Common use of Measuring Life Clause in Contracts

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.

Appears in 7 contracts

Samples: Facility Lease Agreement (Eme Homer City Generation Lp), Participation Agreement (Dynegy Danskammer LLC), Facility Lease Agreement (Dynegy Danskammer LLC)

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Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. XxxxxxxxxFranklin D. Roosevelt, Xxxxx X. XxxxxxHarry S. Truman, Xxxxxx X. XxxxxxxxxxDwight D. Eisenhower, Xxxx John X. Xxxxxxx, Xxxxxx X. XxxxxxxJxxxxxx, Xxxxxxx X. M. Xxxxx, Xxxxxx X. XxxxXorx, Xxxxx X. XxxxxxXxxtex, Xxxxxx X. XxxxxxXxxxan, Xxxxxx X.X. XxxxXxsh, Xxxxxxx X. Xlixxxx xxx Xxxxxx W. Xxxx xx (xx) xhe xxxxxx xxxxxxxx uxxxx xxx Xxxxxxx and Xxxxxx X. Xtatutxxx Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Xxxxxst Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter. No Partnership, Etc. The parties hereto intend that nothing contained in this Participation Agreement or any other Operative Document shall be deemed or construed to create a partnership, joint venture or other co-ownership arrangement by and among any of them.

Appears in 6 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. XxxxxxxxxFranklin D. Roosevelt, Xxxxx X. XxxxxxHarry S. Truman, Xxxxxx X. XxxxxxxxxxDwight D. Eisenhower, Xxxx John X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx Xxxxxxd X. Xxxxx, Xxxxxx X. XxxxFoxx, Xxxxx X. XxxxxxXxrtxx, Xxxxxx X. XxxxxxXxxgax, Xxxxxx X.X. XxxxXusx, Xxxxxxx X. Xxxxxxx and Xxxxxx Clxxxxx xxx Xxxxxe X. Xxxx or xx (iixx) the period provided under the Uniform Statutory Rule Against thx xxxxxx xxxxxxxd xxxxx xxx Xxxxxxx Statuxxxx Xxxx Xxxxnst Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter. No Partnership, Etc. The parties hereto intend that nothing contained in this Participation Agreement or any other Operative Document shall be deemed or construed to create a partnership, joint venture or other co-ownership arrangement by and among any of them.

Appears in 5 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 4 contracts

Samples: Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 4 contracts

Samples: Dickerson Participation Agreement (Mirant Mid Atlantic LLC), Participation Agreement (Edison Mission Energy), Participation Agreement (Edison Mission Energy)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxxx, Xxxxxx X. Xxxx and Xxxxxx Xxxxx, or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 3 contracts

Samples: Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.

Appears in 3 contracts

Samples: Facility Lease Agreement (Edison Mission Energy), Facility Lease Agreement (Edison Mission Energy), Facility Lease Agreement (Mirant Mid Atlantic LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Site Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Site Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Site Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific specified applicable period of time expressed in this Facility Site Lease, whichever of (a) and (b) is shorter.

Appears in 2 contracts

Samples: Lease and Easement Agreement (Mirant Mid Atlantic LLC), Lease and Easement Agreement (Mirant Mid Atlantic LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will shall be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. XxxxxxxxxxXxxxx­xxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific specified applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 2 contracts

Samples: Easement and Indemnification Agreement (Madison Gas & Electric Co), Easement and Indemnification Agreement (Madison Gas & Electric Co)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx Franxxxx X. Xxxxxxxxx, Xxxxx Xxrrx X. Xxxxxx, Xxxxxx Xxigxx X. Xxxxxxxxxx, Xxxx Xxhn X. Xxxxxxx, Xxxxxx Xxndxx X. Xxxxxxx, Xxxxxxx Xxchxxx X. Xxxxx, Xxxxxx Xxraxx X. Xxxx, Xxxxx Xxmex X. Xxxxxx, Xxxxxx Xxnaxx X. Xxxxxx, Xxxxxx Xxorxx X.X. Xxxx, Xxxxxxx Xxxx xxx Willxxx X. Xxxxxxx and Xxxxxx X. Xxxx or xx (ii) the period provided 71 79 under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 2 contracts

