Common use of Issuer’s Obligations Limited Clause in Contracts

Issuer’s Obligations Limited. Except as otherwise expressly provided in this Project Lease, no recourse upon any obligation or agreement contained in this Project Lease or in any Bond or under any judgment obtained against the Issuer, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise under any circumstances, under or independent of the Bond Agreement, shall be had against the Issuer and its officers, employees and agents. Notwithstanding anything in this Project Lease to the contrary, it is expressly understood and agreed by the parties hereto that (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Tenant, an Owner or the Bank as to the existence of any fact or state of affairs required to be noticed by the Issuer; (b) the Issuer shall not be under any obligation to perform any record-keeping or to provide any legal services, it being understood that such services shall be performed or provided either by the Tenant, the Bank or the Owner; and (c) that none of the provisions of this Project Lease shall require the Issuer to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder, unless it shall have first been adequately indemnified to its satisfaction against the costs, expenses and liability which may be incurred by such action. Notwithstanding anything in this Project Lease to the contrary, any obligation the Issuer may incur under this Project Lease or under any instrument or document executed by the Issuer in connection with this Project Lease that entails the expenditure of any money by the Issuer shall be only a limited obligation of the Issuer payable solely from the revenues derived by the Issuer under this Project Lease and shall not be, under any circumstances, a general obligation of the Issuer.

Issuer’s Obligations Limited. Except as otherwise expressly provided in this Project Lease, no recourse upon any obligation or agreement contained in this Project Lease or in any Bond or under any judgment obtained against the Issuer, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise under any circumstances, under or independent of the Bond AgreementIndenture, shall be had against the Issuer and its officers, employees and agents. Notwithstanding anything in this Project Lease to the contrary, it is expressly understood and agreed by the parties hereto that (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Tenant, an Owner or the Bank Trustee as to the existence of any fact or state of affairs required to be noticed by the Issuer; (b) the Issuer shall not be under any obligation to perform any record-keeping or to provide any legal services, it being understood that such services shall be performed or provided either by the Tenant, the Bank Trustee or the Owner; and (c) that none of the provisions of this Project Lease shall require the Issuer to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder, unless it shall have first been adequately indemnified to its satisfaction against the costs, expenses and liability which may be incurred by such action. Notwithstanding anything in this Project Lease to the contrary, any obligation the Issuer may incur under this Project Lease or under any instrument or document executed by the Issuer in connection with this Project Lease that entails the expenditure of any money by the Issuer shall be only a limited obligation of the Issuer payable solely from the revenues derived by the Issuer under this Project Lease and shall not be, under any circumstances, a general obligation of the Issuer.

Issuer’s Obligations Limited. Except as otherwise expressly provided in this Project Leaseherein provided, no recourse under or upon any obligation or agreement contained in this Project Lease Loan Agreement or in any Bond or under any judgment obtained against the Issuer, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise or under any circumstances, under or independent of the Bond AgreementIndenture, shall be had against the Issuer and its officers, employees and agentsIssuer. Notwithstanding anything in this Project Lease Loan Agreement to the contrary, it is expressly understood and agreed by the parties hereto that (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Tenant, an Owner Trustee or the Bank Company as to the existence of any fact or state of affairs required hereunder to be noticed by the Issuer; (b) the Issuer shall not be under any obligation hereunder to perform any record-keeping or to provide any legal services, it being understood that such services shall be performed or provided either by the Tenant, the Bank Trustee or the OwnerCompany; and (c) that none of the provisions of this Project Lease Loan Agreement shall require the Issuer to expend or risk its own funds or to otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder, unless it shall first have first been adequately indemnified to its satisfaction against the costscost, expenses and liability which may be incurred by such actionthereby. Notwithstanding anything in this Project Lease herein contained to the contrary, any obligation which the Issuer may incur under this Project Lease Loan Agreement or under any instrument or document executed by the Issuer in connection with this Project Lease that entails herewith which shall entail the expenditure of any money by the Issuer shall be only a limited obligation of the Issuer payable solely from the revenues derived by the Issuer under this Project Lease and shall not be, under any circumstances, be a general obligation of the IssuerIssuer but shall be a limited obligation payable solely from the Pledged Revenues.

