Common use of Limitation of Liability of Borrower’s Officers Clause in Contracts

Limitation of Liability of Borrower’s Officers. 15 Section 10.4. Applicable Law 15 Section 10.5. Severability 15 Section 10.6. Notice 15 Section 10.7. Headings 16 Section 10.8. Terms of Agreement 16 Section 10.9. Counterparts 17 EXHIBIT A PROJECT DESCRIPTION EXHIBIT B PROJECT BUDGET EXHIBIT C FORM OF REQUISITION EXHIBIT D SCHEDULE OF DISBURSEMENTS EXHIBIT E FORM OF CHANGE ORDER EXHIBIT F PROJECTED DRAWDOWN CERTIFICATE FINANCING AGREEMENT THIS FINANCING AGREEMENT (this “Agreement”) is made as of this 5th day of April, 2023, between the DELAWARE DRINKING WATER STATE REVOLVING FUND, acting by and through the DELAWARE DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH, a public agency of The State of Delaware (the “Department”) and TIDEWATER UTILITIES, INC., a corporation organized under the laws of The State of Delaware (the “Borrower”). Pursuant to Title 29 Delaware Code Section 7903 (the “Act”), the General Assembly established a permanent and perpetual fund known as the “Delaware Drinking Water State Revolving Fund” (the “Fund”) and empowered the Secretary of the Department of Health & Social Services to administer such Fund. From the Fund, the Department from time to time makes loans to and acquires obligations of eligible persons in Delaware to finance the costs of drinking water facilities in accordance with the Federal Safe Drinking Water Act. General information on Drinking Water State Revolving Funds can be found at: xxxxx://xxx.xxx.xxx/dwsrf. The Borrower requested a loan (the “Loan”) from the Fund and will evidence its obligation to repay the Loan by the signing of this Agreement and by the delivery of its General Obligation Bond (Angola Xxxxxxx Interconnection Project), Series 2023A-DWSRF (the “Bond”). The Borrower will use the Loan Proceeds from the Fund to: (i) finance the linking of the water supply and storage assets of the Xxxxxxx and Angola systems, and along with the Rehoboth District, completing the connection of the Borrower's 3 large districts north of the inlet, as more fully described in Exhibit A and (ii) if desired, pay certain administrative costs and costs of issuing the Bond (collectively, the “Project”).

Limitation of Liability of Borrower’s Officers. 15 19 Section 10.411.4. Applicable Law 15 19 Section 10.511.5. Severability 15 19 Section 10.611.6. Notice 15 19 Section 10.711.7. Headings 16 20 Section 10.811.8. Terms of Agreement 16 20 Section 10.911.9. Counterparts 17 21 EXHIBIT A PROJECT DESCRIPTION EXHIBIT B PROJECT BUDGET EXHIBIT C FORM OF REQUISITION EXHIBIT D SCHEDULE OF DISBURSEMENTS EXHIBIT E FORM OF CHANGE ORDER EXHIBIT F PROJECTED DRAWDOWN CERTIFICATE Exhibit 10.58 FINANCING AGREEMENT THIS FINANCING AGREEMENT (this “Agreement”) is made as of this 5th 17th day of AprilMay, 20232024, between the DELAWARE DRINKING WATER STATE REVOLVING FUND, acting by and through the DELAWARE DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH, a public agency of The State of Delaware (the “Department”) and TIDEWATER UTILITIES, INC., a corporation organized under the laws of The State of Delaware (the “Borrower”). Pursuant to Title 29 Delaware Code Section 7903 (the “Act”), the General Assembly established a permanent and perpetual fund known as the “Delaware Drinking Water State Revolving Fund” (the “Fund”) and empowered the Secretary of the Department of Health & Social Services to administer such Fund. From the Fund, the Department from time to time makes loans to and acquires obligations of eligible persons in Delaware to finance the costs of drinking water facilities in accordance with the Federal Safe Drinking Water Act. General information on Drinking Water State Revolving Funds can be found at: xxxxx://xxx.xxx.xxx/dwsrf. The Borrower requested a loan (the “Loan”) from the Fund and will evidence its obligation to repay the Loan by the signing of this Agreement and by the delivery of its General Obligation Bond (Angola Xxxxxxx Interconnection DelDOT - Lochmeath to Puncheon Run Main Relocations Project), Series 2023A2024C-DWSRF (the “Bond”). The Borrower will use the Loan Proceeds from the Fund to: (i) finance the linking elimination of a water main that is prone to leaks and breaks as well as upgrades and improvements to current distribution throughout the area by upsizing to 12" to allow for efficient water supply and storage assets of the Xxxxxxx and Angola systems, and along with the Rehoboth District, completing the connection of the Borrower's 3 large districts north of the inletdelivery, as more fully described in Exhibit A and (ii) if desired, pay certain administrative costs and costs of issuing the Bond (collectively, the “Project”).

