Common use of Contract Matters Clause in Contracts

Contract Matters. Lessor hereby transfers to Lessee and assigns without warranty of any kind, during the Term, effective upon the Base Term Commencement Date and so long as no Event of Default exists and is continuing, any warranties made by any Contractor or any other Person under the Project Agreements with respect to the Facility but, in the event of a Force Majeure Event occurred during the Construction Period and any Default or Event of Default exists and is continuing as of the Base Term Commencement Date, Lessor’s assignment shall exclude Liquidated Damages (and such Liquidated Damages shall be retained by Lessor to reimburse Lessor for any Force Majeure Loss and, at Lessor’s discretion, retained by Lessor during the pendency of any Default hereunder as additional security and delivered to Lessee upon the cure of such Default or if such Default is not cured, then applied in accordance with Section 5.3 of the Participation Agreement after any expiration of the Lease). If necessary, Lessor will join in any proceedings to enforce any such warranties or permit them or any part thereof to be brought in its name if and so long as (i) no Event of Default exists and is continuing, (ii) Lessee has not elected the Sale Option and (iii) Lessee agrees in writing to pay, and pays, all related expenses and agrees in writing to indemnify Lessor, the Administrative Agent and the Participants, in form and substance reasonably satisfactory to each of the respective Indemnitees, in respect of any Claims relating to or arising out of such action. Lessee hereby acknowledges, and agrees to comply with and be bound by, the limitations of liability of and protection of each Contractor and each other Person against liability as and to the extent provided in each Project Agreement.

Contract Matters. Lessor hereby transfers to Lessee and assigns without warranty of any kind, during the Term, effective upon the Base Term Commencement Date and so long as no Event of Default exists and is continuing, any warranties made by any Contractor or any other Person under the Project Agreements with respect to the Facility but, in Facility. In the event of a Force Majeure Event occurred during the Construction Period and any Default or Event of Default exists and is continuing as of the Base Term Commencement Datecontinuing, Lessor’s such assignment shall exclude in each such case Liquidated Damages (and such Liquidated Damages shall be retained by Lessor to reimburse Lessor for any Force Majeure Loss andbe, at LessorXxxxxx’s discretion, retained by Lessor Xxxxxx during the pendency of any Event of Default hereunder as additional security and delivered to Lessee upon the cure of such Default or if such Default is not cured, then applied in accordance with Section 5.3 of the Participation Transaction Agreement after any expiration of the this Lease). If necessary, Lessor Xxxxxx will join in any proceedings to enforce any such warranties or permit them or any part thereof to be brought in its name if and so long as (i) no Event of Default exists and is continuing, (ii) Lessee has not elected the Sale Option and (iii) Lessee agrees in writing to pay, and pays, all related reasonable, actual, out-of-pocket, third-party expenses and agrees in writing to indemnify Lessor, the Administrative Agent and the Participants, in form and substance reasonably satisfactory to each of the respective Indemnitees, in respect of any Claims relating to or arising out of such action. Lessee Xxxxxx hereby acknowledges, acknowledges and agrees to comply with the terms, conditions and be bound by, provisions of the limitations of liability of and protection of each Contractor and each other Person against liability as and to the extent provided in each applicable Project Agreement.

Contract Matters. Lessor hereby transfers to Lessee and assigns without warranty of any kind, during the Term, effective upon the Base Term Commencement Date and so long as no Event of Default exists and is continuing, any warranties made by any Contractor or any other Person under the Project Agreements with respect to the Facility but, in the event of a Force Majeure Event occurred during the Construction Period and any Default or Event of Default exists and is continuing as of the Base Term Commencement Date, Lessor’s assignment shall exclude Liquidated Damages (and such Liquidated Damages shall be retained by Lessor to reimburse Lessor for any Force Majeure Loss and, at LessorXxxxxx’s discretion, retained by Lessor Xxxxxx during the pendency of any Default hereunder as additional security and delivered to Lessee upon the cure of such Default or if such Default is not cured, then applied in accordance with Section 5.3 of the Participation Agreement after any expiration of the Lease). If necessary, Lessor Xxxxxx will join in any proceedings to enforce any such warranties or permit them or any part thereof to be brought in its name if and so long as (i) no Event of Default exists and is continuing, (ii) Lessee has not elected the Sale Option and (iii) Lessee agrees in writing to pay, and pays, all related expenses and agrees in writing to indemnify Lessor, the Administrative Agent and the Participants, in form and substance reasonably satisfactory to each of the respective Indemnitees, in respect of any Claims relating to or arising out of such action. Lessee Xxxxxx hereby acknowledges, and agrees to comply with and be bound by, the limitations of liability of and protection of each Contractor and each other Person against liability as and to the extent provided in each Project Agreement.