Issuer’s Obligations Limited. Except as otherwise expressly provided in this Project Leaseherein provided, no recourse under or upon any obligation or agreement contained in this Project Lease Loan Agreement or in any Bond or under any judgment obtained against the Issuer, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise or under any circumstances, under or independent of the Bond AgreementIndenture, shall be had against the Issuer and its officers, employees and agentsIssuer. Notwithstanding anything Anything in this Project Lease Loan Agreement to the contrarycontrary notwithstanding, it is expressly understood and agreed by the parties hereto that (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Tenant, an Owner Trustee or the Bank Company as to the existence of any fact or state of affairs required hereunder to be noticed by the Issuer; (b) the Issuer shall not be under any obligation hereunder to perform any record-keeping or to provide any legal services, it being understood that such services shall be performed or provided either by the Tenant, the Bank Trustee or the OwnerCompany; and (c) that none of the provisions of this Project Lease Loan Agreement shall require the Issuer to expend or risk its own funds or to otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder, unless it shall first have first been adequately indemnified to its satisfaction against the costscost, expenses and liability which may be incurred by such actionthereby. Notwithstanding anything in this Project Lease herein contained to the contrary, any obligation which the Issuer may incur under this Project Lease Loan Agreement or under any instrument or document executed by the Issuer in connection with this Project Lease that entails herewith which shall entail the expenditure of any money by the Issuer shall be only a limited obligation of the Issuer payable solely from the revenues derived by the Issuer under this Project Lease and shall not be, under any circumstances, be a general obligation of the IssuerIssuer but shall be a limited obligation payable solely from the Pledged Revenues.

Issuer’s Obligations Limited. Except Any other term or provision in this Mortgage or in any other documents executed in connection with the issuance of the Bonds or elsewhere to the contrary notwithstanding: (a) Any and all obligations (including without limitation, fees, claims, demands, payments, damages, liabilities, penalties, assessments and the like of or imposed upon the Issuer or its members, officers, agents, employees, representatives, advisors or assigns, whether under this Mortgage or any of the documents executed in connection with the issuance of the Bonds or elsewhere and whether arising out of or based upon a claim or claims of tort, contract, misrepresentation, or any other or additional legal theory or theories whatsoever (collectively the “Issuer Obligations”), shall in all events be absolutely limited obligations and liabilities, payable solely out of the following, if any, available at the time one of the Issuer Obligations in question is asserted: (1) Bond proceeds and investment earnings therefrom; and (2) Payments derived from the Bonds, the Letter of Credit, the Indenture (including the Trust Estate to the extent provided in the Indenture) and the Issuer Lease Agreement (except for the fees and expenses of the Issuer and the Issuer’s right to indemnification under the Issuer Lease Agreement under certain circumstances and as otherwise expressly provided in this Project Leaseset forth therein); (the above provisions (1) and (2) being collectively referred to as the “exclusive sources of the Issuer Obligations”). (b) The Issuer Obligations shall not be deemed to constitute a debt or liability of the State or of any political subdivision thereof within the meaning of any state constitutional provision or statutory limitation and shall not constitute a pledge of the full faith and credit of the State or of any political subdivision thereof, but shall be payable solely from and out of the exclusive sources of the Issuer Obligations and shall otherwise impose no recourse liability whatsoever, primary or otherwise, upon the State or any obligation political subdivision thereof or agreement contained in this Project Lease any charge upon their general credit or in taxing power. In no event shall any Bond member, officer, agent, employee, representative or under any judgment obtained against advisor of the Issuer, or by the enforcement any successor or assign of any assessment such person or by entity, be liable, personally or otherwise, for any legal or equitable proceeding by virtue of any constitution or statute or otherwise under any circumstances, under or independent of the Bond Agreement, shall be had against the Issuer and its officers, employees and agents. Notwithstanding anything in this Project Lease to the contrary, it is expressly understood and agreed by the parties hereto that (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Tenant, an Owner or the Bank as to the existence of any fact or state of affairs required to be noticed by the Issuer; (b) the Issuer shall not be under any obligation to perform any record-keeping or to provide any legal services, it being understood that such services shall be performed or provided either by the Tenant, the Bank or the Owner; and Obligation. (c) that none In no event shall this Mortgage be construed as: (1) depriving the Issuer of any right or privilege; or (2) requiring the provisions Issuer or any member, officer, agent, employee, representative or advisor of this Project Lease shall require the Issuer to expend take or risk its own funds omit to take, or otherwise incur financial liability to permit or suffer the taking of, any action by itself or by anyone else; which deprivation or requirement would violate or result in the performance of any of its duties or Issuer being in the exercise of any of its rights or powers hereunder, unless it shall have first been adequately indemnified to its satisfaction against the costs, expenses and liability which may be incurred by such action. Notwithstanding anything in this Project Lease to the contrary, any obligation the Issuer may incur under this Project Lease or under any instrument or document executed by the Issuer in connection with this Project Lease that entails the expenditure of any money by the Issuer shall be only a limited obligation violation of the Issuer payable solely from the revenues derived by the Issuer under this Project Lease and shall not be, under Industrial Revenue Bond Act or any circumstances, a general obligation of the Issuerother applicable state or federal law.

