Common use of No Third Party Beneficiary Rights Clause in Contracts

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Members and their respective successors and permitted assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Agreement shall be construed to agreement is for the benefit of the Participants parties and their respective successors and assigns assignees only, and shall is not be construed intended to create third party beneficiary rights in any other party or in any government, governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Except for provisions of Section 4.1, nothing expressed or referred to in this Agreement shall is intended or will be construed to benefit give any Person other than the Participants parties hereto and their respective successors and assigns onlyany legal or equitable right, remedy or claim under or with respect to this Agreement, or any provision hereof, it being the intention of the parties hereto that this Agreement and shall not be construed all of its provisions and conditions are for the sole and exclusive benefit of the parties to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing this Agreement and as provided in Subsection 3.7(a)their respective successors and assigns.

No Third Party Beneficiary Rights. This Agreement agreement shall be construed to benefit the Participants Partners and their respective successors and permitted assigns only, and shall not be construed to create third party beneficiary rights in any other party party, governmental agency or in any governmental organization or agencyorganization, except to the extent required by Project Financing and as provided in Subsection 3.7(a)2.5.1.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and permitted assigns only, and shall not be construed to create third party beneficiary rights in any other party party, governmental agency or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)organization.

No Third Party Beneficiary Rights. This Except for the provisions of Section 8.2, nothing expressed or referred to in this Agreement shall is intended or will be construed to benefit give any Person other than the Participants parties hereto and their respective successors and assigns onlyany legal or equitable right, remedy or claim under or with respect to this Agreement, or any provision hereof, it being the intention of the parties hereto that this Agreement and shall not be construed all of its provisions and conditions are for the sole and exclusive benefit of the parties to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing this Agreement and as provided in Subsection 3.7(a)their respective successors and assigns.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Parties and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)Person.

No Third Party Beneficiary Rights. This No provision of this Agreement is intended or shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to provide or create any third party beneficiary rights right or any other right of any kind in any Person other party or in any governmental organization or agencythan the Parties and their proper successors and assigns, except and all terms and provisions shall be personal solely between the Parties to the extent required by Project Financing this Agreement and as provided in Subsection 3.7(a)such proper successors and assigns.

No Third Party Beneficiary Rights. This Except as provided in Section 8.4, Article 8 or Section 10.3(c) hereof, this Agreement shall be construed is not intended to benefit the Participants and their respective successors and assigns only, and shall not be construed to create give any Person other than the parties signatory hereto any rights (including, without limitation, any third party beneficiary rights in any other party rights) or remedies with respect to or in connection with any governmental organization agreement or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)provision contained herein or contemplated hereby.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Parties and their respective successors and permitted assigns only, and shall not be construed to create third third-party beneficiary rights in any other party or Person. Notwithstanding anything in any governmental organization or agency, except this Agreement to the extent required by Project Financing and as provided in Subsection 3.7(a)contrary, no Person or entity other than a Party shall have the right to enforce any representation or warranty of a Party hereunder, to reimburse or indemnify any other Party hereunder, and, specifically, neither Joint Venture nor any creditor or third party shall have any such rights.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(aSUBSECTION 3.7(A).

No Third Party Beneficiary Rights. This The provisions of this Agreement shall be construed to are for the sole benefit of the Participants Parties and their respective successors and assigns onlypermitted assigns, and they shall not be construed as conferring any rights to create any Third Party (including any third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(arights).. 264814036 v4 EXECUTION COPY CONFIDENTIAL INFORMATION

No Third Party Beneficiary Rights. This Agreement shall be construed to is made solely and specifically between and for the benefit of the Participants parties hereto, and their respective successors and assigns onlyassigns, subject to the express provisions hereof relating to successors and assigns, and no other person, individual, corporation or entity, whatsoever, shall not have any rights, interests or claims hereunder or be construed entitled to create any benefits under or on account of this Agreement as a third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)otherwise.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Members and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, expressly including the Company, or in any governmental organization or agency, except to the extent required by Project Financing and as provided in to permit indemnification of a non-Member Indemnified Party pursuant to Subsection 3.7(a)3.5(a) hereof.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Shareholders and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party private or in public Person including without limitation, any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This The provisions of this Agreement shall be construed to are for the sole benefit of the Participants Parties and their respective successors and assigns onlypermitted assigns, and shall they will not be construed as conferring any rights to create any Third Party (including any third party beneficiary rights in any other party or in any governmental organization or agencyrights), except to that the extent required by Project Financing indemnitees expressly identified in Section 14.1 and as provided in Subsection 3.7(a)Section 14.2 shall be third party beneficiaries of Article 14.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Members and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, expressly including the Company, or in any governmental organization or agency, except to the extent required by Project Financing and as provided in to permit indemnification of a non-Member’s Indemnified Party pursuant to Subsection 3.7(a)3.6(a) hereof.