Samples: Participation Agreement (PPL Montana LLC), Participation Agreement (PPL Montana LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseOmnibus Voting Agreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseOmnibus Voting Agreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx Franxxxx X. Xxxxxxxxx, Xxxxx Xxrrx X. Xxxxxx, Xxxxxx Xxigxx X. Xxxxxxxxxx, Xxxx Xxhn X. Xxxxxxx, Xxxxxx Xxndxx X. Xxxxxxx, Xxxxxxx Xxchxxx X. Xxxxx, Xxxxxx Xxraxx X. Xxxx, Xxxxx Xxmex X. Xxxxxx, Xxxxxx Xxnaxx X. Xxxxxx, Xxxxxx Xxorxx X.X. Xxxx, Xxxxxxx Xxxx xxx Willxxx X. Xxxxxxx and Xxxxxx X. Xxxx or xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseOmnibus Voting Agreement, whichever of (a) and (b) is shorter.

Appears in 2 contracts

Samples: Omnibus Voting Rights Agreement (PPL Montana LLC), Omnibus Voting Rights Agreement (PPL Montana LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.. XXXXXXXXX FACILITY LEASE (L1) -----------------------------

Appears in 1 contract

Samples: Facility Lease Agreement (Mirant Mid Atlantic LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseSite Sublease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseSite Sublease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Site Sublease of the following Presidents of the United States: Xxxxxxxx X. XxxxxxxxxFranklin D. Roosevelt, Xxxxx X. XxxxxxHarry S. Truman, Xxxxxx X. XxxxxxxxxxDwight D. Eisenhower, Xxxx Jxxx X. Xxxxxxx, Xxxxxx X. Xxxxxn B. Xxxxxxx, Xxxxxxx Xxxharx X. Xxxxx, Xxxxxx X. R. Xxxx, Xxxxx X. XxxxxxCaxxxx, Xxxxxx X. XxxxxxReaxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. J. Xxxxxxx and Xxxxxx xxx Xeorxx X. Xxxx or xx (iixi) the period provided under the Uniform Statutory Rule xxx xxxxxx xxxxidxx xxxxx xxx Xxxxxrm Stxxxxxxx Xxxx Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseSite Sublease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Keyspan Corp

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Head Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Head Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will shall be exercisable only during (a) the longer of (i) a period which will shall end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Head Lease of Xxxxxx X. Xxxxx and the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxxx, Xxxxxx X. Xxxx and Barack H. Obama or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Head Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Head Lease Agreement (Tennessee Valley Authority)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, Lease would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that that, notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor 31 of the descendants living on the date of the execution of this Facility Lease of Xxxxxx X. Xxxxx and the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxxx, Xxxxxx X. Xxxx and Barack H. Obama or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.. Section 23.14

Appears in 1 contract

Samples: Lease Purchase Agreement

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. XxxxxxxxxFranklin D. Roosevelt, Xxxxx X. XxxxxxHarry S. Truman, Xxxxxx X. XxxxxxxxxxDwight D. Eisenhower, Xxxx Joxx X. Xxxxxxx, Xxxxxx X. Xxxxxn B. Xxxxxxx, Xxxxxxx Xxxharx X. Xxxxx, Xxxxxx X. R. Xxxx, Xxxxx X. XxxxxxCaxxxx, Xxxxxx X. XxxxxxReaxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. J. Xxxxxxx and Xxxxxx xxx Xeorxx X. Xxxx or xx (iixi) the period provided under the Uniform Statutory Rule xxx xxxxxx xxxxidxx xxxxx xxx Xxxxxrm Stxxxxxxx Xxxx Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Facility Lease Agreement (Keyspan Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would,, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Shawville Facility Lease 51 Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (aof(a) and (b) is shorter.. • Shawville Facility Lease 52

