Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.2 prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 6 contracts
Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.2 prior to making any payment to such Tax Indemnitee under this SectionSection 9.2. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 4 contracts
Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.2 and any other relevant provision hereof prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Facility Lessee's ’s obligations under this Section 9.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 2 contracts
Samples: Participation Agreement, Participation Agreement (Firstenergy Corp)
Non-Parties. If a Tax Indemnitee is not a party to this ----------- Agreement, the Facility Lessee may require such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.2 4 prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.2 4 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 2 contracts
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease Agreement (Wells Real Estate Investment Trust Inc)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.2 10 prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.2 10 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Reliant Energy Mid Atlantic Power Services Inc)