No Third Party Beneficiary Rights. This The provisions of this Agreement shall be construed to are for the sole benefit of the Participants Parties and their respective successors and assigns onlypermitted assigns, and shall they will not be construed as conferring any rights to create any third party (including any third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(arights).

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Members and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, expressly including the Company, or in any governmental organization or agency, except to the extent required by Project Financing and as provided in to permit indemnification of a non-Member Indemnified Party pursuant to Subsection 3.7(a)2.5(a) hereof.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, governmental agency or in any governmental organization or agencyorganization, except to the extent required by Project Financing and as provided in Subsection 3.7(a)2.5.1.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit benefits only the Participants Parties and their respective successors and assigns onlyassigns, and and, except as specifically set forth herein, shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Parties and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).this Agreement. PART II OPTION PERIOD

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Parties and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, expressly including the JV, or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Members and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)Person.

No Third Party Beneficiary Rights. This The provisions of this Agreement shall be construed to are for the sole benefit of the Participants Parties and their respective successors and assigns onlypermitted assigns, and they shall not be construed as conferring any rights to create any third party (including any third-party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(arights).

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Parties and their respective successors and permitted assigns only, and and, other than the obligations to Indemnified Parties as set out in clause 3.4, shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)party.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)Financing.

No Third Party Beneficiary Rights. This Except as set forth below in Section 16.06, this Agreement shall be construed to is made solely and specifically between and for the benefit of the Participants parties hereto, and their respective successors and assigns onlyassigns, subject to the express provisions hereof relating to successors and assigns, and no other person, individual, corporation or entity, whatsoever shall not have any rights, interests or claims hereunder or be construed entitled to create third any benefits under or on account of this Agreement as a third-party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)otherwise.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Parties and their respective successors and permitted assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a3.6(a).. TABLE OF CONTENTS (continued) Page

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)) .

No Third Party Beneficiary Rights. This Except as provided in Article 12, this Agreement shall be construed to benefit the Participants Parties and their respective successors and permitted assigns only, only and shall not be construed to create third party Third Party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)Person.

No Third Party Beneficiary Rights. This Except as expressly set out herein, this Agreement shall be construed to is for the benefit of the Participants Parties and their respective successors and permitted assigns only, and shall not be construed to create third party beneficiary rights in any other party Person. This Agreement is not intended to confer any benefits upon, or create any rights in favour of, any governmental organization Person or agency, except to entity other than the extent required by Project Financing and as provided in Subsection 3.7(a)Parties.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Members and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, expressly including the Company, or in any governmental organization or agency, except to the extent required by Project Financing and as provided in to permit indemnification of a non-Member's Indemnified Party pursuant to Subsection 3.7(a)3.6(a) hereof.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Agreement shall be construed to agreement is for the benefit of the Participants parties and their respective successors and assigns assignees only, and shall is not be construed intended to create third party beneficiary rights in any other party or in any government, governmental organization or agency, except to the extent required . ELEVENTH: Expenses. Any notary and registrar fees arising from this deed will be equitably borne by Project Financing and as provided in Subsection 3.7(a)both parties.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and permitted assigns only, and shall not be construed to create third party beneficiary rights in any other party or in any governmental organization or agencyPerson, except to the extent required by Project Financing and as provided in Subsection 3.7(a)Section 3.7.

No Third Party Beneficiary Rights. 4.5 This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, governmental agency or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)organization.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Members and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, expressly including the Company, or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)to permit indemnification of a non-Member's Indemnified Party pursuant to SUBSECTION 3.6(A) hereof.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Members and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, expressly including the Company, or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)to permit indemnification of a non-Member’s Indemnified Party.

No Third Party Beneficiary Rights. This Agreement shall agreement is to be construed to benefit the Participants parties and their respective successors and assigns only, and shall is not to be construed to create third party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a).

No Third Party Beneficiary Rights. This Except as expressly provided for in Section 3.7 hereof, this Agreement shall be construed to benefit the Participants and their respective successors and permitted assigns only, only and shall not be construed to create third party beneficiary rights in any other party person, party, governmental agency or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)organization.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants and their respective successors and assigns only, and shall not be construed to create third party beneficiary rights in any other party party, governmental agency or in any governmental organization or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)organization.

No Third Party Beneficiary Rights. This Except as otherwise stated, this Agreement shall inure to the benefit of and be construed to benefit binding only upon the Participants parties hereto and their respective successors and assigns onlyassigns. Nothing in this Agreement is intended, and shall not nor should it be construed construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party beneficiary rights in party, or to waive any other party immunities or in any governmental organization limitations conferred under federal or agency, except to the extent required by Project Financing and as provided in Subsection 3.7(a)state law.

No Third Party Beneficiary Rights. This Agreement shall be construed to benefit the Participants Parties and their respective successors and assigns only, and shall not be construed to create third third-party beneficiary rights in any other party or in any governmental organization or agency, except to the extent required to permit indemnification of a non-Party Indemnified Party pursuant to Section 3.7 and to the extent required by Project Financing and as provided in Subsection 3.7(a)Financing.