Limitation on Superfund Management Obligations Sample Clauses

Limitation on Superfund Management Obligations. If the five percent (5%) net discount rate used to calculate the total principal amount of the funds to be deposited into the Superfund Management Trust Account, as described in Section 18.4 hereof, proves to be inaccurate due to (i) the failure of the funds to accrue interest at the average rate of seven percent (7%) per annum over a period of 100 years, and/or (ii) an inflation rate that exceeds an average rate of two percent (2%) per annum over a period of 100 years, and, as a result, the amount of the funds deposited into the Superfund Management Account pursuant to Section 12.2 hereof, plus all accrued interest and income earned thereon, is not sufficient to pay Superfund Management Costs, then BSB’s responsibility for performance of Superfund Management Obligations under this Agreement shall cease provided that BSB performed the obligation or obligations which lead to the depletion of the funds with due care and in accordance with the material terms and conditions of this Agreement. If BSB fails to exercise due care or fails to comply with the material terms of this Agreement in the performance of any Superfund Management Obligations and such failure results in increased costs for the performance of any such obligation, BSB shall expend for any such obligation, from sources separate and independent of funds provided by AR to BSB pursuant this Agreement, an amount equal to the increased costs associated with any such failure, and BSB’s responsibility for performance of Superfund Management Obligations under this Agreement would thereafter cease. BSB’s satisfaction of BSB’s financial obligation to pay such increased costs shall not limit any remedy that is otherwise available to AR pursuant to Article XX hereof.
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Related to Limitation on Superfund Management Obligations

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