Common use of Limitation of Liability; No Personal Liability Clause in Contracts

Limitation of Liability; No Personal Liability. In the exercise of the powers of the Authority or the Trustee hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority or the Trustee nor their members, directors, officers, employees or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and with the belief that it is authorized or within the discretion or rights or powers conferred. The Authority, the Trustee and their members, directors, officers, employees and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority hereunder, the liability of the Authority to the Company shall be enforceable only out of the Authority’s interest under this Agreement and there shall be no other recourse for damages by the Company against the Authority, its members, directors, officers, attorneys, agents and employees, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority contained in this Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, agent or employee of the Authority, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority contained in this Agreement or the Indenture.

Limitation of Liability; No Personal Liability. (a) In the exercise of the powers of the Authority Issuer or the Trustee hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority Issuer or the Trustee nor their members, directors, officers, employees employees, attorneys or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and without gross negligence and with the belief that it is authorized or within the discretion or rights or powers conferred. The Authority, Issuer and the Trustee and their members, directors, officers, employees employees, attorneys and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company shall be enforceable only out of the AuthorityIssuer’s interest under this Loan Agreement and there shall be no other recourse for damages by the Company against the AuthorityIssuer, its members, directors, officers, attorneysemployees, agents attorneys and employeesagents, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Loan Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, employee, attorney or agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Loan Agreement or the Indenture. (b) No claim shall be made by the Company or any of the Company’s affiliates against the Issuer or the Trustee or any of their affiliates, directors, employees, attorneys or agents for any special, indirect, consequential or punitive damages in respect of any breach or wrongful conduct (whether or not the claim therefore is based on contract, tort or duty imposed by law), in connection with, arising out of or in any way related to the transactions contemplated by this Loan Agreement, the Indenture or the other financing arrangements entered into in connection with the Project, or any act or omission or event occurring in connection therewith; and the Company hereby waives, releases and agrees not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.

Limitation of Liability; No Personal Liability. In the exercise of the powers of the Authority Issuer or the Trustee hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority Issuer or the Trustee nor their members, directors, officers, employees or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and with the belief that it is authorized or within the discretion or rights or powers conferred. The AuthorityIssuer, the Trustee and their members, directors, officers, employees and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company shall be enforceable only out of the AuthorityIssuer’s interest under this Agreement and there shall be no other recourse for damages by the Company against the AuthorityIssuer, its members, directors, officers, attorneys, agents and employees, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Agreement or the Indenture.

Limitation of Liability; No Personal Liability. (a) In the exercise of the powers of the Authority Issuer or the Trustee hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority Issuer or the Trustee nor their members, directors, officers, employees employees, attorneys or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and without negligence and with the belief that it is authorized or within the discretion or rights or powers conferred. The Authority, Issuer and the Trustee and their members, directors, officers, employees employees, attorneys and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company shall be enforceable only out of the Authority’s Issuer's interest under this Loan Agreement and there shall be no other recourse for damages by the Company against the AuthorityIssuer, its members, directors, officers, attorneysemployees, agents attorneys and employeesagents, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Loan Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, employee, attorney or agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Loan Agreement or the Indenture. (b) No claim shall be made by the Company or any of the Company's affiliates against the Issuer or the Trustee or any of their affiliates, directors, employees, attorneys or agents for any special, indirect, consequential or punitive damages in respect of any breach or wrongful conduct (whether or not the claim therefore is based on contract, tort or duty imposed by law), in connection with, arising out of or in any way related to the transactions contemplated by this Loan Agreement, the Indenture or the other financing arrangements entered into in connection with the Project, or any act or omission or event occurring in connection therewith; and the Company hereby waives, releases and agrees not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.

Limitation of Liability; No Personal Liability. (a) In the exercise of the powers of the Authority Issuer or the Trustee hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority Issuer or the Trustee nor their members, directors, officers, employees employees, attorneys or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and without gross negligence and with the belief that it is authorized or within the discretion or rights or powers conferred. The Authority, Issuer and the Trustee and their members, directors, officers, employees employees, attorneys and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company shall be enforceable only out of the AuthorityIssuer’s interest under this Loan Agreement and there shall be no other recourse for damages by the Company against the AuthorityIssuer, its members, directors, officers, attorneysemployees, agents attorneys and employeesagents, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Loan Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, employee, attorney or agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Loan Agreement or the Indenture. (b) No claim shall be made by the Company or any of the Company’s affiliates against the Issuer or the Trustee or any of their affiliates, directors, employees, attorneys or agents for any special, indirect, consequential or punitive damages in respect of any breach or wrongful conduct (whether or not the claim therefore is based on contract, tort or duty imposed by law), in connection with, arising out of or in any way related to the transactions contemplated by this Loan Agreement, the Indenture or the other financing arrangements entered into in connection with the Project, or any act or omission or event occurring in connection therewith; and the Company hereby waives, releases and agrees not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor. 950615.7 10/25/06

