (v) any Material Adverse Effect.

Appears in 4 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

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Compliance with Laws, Instruments, Etc. At its expense, the Facility Lessee shall promptly (a) comply or cause compliance with all Applicable Laws, including those relating to pollution control, environmental protection, equal employment opportunity plans, Plans and employee safety, with respect to itself, the Facility or the Facility Site, whether or not compliance therewith shall require structural changes in the Facility or any part thereof or require major changes in operational practices or interfere with the use and enjoyment of the Facility or any part thereof, and (b) procure, maintain and comply, or cause to be procured, maintained and complied with, all Applicable Permits, except in the case of clause (a) and or (b) above (1) as may be contested in accordance with Section 7 or 8 of the Facility Lease and (2) the Facility Lessee may, in good faith and by appropriate proceedings, diligently contest the validity or application of any such Applicable Laws in any reasonable manner which does not involve any danger of (i) foreclosure, sale, forfeiture or loss of, or imposition of a material Lien on the Facility, (ii) impair the use, operation or maintenance of the Facility in any material respect, (iii) any criminal liability being incurred by the Owner Participant, the Owner Lessor, the Lessor Manager, the Indenture Trustee, the Lease Indenture Company, the Pass Through Trustees, the Pass Through Company or any Certificateholder, (iv) the Owner Participant, the Owner Lessor, the Lessor Manager, the Indenture Trustee, the Lease Indenture Company, the Pass Through Trustees, the Pass Through Company or any Certificateholder being subjected to any unindemnified civil liability or of the Owner Participant or the Owner Lessor being subject to regulation as a public utility under Applicable Law, or (v) any Material Adverse Effect.

Appears in 4 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

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