Limitation of Liability of Borrower’s Officers. 15 19 Section 10.411.4. Applicable Law 15 19 Section 10.511.5. Severability 15 19 Section 10.611.6. Notice 15 19 Section 10.711.7. Headings 16 20 Section 10.811.8. Terms of Agreement 16 20 Section 10.911.9. Counterparts 17 21 EXHIBIT A PROJECT DESCRIPTION EXHIBIT B PROJECT BUDGET EXHIBIT C FORM OF REQUISITION EXHIBIT D SCHEDULE OF DISBURSEMENTS EXHIBIT E FORM OF CHANGE ORDER EXHIBIT F PROJECTED DRAWDOWN CERTIFICATE Exhibit 10.57 FINANCING AGREEMENT THIS FINANCING AGREEMENT (this “Agreement”) is made as of this 5th 17th day of AprilMay, 20232024, between the DELAWARE DRINKING WATER STATE REVOLVING FUND, acting by and through the DELAWARE DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH, a public agency of The State of Delaware (the “Department”) and TIDEWATER UTILITIES, INC., a corporation organized under the laws of The State of Delaware (the “Borrower”). Pursuant to Title 29 Delaware Code Section 7903 (the “Act”), the General Assembly established a permanent and perpetual fund known as the “Delaware Drinking Water State Revolving Fund” (the “Fund”) and empowered the Secretary of the Department of Health & Social Services to administer such Fund. From the Fund, the Department from time to time makes loans to and acquires obligations of eligible persons in Delaware to finance the costs of drinking water facilities in accordance with the Federal Safe Drinking Water Act. General information on Drinking Water State Revolving Funds can be found at: xxxxx://xxx.xxx.xxx/dwsrf. The Borrower requested a loan (the “Loan”) from the Fund and will evidence its obligation to repay the Loan by the signing of this Agreement and by the delivery of its General Obligation Bond (Angola Xxxxxxx Interconnection Bay Water Treatment Facility Project), Series 2023A2024B-DWSRF (the “Bond”). The Borrower will use the Loan Proceeds from the Fund to: (i) finance the linking construction of the a new water supply and storage assets of the treatment facility at Xxxxxxx and Angola systems, and along Bay with the Rehoboth Districtcapability to provide treatment for iron and manganese, completing nitrates and PFAS as necessary for the connection of the Borrower's 3 large districts north of the inletfour (4) supply xxxxx, as more fully described in Exhibit A and (ii) if desired, pay certain administrative costs and costs of issuing the Bond (collectively, the “Project”).

Limitation of Liability of Borrower’s Officers. 15 Section 10.4. Applicable Law 15 Section 10.5. Severability 15 Section 10.6. Notice 15 Section 10.7. Headings 16 Section 10.8. Terms of Agreement 16 Section 10.9. Counterparts 17 16 EXHIBIT A PROJECT DESCRIPTION EXHIBIT B PROJECT BUDGET EXHIBIT C FORM OF REQUISITION EXHIBIT D SCHEDULE OF DISBURSEMENTS EXHIBIT E FORM OF CHANGE ORDER EXHIBIT F PROJECTED DRAWDOWN CERTIFICATE FINANCING AGREEMENT THIS FINANCING AGREEMENT (this “Agreement”) is made as of this 5th day of April, 2023, between the DELAWARE DRINKING WATER STATE REVOLVING FUND, acting by and through the DELAWARE DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH, a public agency of The State of Delaware (the “Department”) and TIDEWATER UTILITIES, INC., a corporation organized under the laws of The State of Delaware (the “Borrower”). Pursuant to Title 29 Delaware Code Section 7903 (the “Act”), the General Assembly established a permanent and perpetual fund known as the “Delaware Drinking Water State Revolving Fund” (the “Fund”) and empowered the Secretary of the Department of Health & Social Services to administer such Fund. From the Fund, the Department from time to time makes loans to and acquires obligations of eligible persons in Delaware to finance the costs of drinking water facilities in accordance with the Federal Safe Drinking Water Act. General information on Drinking Water State Revolving Funds can be found at: xxxxx://xxx.xxx.xxx/dwsrf. The Borrower requested a loan (the “Loan”) from the Fund and will evidence its obligation to repay the Loan by the signing of this Agreement and by the delivery of its General Obligation Bond (Angola Xxxxxxx Dairy Farm Road Interconnection Project), Series 2023A2023B-DWSRF (the “Bond”). The Borrower will use the Loan Proceeds from the Fund to: (i) finance the linking of the water supply a second distribution main by continuing a 12" main +/-9,170 along Sweetbriar Road and storage assets of the Xxxxxxx and Angola systems, and along Dairy Farm Road to interconnect with the Rehoboth District, completing the connection of the Borrower's 3 large districts north of the inletan existing 16" main located on Beaver Dam Road, as more fully described in Exhibit A and (ii) if desired, pay certain administrative costs and costs of issuing the Bond (collectively, the “Project”).