Limitation of Liability; No Personal Liability. In the exercise of the powers of the Authority or the Trustee hereunder or under the Indenture, including including, without limitation limitation, the application of moneys and the investment of funds, neither the Authority or the Trustee nor their members, directors, officers, employees or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and with the belief that it is authorized or within the discretion or rights or powers conferred. The Authority, the Trustee and their members, directors, officers, employees and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority hereunder, the liability of the Authority to the Company shall be enforceable only out of the Authority’s interest under this Agreement and there shall be no other recourse for damages by the Company against the Authority, its members, directors, officers, attorneys, agents and employees, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority contained in this Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, agent or employee of the Authority, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority contained in this Agreement or the Indenture. Furthermore, no obligation of the Authority hereunder shall be deemed to constitute a pledge of the faith and credit of the Authority, or the faith and credit or taxing power of the Commonwealth of Pennsylvania, the County of Lehigh, or any other political subdivision thereof, but shall be paid solely out of the Revenues pledged therefor.

Limitation of Liability; No Personal Liability. (a) In the exercise of the powers of the Authority Issuer or the Trustee hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority Issuer or the Trustee nor their members, directors, officers, employees employees, attorneys or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and without negligence and with the belief that it is authorized or within the discretion or rights or powers conferred. The Authority, Issuer and the Trustee and their members, directors, officers, employees employees, attorneys and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company shall be enforceable only out of the AuthorityIssuer’s interest under this Loan Agreement and there shall be no other recourse for damages by the Company against the AuthorityIssuer, its members, directors, officers, attorneysemployees, agents attorneys and employeesagents, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Loan Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, employee, attorney or agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Loan Agreement or the Indenture. (b) No claim shall be made by the Company or any of the Company’s affiliates against the Issuer or the Trustee or any of their affiliates, directors, employees, attorneys or agents for any special, indirect, consequential or punitive damages in respect of any breach or wrongful conduct (whether or not the claim therefore is based on contract, tort or duty imposed by law), in connection with, arising out of or in any way related to the transactions contemplated by this Loan Agreement, the Indenture or the other financing arrangements entered into in connection with the Project, or any act or omission or event occurring in connection therewith; and the Company hereby waives, releases and agrees not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.

Limitation of Liability; No Personal Liability. (a) In the exercise of the powers of the Authority Issuer or the Trustee hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority Issuer or the Trustee nor their members, directors, officers, employees employees, attorneys or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and without gross negligence and with the belief that it is authorized or within the discretion or rights or powers conferred. The Authority, Issuer and the Trustee and their members, directors, officers, employees employees, attorneys and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company shall be enforceable only out of the Authority’s Issuer's interest under this Loan Agreement and there shall be no other recourse for damages by the Company against the AuthorityIssuer, its members, directors, officers, attorneysemployees, agents attorneys and employeesagents, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Loan Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, employee, attorney or agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Loan Agreement or the Indenture. (b) No claim shall be made by the Company or any of the Company's affiliates against the Issuer or the Trustee or any of their affiliates, directors, employees, attorneys or agents for any special, indirect, consequential or punitive damages in respect of any breach or wrongful conduct (whether or not the claim therefore is based on contract, tort or duty imposed by law), in connection with, arising out of or in any way related to the transactions contemplated by this Loan Agreement, the Indenture or the other financing arrangements entered into in connection with the Project, or any act or omission or event occurring in connection therewith; and the Company hereby waives, releases and agrees not to sue upon any such claim for any such damages, whether or not accrued axx whether or not known or suspected to exist in its favor.

Limitation of Liability; No Personal Liability. In the exercise of the powers of the Authority Issuer, the Trustee or the Trustee Remarketing Advisor hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority or Issuer, the Trustee Trustee, the Remarketing Advisor nor their members, directors, officers, employees or agents shall be accountable to the Company Borrower for any action taken or omitted by any of them in good faith and with the belief that it is authorized or within the discretion or rights or powers conferred. The AuthorityIssuer, the Trustee Trustee, the Remarketing Advisor and their members, directors, officers, employees and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company Borrower shall be enforceable only out of the AuthorityIssuer’s interest under this Agreement and there shall be no other recourse for damages by the Company Borrower against the AuthorityIssuer, its members, directors, officers, attorneys, agents and employees, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Agreement or the Indenture.