Appears in 1 contract

Samples: Facility Lease Agreement (GenOn Energy, Inc.)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx Xxxxxxx, and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Participation Agreement (Dynegy Danskammer LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseSite Lease and Sublease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseSite Lease and Sublease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Site Lease and Sublease of the following Presidents of the United States: Xxxxxxxx Franxxxx X. Xxxxxxxxx, Xxxxx Xxrrx X. Xxxxxx, Xxxxxx Xxigxx X. Xxxxxxxxxx, Xxxx Xxhn X. Xxxxxxx, Xxxxxx Xxndxx X. Xxxxxxx, Xxxxxxx Xxchxxx X. Xxxxx, Xxxxxx Xxraxx X. Xxxx, Xxxxx Xxmex X. Xxxxxx, Xxxxxx Xxnaxx X. Xxxxxx, Xxxxxx Xxorxx X.X. Xxxx, Xxxxxxx Xxxx xxx Willxxx X. Xxxxxxx and Xxxxxx X. Xxxx or xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseSite Lease and Sublease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Site Lease and Sublease Agreement (PPL Montana LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx Franxxxx X. Xxxxxxxxx, Xxxxx Xxrrx X. Xxxxxx, Xxxxxx Xxigxx X. Xxxxxxxxxx, Xxxx Xxhn X. Xxxxxxx, Xxxxxx Xxndxx X. Xxxxxxx, Xxxxxxx Xxchxxx X. Xxxxx, Xxxxxx Xxraxx X. Xxxx, Xxxxx Xxmex X. Xxxxxx, Xxxxxx Xxnaxx X. Xxxxxx45 51 Reagxx, Xxxxxx Xxorxx X.X. Xxxx, Xxxxxxx Xxxx xxx Willxxx X. Xxxxxxx and Xxxxxx X. Xxxx or xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Facility Lease Agreement (PPL Montana LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseRocky Mountain Agreements Assignment, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseRocky Mountain Agreements Assignment, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Rocky Mountain Agreements Assignment, of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseRocky Mountain Agreements Assignment, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Mountain Agreements Assignment and Assumption Agreement (Oglethorpe Power Corp)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule 69 or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) 21 years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx Xxxx, or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Participation Agreement

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. XxxxxxxxxFranklin D. Roosevelt, Xxxxx X. XxxxxxHarry S. Truman, Xxxxxx X. XxxxxxxxxxDwight D. Eisenhower, Xxxx John X. Xxxxxxx, Xxxxxx X. XxxxxxxJxxxxxx, Xxxxxxx X. M. Xxxxx, Xxxxxx X. XxxxXorx, Xxxxx X. XxxxxxXxxtex, Xxxxxx X. XxxxxxXxxxan, Xxxxxx X.X. XxxxXxsh, Xxxxxxx X. Xlixxxx xxx Xxxxxx W. Xxxx xx (xx) thx xxxxxx xxxxxxxd xxxxx xxx Xxxxxxx and Xxxxxx X. Statuxxxx Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Xxxxxst Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter. No Partnership, Etc. The parties hereto intend that nothing contained in this Participation Agreement or any other Operative Document shall be deemed or construed to create a partnership, joint venture or other co-ownership arrangement by and among any of them.