Limitation of Liability of Borrower’s Officers. 15 19 Section 10.411.4. Applicable Law 15 19 Section 10.511.5. Severability 15 19 Section 10.611.6. Notice 15 19 Section 10.711.7. Headings 16 20 Section 10.811.8. Terms of Agreement 16 20 Section 10.911.9. Counterparts 17 21 EXHIBIT A PROJECT DESCRIPTION EXHIBIT B PROJECT BUDGET EXHIBIT C FORM OF REQUISITION EXHIBIT D SCHEDULE OF DISBURSEMENTS EXHIBIT E FORM OF CHANGE ORDER EXHIBIT F PROJECTED DRAWDOWN CERTIFICATE Exhibit 10.55 FINANCING AGREEMENT THIS FINANCING AGREEMENT (this “Agreement”) is made as of this 5th 17th day of AprilMay, 20232024, between the DELAWARE DRINKING WATER STATE REVOLVING FUND, acting by and through the DELAWARE DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH, a public agency of The State of Delaware (the “Department”) and TIDEWATER UTILITIES, INC., a corporation organized under the laws of The State of Delaware (the “Borrower”). Pursuant to Title 29 Delaware Code Section 7903 (the “Act”), the General Assembly established a permanent and perpetual fund known as the “Delaware Drinking Water State Revolving Fund” (the “Fund”) and empowered the Secretary of the Department of Health & Social Services to administer such Fund. From the Fund, the Department from time to time makes loans to and acquires obligations of eligible persons in Delaware to finance the costs of drinking water facilities in accordance with the Federal Safe Drinking Water Act. General information on Drinking Water State Revolving Funds can be found at: xxxxx://xxx.xxx.xxx/dwsrf. The Borrower requested a loan (the “Loan”) from the Fund and will evidence its obligation to repay the Loan by the signing of this Agreement and by the delivery of its General Obligation Bond (Angola DelDOT - RT 1 - Xxxxx Xxxxxxx Interconnection Main Replacements Project), Series 2023A-2024A- DWSRF (the “Bond”). The Borrower will use the Loan Proceeds from the Fund to: (i) finance the linking relocation of existing mains within adjacent roadways in the water supply vicinity of and storage assets south of the Xxxxx Xxxxxxx and Angola systems, and along with the Rehoboth District, completing the connection of the Borrower's 3 large districts north of the inletRoad, as more fully described in Exhibit A and (ii) if desired, pay certain administrative costs and costs of issuing the Bond (collectively, the “Project”).