Limitation of Liability; No Personal Liability. (a) In the exercise of the powers of the Authority Issuer or the Trustee hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority Issuer or the Trustee nor their members, directors, officers, employees employees, attorneys or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and without gross negligence and with the belief that it is authorized or within the discretion or rights or powers conferred. The Authority, Issuer and the Trustee and their members, directors, officers, employees employees, attorneys and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company shall be enforceable only out of the AuthorityIssuer’s interest under this Loan Agreement and there shall be no other recourse for damages by the Company against the AuthorityIssuer, its members, directors, officers, attorneysemployees, agents attorneys and employeesagents, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Loan Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, employee, attorney or agent or employee of the AuthorityIssuer, and no official executing the 2008A Bonds shall be liable personally on the 2008A Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Loan Agreement or the Indenture. (b) No claim shall be made by the Company or any of the Company’s affiliates against the Issuer or the Trustee or any of their affiliates, directors, employees, attorneys or agents for any special, indirect, consequential or punitive damages in respect of any breach or wrongful conduct (whether or not the claim therefore is based on contract, tort or duty imposed by law), in connection with, arising out of or in any way related to the transactions contemplated by this Loan Agreement, the Indenture or the other financing arrangements entered into in connection with the Project or Project Facilities, or any act or omission or event occurring in connection therewith; and the Company hereby waives, releases and agrees not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.

Limitation of Liability; No Personal Liability. In the exercise of the powers of the Authority Issuer, the Trustee or the Trustee Remarketing Advisor hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority or Issuer, the Trustee Trustee, the Remarketing Advisor nor their members, directors, officers, employees or agents shall be accountable to the Company Borrower for any action taken or omitted by any of them in good faith and with the belief that it is authorized or within the discretion or rights or powers conferred. The AuthorityIssuer, the Trustee Trustee, the Remarketing Advisor and their members, directors, officers, employees and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company Borrower shall be enforceable only out of the Authority’s Issuer's interest under this Agreement and there shall be no other recourse for damages by the Company Borrower against the AuthorityIssuer, its members, directors, officers, attorneys, agents and employees, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of of-the covenants, obligations or agreements of the Authority Issuer contained in this Agreement or the Indenture.

Limitation of Liability; No Personal Liability. In the exercise of the powers of the Authority Issuer, the Trustee or the Trustee Remarketing Agent hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority or Issuer, the Trustee Trustee, the Remarketing Agent nor their members, directors, officers, employees or agents shall be accountable to the Company for any action taken or omitted by any of them in good faith and with the belief that it is authorized or within the discretion or rights or powers conferred. The AuthorityIssuer, the Trustee Trustee, the Remarketing Agent and their members, directors, officers, employees and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority to the Company Issuer shall be enforceable only out of the Authority’s Issuer's interest under this Agreement and there shall be no other recourse for damages by the Company against the AuthorityIssuer, its members, directors, officers, attorneys, agents and employees, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Agreement or the Indenture.

Limitation of Liability; No Personal Liability. In the exercise ---------------------------------------------- of the powers of the Authority Issuer, the Trustee or the Trustee Remarketing Agent hereunder or under the Indenture, including without limitation the application of moneys and the investment of funds, neither the Authority or Issuer, the Trustee Trustee, the Remarketing Agent nor their members, directors, officers, employees or agents shall be accountable to the Company Borrower for any action taken or omitted by any of them in good faith and with the belief that it is authorized or within the discretion or rights or powers conferred. The AuthorityIssuer, the Trustee Trustee, the Remarketing Agent and their members, directors, officers, employees and agents shall be protected in acting upon any paper or document believed to be genuine, and any of them may conclusively rely upon the advice of counsel and may (but need not) require further evidence of any fact or matter before taking any action. In the event of any default by the Authority Issuer hereunder, the liability of the Authority Issuer to the Company Borrower shall be enforceable only out of the Authority’s Issuer's interest under this Agreement and there shall be no other recourse for damages by the Company Borrower against the AuthorityIssuer, its members, directors, officers, attorneys, agents and employees, or any of the property now or hereafter owned by it or them. All covenants, obligations and agreements of the Authority Issuer contained in this Agreement or the Indenture shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant, obligation or agreement of any present or future member, director, officer, agent or employee of the AuthorityIssuer, and no official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof or by reason of the covenants, obligations or agreements of the Authority Issuer contained in this Agreement or the Indenture.