Common use of No Assumption of Liability Clause in Contracts

No Assumption of Liability. Buyer shall not assume, and Seller, if Seller is the System owner, shall retain and be responsible for, any and all liabilities and obligations of Seller of any kind or nature whatsoever with respect to the System, including, without limitation, any and all liabilities and obligations of Seller under Seller’s Project Documents. “Project Documents” means this Agreement, the executed project development agreement or other agreement between Seller and a project developer evidencing a legally enforceable obligation to develop, design, procure, and install the System warranted to operate at the Host location for at least the Term of the Agreement, and, if Seller is a project developer, any applicable leases, easements, power purchase agreements between the project developer and Host and licenses evidencing project developer’s rights of access and rights to develop, design, procure, install and operate a solar-powered photovoltaic generation system at the Host’s location and warranted to operate at the Host’s location for at least the Term of the Agreement.