Issuer’s Obligations Limited. Except as otherwise expressly provided in this Project Lease, no No recourse under or upon any obligation obligation, or agreement contained in this Project Lease or in any Bond or under any judgment obtained against the Issuer, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute to otherwise or otherwise under any circumstances, under or independent of the Bond Agreementthis Lease, shall be had against the Issuer and or any director, member, officer, agent, attorney or employee, as such, in its officersindividual capacity, employees and agentspast, present or future, of the Issuer or any successor entity. Notwithstanding anything Anything in this Project Lease to the contrarycontrary notwithstanding, it is expressly understood and agreed by the parties hereto that (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Tenant, an Owner Trustee or the Bank Lessee as to the existence of any fact or state of affairs required hereunder to be noticed by the Issuer; (b) the Issuer shall not be under any obligation hereunder to perform any record-keeping or to provide any legal services, it being understood that such services shall be performed or provided either by the Tenant, the Bank Trustee or the OwnerLessee; and (c) that none of the provisions of this Project Lease shall require the Issuer to expend or risk its own funds or to otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder, unless it shall first have first been adequately indemnified to its satisfaction against the costscost, expenses and liability which may be incurred by such actionthereby. The obligation hereunder are the special limited obligations of the Issuer and not obligations of Fxxxxx County, the State of Georgia or any subdivision thereof. Notwithstanding anything in this Project Lease herein contained to the contrary, any obligation the Issuer may hereby incur under this Project Lease or under any instrument or document executed by for the Issuer in connection with this Project Lease that entails the expenditure payment of any money by the Issuer shall not be a general debt on its part but shall be only a limited obligation of the Issuer payable solely from rents, revenues and receipts derived from this Lease, the sale of the Bonds and any other rents, revenues and receipts derived by the Issuer under this Project Lease and shall not be, under any circumstances, a general obligation arising out of or in connection with its ownership of the IssuerProject (except for Unassigned Rights). The Issuer has no taxing power.

Issuer’s Obligations Limited. Except as otherwise expressly provided in this Project Lease, no recourse upon any obligation or agreement contained in this Project Lease or in any Bond or under any judgment obtained against the Issuer, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise under any circumstances, under or independent of the Bond Agreement, shall be had against the Issuer and its officers, employees and agents. Notwithstanding anything in this Project Lease to the contrary, it is expressly understood and agreed by the parties hereto that (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Tenant, an Owner a Owner(s) of Bonds or the Bank Trustee as to the existence of any fact or state of affairs required to be noticed by the IssuerIssuer hereunder; (b) the Issuer shall not be under any obligation to perform any record-keeping or to provide any legal services, it being understood that such services shall be performed or provided either by the Tenant, the Bank Trustee or the OwnerOwner(s) of Bonds; and (c) that none of the provisions of this Project Lease shall require the Issuer to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder, unless it shall have first been adequately indemnified to its satisfaction against the costs, expenses and liability which may be incurred by such action. Notwithstanding anything in this Project Lease to the contrary, any obligation the Issuer may incur under this Project Lease or under any instrument or document executed by the Issuer in connection with this Project Lease that entails the expenditure of any money by the Issuer shall be only a limited obligation of the Issuer payable solely from the revenues derived by the Issuer under this Project the Lease and shall not be, under any circumstances, a general obligation of the Issuer.

Issuer’s Obligations Limited. Except for the interest of the Issuer in the Trust Estate and as otherwise expressly provided in this Project Leaseherein provided, no recourse under or upon any obligation or agreement contained in this Project Lease Agreement or in any Bond or under any judgment obtained against the Issuer, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise or under any circumstances, under or independent of the Bond AgreementIndenture, shall be had against the Issuer and its officers, employees and agentsIssuer. Notwithstanding anything Anything in this Project Lease Agreement to the contrarycontrary notwithstanding, it is expressly understood and agreed by the parties hereto that (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Tenant, an Owner Trustee or the Bank Authorized Representative as to the existence of any fact or state of affairs required hereunder to be noticed by the Issuer; (b) the Issuer shall not be under any obligation hereunder to perform any record-keeping or to provide any legal services, it being understood that such services shall be performed or provided either by the Tenant, the Bank Trustee or the OwnerLessee; and (c) that none of the provisions of this Project Lease Agreement shall require the Issuer to expend or risk its own funds or to otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder, unless it shall first have first been adequately indemnified to its satisfaction against the costscost, expenses and liability which may be incurred by such actionthereby. Notwithstanding anything in this Project Lease herein contained to the contrary, any obligation which the Issuer may incur under this Project Lease Agreement or under any instrument or document executed by the Issuer in connection with this Project Lease that entails herewith which shall entail the expenditure of any money by the Issuer shall be only a limited obligation of the Issuer payable solely from the revenues derived by the Issuer under this Project Lease and shall not be, under any circumstances, be a general obligation of the IssuerIssuer but shall be a limited obligation payable solely from the Pledged Revenues.