Common use of Exclusions from Services Clause in Contracts

Exclusions from Services. Except as expressly provided in this Agreement or as authorized by Owner from time to time, Operator shall not: (a) describe itself as agent or representative of Owner; (b) pledge the credit of Owner in any way in respect of any commitments for which it has not received written authorization from Owner; (c) make any warranty or representation relating to Owner; (d) sell, lease, pledge, mortgage, encumber, convey, license, exchange, or make any other transfer, assignment, or disposition of the Facility or any other property or assets of Owner, other than the removal and disposal of waste material from the Site; (e) except for Disputes between Operator and Owner arising under this Agreement, settle, compromise, assign, pledge, transfer, release, waive, or consent to the compromise, assignment, settlement, pledge, transfer, waiver, or release of, any claim, suit, debt, demand, or judgment against or due by Owner, or submit any such claim, dispute, or controversy to arbitration or judicial process, or stipulate to a judgment or consent with respect thereto; (f) make, enter into, execute, amend, modify, or supplement any Project Contract or any other contract or agreement on behalf of, or in the name of, Owner; (g) engage in any other transaction on behalf of, or in the name of, Owner which is not expressly permitted by this Agreement; (h) provide administrative, financial, tax or other commercial services with respect to the business of Owner except to the extent they relate solely to the operation and maintenance of the Facility; or (i) exercise any of the Retained Rights.

Appears in 2 contracts

Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement (Cheniere Energy Inc)

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Exclusions from Services. Except as expressly provided in this Agreement or as authorized by the Owner from time to time, the Operator and its Representatives shall not, and shall cause each Subcontractor and their respective Representatives to not, in the performance of the Services: (a) describe itself as agent or representative of Owner or any Project Owner; (b) pledge the credit of Owner in any way in respect of any commitments for which it has not received written authorization from Owner or any Project Owner; (c) make any warranty or representation relating to Owner or any Project Owner; (d) sell, lease, pledge, mortgage, encumber, convey, license, exchange, or make any other transfer, assignment, or disposition of the any Facility or any other property or assets of Owner, other than the removal and disposal of waste material from the a Site; (e) except for Disputes disputes between the Operator and Owner arising under this Agreement, settle, compromise, assign, pledge, transfer, release, waive, or consent to the compromise, assignment, settlement, pledge, transfer, waiver, or release of, any claim, suit, debt, demand, or judgment against or due by Owner, or submit any such claim, dispute, or controversy to arbitration or judicial process, or stipulate to a judgment or consent with respect thereto; (f) make, enter into, execute, amend, modify, or supplement any Project Contract or any other contract or agreement on behalf of, or in the name of, Owner; (g) engage in any other transaction on behalf of, or in the name of, Owner which is not expressly permitted by this Agreement; (h) provide administrative, financial, tax or other commercial services with respect to the business of Owner except to the extent they relate solely to the operation and maintenance of the Facility; or (ig) exercise any of the Retained Rights.

Appears in 1 contract

Samples: Operation and Maintenance Agreement

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Exclusions from Services. Except as expressly provided in this Agreement or as authorized by Owner from time to time, Operator shall not: (a) describe itself as agent or representative of Owner; (b) pledge the credit of Owner in any way in respect of any commitments for which it has not received written authorization from Owner; (c) make any warranty or representation relating to Owner; (d) sell, lease, pledge, mortgage, encumber, convey, license, exchange, or make any other transfer, assignment, or disposition of the Facility or any other property or assets of Owner, other than the removal and disposal of waste material from the Site; (e) except for Disputes between Operator and Owner arising under this Agreement, settle, compromise, assign, pledge, transfer, release, waive, or consent to the compromise, assignment, settlement, pledge, transfer, waiver, or release of, any claim, suit, debt, demand, or judgment against or due by Owner, or submit any such claim, dispute, or controversy to arbitration or judicial process, or stipulate to a judgment or consent with respect thereto; (f) make, enter into, execute, amend, modify, or supplement any Project Contract or any other contract or agreement on behalf of, or in the name of, Owner; (g) engage in any other transaction on behalf of, or in the name of, Owner which is not expressly permitted by this Agreement; (h) provide administrative, financial, tax Tax or other commercial services with respect to the business of Owner except to the extent they relate solely to the operation and maintenance of the Facility; or (i) exercise any of the Retained Rights.

Appears in 1 contract

Samples: Operation and Maintenance Agreement (Cheniere Energy Partners, L.P.)

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