Limitation of Liability of Borrower’s Officers. 15 Section 10.4. Applicable Law 15 Section 10.5. Severability 15 Section 10.6. Notice 15 Section 10.7. Headings 16 Section 10.8. Terms of Agreement 16 Section 10.9. Counterparts 17 EXHIBIT A PROJECT DESCRIPTION EXHIBIT B PROJECT BUDGET EXHIBIT C FORM OF REQUISITION EXHIBIT D SCHEDULE OF DISBURSEMENTS EXHIBIT E FORM OF CHANGE ORDER EXHIBIT F PROJECTED DRAWDOWN CERTIFICATE FINANCING AGREEMENT THIS FINANCING AGREEMENT (this “Agreement”) is made as of this 5th day of April, 2023, between the DELAWARE DRINKING WATER STATE REVOLVING FUND, acting by and through the DELAWARE DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH, a public agency of The State of Delaware (the “Department”) and TIDEWATER UTILITIES, INC., a corporation organized under the laws of The State of Delaware (the “Borrower”). Pursuant to Title 29 Delaware Code Section 7903 (the “Act”), the General Assembly established a permanent and perpetual fund known as the “Delaware Drinking Water State Revolving Fund” (the “Fund”) and empowered the Secretary of the Department of Health & Social Services to administer such Fund. From the Fund, the Department from time to time makes loans to and acquires obligations of eligible persons in Delaware to finance the costs of drinking water facilities in accordance with the Federal Safe Drinking Water Act. General information on Drinking Water State Revolving Funds can be found at: xxxxx://xxx.xxx.xxx/dwsrf. The Borrower requested a loan (the “Loan”) from the Fund and will evidence its obligation to repay the Loan by the signing of this Agreement and by the delivery of its General Obligation Bond (Angola Xxxxxxx Interconnection DelDOT SR 24-Love Creek to Mulberry Xxxxx Project), Series 2023A2023C-DWSRF (the “Bond”). The Borrower will use the Loan Proceeds from the Fund to: (i) finance the linking installation of new mains in areas along the water supply and project route where new infrastructure has been planned, including a new connection along Mulberry Xxxxx Road, which will interconnect the South Rehoboth elevated storage assets of the Xxxxxxx and Angola systems, and along with the Rehoboth District, completing the connection of the Borrower's 3 large districts north of the inlettank currently under construction, as more fully described in Exhibit A and (ii) if desired, pay certain administrative costs and costs of issuing the Bond (collectively, the “Project”).

Limitation of Liability of Borrower’s Officers. 15 19 Section 10.411.4. Applicable Law 15 19 Section 10.511.5. Severability 15 19 Section 10.611.6. Notice 15 19 Section 10.711.7. Headings 16 20 Section 10.811.8. Terms of Agreement 16 20 Section 10.911.9. Counterparts 17 21 EXHIBIT A PROJECT DESCRIPTION EXHIBIT B PROJECT BUDGET EXHIBIT C FORM OF REQUISITION EXHIBIT D SCHEDULE OF DISBURSEMENTS EXHIBIT E FORM OF CHANGE ORDER EXHIBIT F PROJECTED DRAWDOWN CERTIFICATE Exhibit 10.56 FINANCING AGREEMENT THIS FINANCING AGREEMENT (this “Agreement”) is made as of this 5th 17th day of AprilMay, 20232024, between the DELAWARE DRINKING WATER STATE REVOLVING FUND, acting by and through the DELAWARE DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH, a public agency of The State of Delaware (the “Department”) and TIDEWATER UTILITIES, INC., a corporation organized under the laws of The State of Delaware (the “Borrower”). Pursuant to Title 29 Delaware Code Section 7903 (the “Act”), the General Assembly established a permanent and perpetual fund known as the “Delaware Drinking Water State Revolving Fund” (the “Fund”) and empowered the Secretary of the Department of Health & Social Services to administer such Fund. From the Fund, the Department from time to time makes loans to and acquires obligations of eligible persons in Delaware to finance the costs of drinking water facilities in accordance with the Federal Safe Drinking Water Act. General information on Drinking Water State Revolving Funds can be found at: xxxxx://xxx.xxx.xxx/dwsrf. The Borrower requested a loan (the “Loan”) from the Fund and will evidence its obligation to repay the Loan by the signing of this Agreement and by the delivery of its General Obligation Bond (Angola Xxxxxxx Kendale Road Interconnection Project), Series 2023A2024D-DWSRF (the “Bond”). The Borrower will use the Loan Proceeds from the Fund to: (i) finance the linking extension of a 16'' main along Kendale Road to connect the water supply existing 16" mains located on Beaver Dam Road and storage assets of the Xxxxxxx and Angola systems, and along with the Rehoboth District, completing the connection of the Borrower's 3 large districts north of the inletRobinsonville Road, as more fully described in Exhibit A and (ii) if desired, pay certain administrative costs and costs of issuing the Bond (collectively, the “Project”).