Disclaimer of Certain Duties. The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.
Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Security Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party or the Lender Group to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral (other than for acts or omissions that constitute gross negligence or willful misconduct).
Disclaimer of Certain Duties. (a) The powers conferred upon the Collateral Agent by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon the Collateral Agent or any Secured Party to exercise any such powers. Debtor hereby agrees that the Collateral Agent shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Collateral Agent's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.
Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral. Nothing herein shall affect any obligation of Secured Party to the Holders under the New Indenture or under applicable law.
Disclaimer of Certain Duties. (a) The powers conferred upon the Collateral Agent by this Agreement are to protect the Collateral Agent's interest in the Collateral and shall not impose any duty upon the Collateral Agent to exercise any such powers. Each Obligor hereby agrees that the Collateral Agent shall not be liable for, nor shall the Obligations be diminished by, the Collateral Agent's delay or failure to collect upon, foreclose, sell, take possession of, or otherwise obtain value for the Collateral.
Disclaimer of Certain Duties. Each Member acknowledges its express intent, and agrees with each other Member for the mutual benefit of all the Members, that:
Disclaimer of Certain Duties. All material and equipment that will comprise the Transmission Line (including material and equipment procured prior to the Effective Date) shall be jointly owned by the Parties as tenants-in-common in accordance with their respective Ownership Shares. (b) Each Party and its Affiliates may engage in and possess interests in other business ventures of any and every type and description, independently or with others, including ones in competition with the other Party and its Affiliates or the Project. Each Party represents and warrants to the other Party as of the Effective Date that:
Disclaimer of Certain Duties. Neither Party nor any of its Affiliates shall owe a fiduciary duty or duty of loyalty to the other Party or any of its Affiliates in connection with this Agreement, the Project or the exercise, granting or withholding of its voting, consent or approval rights under this Agreement. To the maximum extent permitted by applicable Law, each Party hereby releases and forever discharges the other Party and its Representative(s) from all liabilities based on a breach or violation of any fiduciary duty or duty of loyalty.
Disclaimer of Certain Duties. (a) The powers conferred upon Lender by this Agreement are to protect the Secured Parties’ interest in the Collateral and shall not impose any duty upon Lender to exercise any such powers. The Debtors hereby agree that Lender shall not be liable for, nor shall the Obligations be diminished by, Xxxxxx’s delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.
Disclaimer of Certain Duties. The powers conferred upon Collateral Trustee by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Collateral Trustee to exercise any such powers. Pledgor hereby agrees that Collateral Trustee shall not be liable for, nor shall the indebtedness evidenced by the Secured Obligations be diminished by, Collateral Trustee’s delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.