Appears in 1 contract

Samples: Participation Agreement (Calpine Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseSite Sublease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseSite Sublease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Site Sublease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseSite Sublease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Sublease Agreement (Dynegy Danskammer LLC)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx Franxxxx X. Xxxxxxxxx, Xxxxx Xxrrx X. Xxxxxx, Xxxxxx Xxigxx X. Xxxxxxxxxx, Xxxx Xxhn X. Xxxxxxx, Xxxxxx Xxndxx X. Xxxxxxx, Xxxxxxx Xxchxxx X. Xxxxx, Xxxxxx Xxraxx X. Xxxx, Xxxxx Xxmex X. Xxxxxx, Xxxxxx Xxnaxx X. Xxxxxx, Xxxxxx Xxorxx X.X. Xxxx, Xxxxxxx Xxxx xxx Willxxx X. Xxxxxxx and Xxxxxx X. Xxxx or xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Reliant Energy Mid Atlantic Power Services Inc)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, Lease would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that that, notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of Xxxxxx X. Xxxxx and the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxxx, Xxxxxx X. Xxxx and Barack H. Obama or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Facility Lease Purchase Agreement (Tennessee Valley Authority)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) 21 years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx Xxxx, or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Participation Agreement (Firstenergy Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Head Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Head Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Head Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Head Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Rocky Mountain Head Lease Agreement (Oglethorpe Power Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, Site Lease would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Site Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) 21 years after the death of the last survivor of the descendants living on the date of the execution of this Facility Site Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities common law rule against perpetuities or (b) the specific specified applicable period of time expressed in this Facility Site Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Site Lease

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Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against 87 Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Participation Agreement (Eme Homer City Generation Lp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseGround Sublease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseGround Sublease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Ground Sublease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseGround Sublease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Ground Sublease Agreement (Oglethorpe Power Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Site Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Site Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Site Lease of the following Presidents of the United States: Xxxxxxxx X. XxxxxxxxxFranklin D. Roosevelt, Xxxxx X. XxxxxxHarry S. Truman, Xxxxxx X. XxxxxxxxxxDwight D. Eisenhower, Xxxx Jxxx X. Xxxxxxx, Xxxxxx X. Xxxxxn B. Xxxxxxx, Xxxxxxx Xxxharx X. Xxxxx, Xxxxxx X. R. Xxxx, Xxxxx X. XxxxxxCaxxxx, Xxxxxx X. XxxxxxReaxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. J. Xxxxxxx and Xxxxxx xxx Xeorxx X. Xxxx or xx (iixi) the period provided under the Uniform Statutory Rule xxx xxxxxx xxxxidxx xxxxx xxx Xxxxxrm Stxxxxxxx Xxxx Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Site Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Site Lease and Easement Agreement (Keyspan Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseSublease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseSublease, such options, rights and privileges, subject to the respective conditions hereof herein governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Sublease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, X. X. Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseSublease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Facility Sublease Agreement (Oglethorpe Power Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, Site Lease would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Site Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) 21 years after the death of the last survivor of the descendants living on the date of the execution of this Facility Site Lease of the following Presidents of the United States: Xxxxxxxx Fxxxxxxx X. Xxxxxxxxx, Xxxxx Hxxxx X. Xxxxxx, Xxxxxx Dxxxxx X. Xxxxxxxxxx, Xxxx Jxxx X. Xxxxxxx, Xxxxxx Lxxxxx X. Xxxxxxx, Xxxxxxx Rxxxxxx X. Xxxxx, Xxxxxx Gxxxxx X. Xxxx, Xxxxx Jxxxx X. Xxxxxx, Xxxxxx Rxxxxx X. Xxxxxx, Xxxxxx Gxxxxx X.X. Xxxx, Xxxxxxx Wxxxxxx X. Xxxxxxx and Xxxxxx Gxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities common law rule against perpetuities or (b) the specific specified applicable period of time expressed in this Facility Site Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Site Lease (Firstenergy Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Head Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Head Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will shall be exercisable only during (a) the longer of (i) a period which will shall end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Head Lease of Xxxxxx X. Xxxxx and the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxxx, Xxxxxx X. Xxxx and Barack H. Obama or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Head Lease, whichever of (a) and (b) is shorter. Section 14.13.

