Limitation of Liability of Trust Company. It is ---------------------------------------- expressly understood and agreed by and among the parties hereto that except as otherwise expressly provided herein, (i) this Participation Agreement is executed and delivered by Trust Company not in its individual capacity but solely as Owner Trustee in the exercise of the power and authority conferred and vested in it as such owner Trustee, (ii) each of the representations, undertaking and agreements made herein by Owner Trustee are not personal representations, undertakings and agreements of the Trust Company, but are binding only upon the Lessor's Estate and Owner Trustee, as trustee, (iii) actions to be taken by Owner Trustee pursuant to its obligations hereunder may, in certain instances, be taken by Owner Trustee only upon specific authority of Owner Participant, and (iv) except as expressly set forth herein or in the other Operative Documents or the Xxxxxx Agreements, nothing herein contained shall be construed as creating any liability of Trust Company, or any incorporator or any past, present or future subscriber to the capital stock of, or stockholder, officer or director of, Trust Company, all such liability, if any, being expressly waived by the other parties hereto, and by any Person claiming by, through or under them.
Limitation of Liability of Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Site Sublease is executed and delivered by a representative of the Trust Company, not individually or personally but solely as the Owner Trustee of and on behalf of Site Sublessor, as trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it pursuant thereto, (b) each of the representations, undertakings and agreements herein made on the part of Site Sublessor is made and intended not as a personal representation, undertaking and agreement by the Trust Company but for the purpose of binding only Site Sublessor, (c) nothing herein contained shall be construed as creating any liability on the Trust Company, individually or personally, to perform any covenant either expressed or implied herein, all such liability, if any, being expressly waived by the parties hereto or by any Person claiming by, through or under the parties hereto, and (d) under no circumstances shall the Trust Company be personally liable for the payment of any indebtedness or expenses of Site Sublessor or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Site Sublessor under this Site Sublease. Notwithstanding the foregoing, the Trust Company is an intended beneficiary of this Site Sublease. [Signature Page Follows] Exhibit A to Site Sublease Legal Description of the Facility Site ALL that certain piece or parcel of land lying and being situate in the Borough of Shippingport, County of Beaver, and Commonwealth of Pennsylvania, and being more particularly bounded and described as follows: BEGINNING at a concrete monument a the intersection of the Pennsylvania Power Company’s Xxxxx Xxxxxxxxx Plant South property line with the Westerly right-of-way of the New Cumberland and Pittsburgh Railroad (now Penn Central Railroad) said concrete monument bears South 85° 11’ East, a distance of 152.70 feet, and South 33° 16’ East, a distance of 324.80 feet from the Grantor’s Southwest property corner; thence from said concrete monument South 51° 00’ East, a distance of 187.39 feet to a point, said point bears North 51° 00’ West, a distance of 8.00 feet from the East-West baseline column row (P) of the Xxxxx Xxxxxxxxx Plant; thence North 39° 00’ East, a distance of 2,010.35 feet to the North-South baseline column row (10) and the true place of beginning of the premises herein to be described and being the Xxxxxxxxx xxxxxx x...
Limitation of Liability of Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Site Lease is executed and delivered by a representative of the Trust Company, not individually or personally but solely as the Owner Trustee of and on behalf of Site Lessee, as trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it pursuant thereto, (b) each of the representations, undertakings and agreements herein made on the part of Site Lessee is made and intended not as a personal representation, undertaking and agreement of the Trust Company but for the purpose of binding only Site Lessee, (c) nothing herein contained shall be construed as creating any liability on the Trust Company, individually or personally, to perform any covenant either expressed or implied herein, all such liability, if any, being expressly waived by the parties hereto, and (d) under no circumstances shall the Trust Company be personally liable for the payment of any indebtedness or expenses of Site Lessee or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Site Lessee under this Site Lease. Notwithstanding the foregoing, the Trust Company is an intended beneficiary of this Site Lease.
Limitation of Liability of Trust Company. It is understood and agreed that the Trust Company, by executing this Agreement as “Purchaser”, is entering into this Agreement solely in its capacity as Trustee under the Trust and that all of the representations, warranties, undertakings and agreements of, by and for the purpose of binding Purchaser are not the responsibility of the Trust Company individually but are intended solely for the purpose of binding the Trust and that the Trust Company shall not be liable or accountable in its individual capacity in any circumstances whatsoever except as otherwise expressly provided in this Agreement or in the Trust Agreement. It is further agreed that all Persons having any claims against the Purchaser as a result of this Agreement or transactions contemplated hereby shall look solely to the Trust Estate for satisfaction thereof. It is also understood and agreed that, absent written instructions from the Participants pursuant to the Trust Agreement, the Trust Company acting in its capacity as Trustee under the Trust shall not be under any obligation to exercise any of the permissive rights or powers granted to Purchaser under this Agreement.
