Limitation of Agency. This Agency Agreement shall only serve to authorize CSG SO to act as CSG Subscriber’s agent with respect to CSG Subscriber’s beneficial interest in the Photovoltaic Energy produced by the CSG PV System and delivered to Black Hills Energy to the extent that CSG Subscriber’s subscription continues from time-to-time to qualify as a valid subscription in the CSG PV System in accordance with C.R.S. § 00-00-000, the effective rules and regulations promulgated thereunder by the Commission, and the CSG Tariff.
Limitation of Agency. This Agency Agreement shall only serve to authorize SRC Producer to act as SRC Subscriber’s agent with respect to SRC Subscriber’s beneficial interest in and to the Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System and delivered to Public Service to the extent that SRC Subscriber’s subscription continues from time-to-time to qualify as a valid subscription in the PV System in accordance with Section 00-00-000, C.R.S., the effective rules and regulations promulgated thereunder by the Colorado Public Utilities Commission, and Rate Schedule SRC of Public Service’s Colorado Public Utilities Commission electric tariff.
Limitation of Agency. Nothing contained in this Agreement or in the relationship of Owner and Manager shall be deemed to constitute a partnership, joint venture or any other relationship, and Manager shall at all times be deemed an independent contractor for purposes of this Agreement. Nothing herein contained shall be deemed to constitute Manager as the agent of Owner except as such rights are expressly granted or authorized herein, which shall specifically exclude any rights with respect to the sale, transfer, mortgaging or other financing of the Property.
Limitation of Agency. 59 5.5 Liability of Partners, Representatives and Partnership Employees...........................................60 5.6 Indemnification.................................................60 5.7
Limitation of Agency. The Partners agree not to exercise any authority to act for or to assume any obligation or responsibility on behalf of the Partnership or any of its Subsidiaries except (i) as approved by the Partnership Board by Required Majority Vote, (ii) as approved by written agreement among the General Partners and (iii) as expressly provided herein. No Partner shall have any authority to act for or to assume any obligations or responsibility on behalf of another Partner under this Agreement except (i) as approved by written agreement among the Partners and (ii) as expressly provided herein. Subject to Section 5.6, in addition to the other remedies specified herein, each Partner agrees to indemnify and hold the Partnership and the other Partners harmless from and against any claim, demand, loss, damage, liability or expense (including reasonable attorneys' fees and disbursements and amounts paid in settlement, but excluding any indirect, special or consequential damages) incurred by or against such other Partners or the Partnership and arising out of or resulting from any action taken by the indemnifying Partner in violation of this Section 5.4.
Limitation of Agency. The Partners agree not to exercise any authority to act for or to assume any obligation or responsibility on behalf of the Partnership except (i) as approved by written agreement between the Partners and (ii) as expressly provided herein. Neither Partner shall have any authority to act for or to assume any obligations or responsibility on behalf of the other Partner under this Agreement except (i) as approved by written agreement between the Partners and (ii) -45- December 12, 1996 51 as expressly provided herein. Subject to Section 5.6, in addition to the other remedies specified herein, each Partner agrees to indemnify and hold the Partnership and the other Partner harmless from and against any claim, demand, loss, damage, liability or expense (including reasonable attorneys' fees and disbursements and amounts paid in settlement, but excluding any indirect, special or consequential damages) incurred by or against such other Partner or the Partnership and arising out of or resulting from any action taken by the indemnifying Partner in violation of this Section 5.4.
Limitation of Agency. Nothing contained in this Agreement or in the relationship of Fund and Residential shall be deemed to constitute a partnership, joint venture or any other relationship, and Residential shall at all times be deemed an independent contractor for purposes of this Agreement. Nothing herein contained shall be deemed to constitute Residential as the agent of Fund or any Subsidiary except as such rights are expressly granted or authorized herein, which shall specifically exclude any rights with respect to the sale, transfer, mortgaging or other financing of the Properties.
Limitation of Agency. The Partners agree not to exercise any authority to act for or to assume any obligation or responsibility on behalf of the Partnership or any of its Subsidiaries except (i) as approved by the Partnership Board by Required Majority Vote, (ii) as approved by written agreement among the General Partners and (iii) as expressly provided herein. No Partner shall have any authority to act for or to assume any obligations or responsibility on behalf of another Partner under this Agreement except (i) as approved by written agreement among the Partners and (ii) as expressly provided herein. Subject to Section 5.6, in addition to the other remedies specified herein, each Partner agrees to indemnify and hold the Partnership and the other Partners harmless from and against any claim, demand, loss, damage, liability or expense (including reasonable attorneys' fees and disbursements and amounts paid in settlement, but excluding any indirect, special or consequential damages) incurred by or against such other Partners or the Partnership and arising out of or resulting from any action taken by the indemnifying Partner in violation of this Section 5.4. No Partner, former Partner or Representative or former Representative, no Affiliate of any thereof, no partner, shareholder, director, officer, employee or agent of any of the foregoing, nor any officer or employee of the Partnership, shall be liable in damages for any act or failure to act in such Person's capacity as a Partner or Representative or otherwise on behalf of the Partnership or any of its Subsidiaries unless such act or omission constituted bad faith, gross negligence, fraud or willful misconduct of such Person or a violation by such Person of this Agreement or an agreement between such Person and the Partnership or a Subsidiary thereof. Subject to Section 5.6, each Partner, former Partner, Representative and former Representative, each Affiliate of any thereof, each partner, shareholder, director, officer, employee and agent of any of the foregoing, and each officer and employee of the Partnership, shall be indemnified and held harmless by the Partnership, its receiver or trustee from and against any liability for damages and expenses, including reasonable attorneys' fees and disbursements and amounts paid in settlement, resulting from any threatened, pending or completed action, suit or proceeding relating to or arising out of such Person's acts or omissions in such Person's capacity as a Partner or Representat...
Limitation of Agency. No Partner shall have any authority -------------------- to act for or to assume any obligation or responsibility on behalf of the Partnership except (i) as approved by the Management Committee, (ii) as approved by written agreement between the -27- Partners, or (iii) as provided herein. No Partner shall have any authority to act for or assume any obligation or responsibility on behalf of another Partner except as approved in writing by such other Partner. In addition to the other remedies specified herein, each Partner agrees to indemnify and hold the Partnership and the other Partner or any Affiliate thereof or any partner, shareholder, director, officer, employee or agent of any of the foregoing harmless from and against any claim, demand, loss, damage, liability or expense (including reasonable attorneys' fees and disbursements and amounts paid in settlement, but excluding any indirect, special or consequential damages) incurred by or against such other Partner or the Partnership and arising out of or resulting from any action taken by the indemnifying Partner in violation of this Section 6.07. ------------
Limitation of Agency. Nothing contained in this Agreement or in the relationship of Owner and Manager shall be deemed to constitute a partnership, joint venture or any other relationship, and other than as expressly provided in this Agreement, Manager shall at all times be deemed an independent contractor for purposes of this Agreement. Without limiting the generality of the foregoing, nothing in this Agreement grants Manager any agency authority with respect to the sale, transfer, mortgaging or other financing of the Property. However, the parties agree that Manager is an agent or representative of Owner for purposes of clauses in leases and license agreements with tenants and licensees of the Property that provide for the tenant or licensee to provide indemnities, insurance protections, waivers and/or limits of liability in favor of Owner and its agents or representatives. Owner will cooperate with Manager in its efforts to enforce such clauses for Manager’s benefit and will also endeavor to cause future leases and license agreements to be written so that such clauses run to the benefit of at least Owner and its property manager for the Property.