Appears in 1 contract

Samples: Lease Agreement

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx Franxxxx X. Xxxxxxxxx, Xxxxx Xxrrx X. Xxxxxx, Xxxxxx Xxigxx X. Xxxxxxxxxx, Xxxx Xxhn X. Xxxxxxx, Xxxxxx Xxndxx X. Xxxxxxx, Xxxxxxx Xxchxxx X. Xxxxx, Xxxxxx Xxraxx X. Xxxx, Xxxxx Xxmex X. Xxxxxx, Xxxxxx Xxnaxx X. Xxxxxx46 52 Reagxx, Xxxxxx Xxorxx X.X. Xxxx, Xxxxxxx Xxxx xxx Willxxx X. Xxxxxxx and Xxxxxx X. Xxxx or xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Facility Lease Agreement (PPL Montana LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Ground Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Ground Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Ground Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Ground Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Ground Lease Agreement (Oglethorpe Power Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseSublease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseSublease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Sublease of the following Presidents of the United States: Xxxxxxxx Fxxxxxxx X. Xxxxxxxxx, Xxxxx Hxxxx X. Xxxxxx, Xxxxxx Dxxxxx X. Xxxxxxxxxx, Xxxx Jxxx X. Xxxxxxx, Xxxxxx Lxxxxx X. Xxxxxxx, Xxxxxxx Rxxxxxx X. Xxxxx, Xxxxxx Gxxxxx X. Xxxx, Xxxxx Jxxxx X. Xxxxxx, Xxxxxx Rxxxxx X. Xxxxxx, Xxxxxx Gxxxxx X.X. Xxxx, Xxxxxxx Wxxxxxx X. Xxxxxxx and Xxxxxx Gxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseSublease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Membership Interest and Stock Purchase Agreement (Transcanada Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Head Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Head Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will shall be exercisable only during (a) the longer of (i) a period which will shall end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Head Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxxx, Xxxxxx X. Xxxx and Barack H. Obama, or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities Perpetuities, or (b) the specific applicable period of time expressed in this Facility Head Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Head Lease Agreement (Tennessee Valley Authority)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Keystone Facility Lease 53 HOUOU87609.2. Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (aof(a) and (b) is shorter. Keystone Facility Lease 54 HOUOl:587609.2.

Appears in 1 contract

Samples: Facility Lease Agreement (GenOn Energy, Inc.)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseGround Sub-sublease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseGround Sub-sublease, such options, rights and privileges, subject to the respective conditions hereof herein governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Ground Sub-sublease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseGround Sub-sublease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Sub Sublease Agreement (Oglethorpe Power Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the ofthe execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Conemaugh Facility Lease 53 HOUOI:587603.2 Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.. Conemaugh Facility Lease 54 HOUOI:587603.2

Appears in 1 contract

Samples: Facility Lease Agreement (GenOn Energy, Inc.)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Site Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Site Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Site Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Site Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Site Lease Agreement (Dynegy Danskammer LLC)

Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxxx, Xxxxxx X. Xxxx and Xxxxxx Xxxxx, or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.or

Appears in 1 contract

Samples: Participation Agreement (Midwest Generation LLC)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility LeaseAgreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility LeaseAgreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease Agreement, of the following Presidents of the United States: Xxxxxxxx Franxxxx X. Xxxxxxxxx, Xxxxx Xxrrx X. Xxxxxx, Xxxxxx Xxigxx X. Xxxxxxxxxx, Xxxx Xxhn X. Xxxxxxx, Xxxxxx Xxndxx X. Xxxxxxx, Xxxxxxx Xxchxxx X. Xxxxx, Xxxxxx Xxraxx X. Xxxx, Xxxxx Xxmex X. Xxxxxx, Xxxxxx Xxnaxx X. Xxxxxx, Xxxxxx Xxorxx X.X. Xxxx, Xxxxxxx Xxxx xxx Willxxx X. Xxxxxxx and Xxxxxx X. Xxxx or xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility LeaseAgreement, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: PPL Montana LLC

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of or property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxx and Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Facility Lease Agreement (Oglethorpe Power Corp)

Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, Lease would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that that, notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxxx, Xxxxxx X. Xxxx and Barack H. Obama, or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities Perpetuities, or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.

Appears in 1 contract

Samples: Lease Purchase Agreement (Tennessee Valley Authority)

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