Obligations are Several. For the avoidance of doubt, Except as expressly provided in this Agreement, all obligations, representations, warranties, covenants and agreements of each party hereto contained in this Agreement are several and not joint.
Obligations are Several. Except as expressly provided in this Agreement, all obligations, representations, warranties, covenants and agreements of the Parties contained in this Agreement are several and not joint.
Obligations are Several. The duties, obligations and liabilities of the Transmission Owners hereunder are intended to be several and not joint or collective and no Transmission Owner shall be jointly or severally liable for the acts, omissions, or obligations of any other Transmission Owner. Nothing herein contained shall be construed to create an association, joint venture, partnership or impose a partnership duty, obligation or liability, among the Transmission Owners. No Transmission Owner shall have a right or power to bind any other Transmission Owner without its express written consent, except as expressly provided in this Agreement.
Obligations are Several. The duties, obligations and liabilities of the parties hereunder are intended to be several and not joint or collective and neither of the parties shall be jointly or severally liable for the acts, omissions or obligations of the other. Nothing herein contained shall be construed to create an association, joint venture, partnership, or impose a partnership duty, obligation or liability, on or with regard to either of the parties. No party shall have right or power to bind the other party without its express, written consent, except as expressly provided in this Agreement.
Obligations are Several. The duties, obligations and liabilities of Montana and Puget hereunder are intended to be several and not joint or collective and neither shall be jointly or severally liable for the acts, omissions, or obligations of the other. Nothing herein contained shall be construed to create an association, joint venture, partnership, or impose a partnership duty, obligation or liability, between Montana and Puget. Neither party shall have a right or power to bind the other party without its express written consent, except as expressly provided in this Agreement. This Agreement shall be construed in accordance with the laws of the State of Montana.
Obligations are Several. 23 24. Notices................................................................................ 24 25. Implementation......................................................................... 24 26. Conflict with Facility Leases.......................................................... 25 27.
Obligations are Several. The duties, obligations and liabilities of the Parties are intended to be several and not joint or collective, and no Party shall be jointly and severally liable for the acts, omissions, or obligations of any other Party.
Obligations are Several. (a) The duties, obligations and liabilities of the Owners and Project Users hereunder are intended to be several and not joint or collective and no Owner or Project User shall be jointly or severally liable for the acts, omissions, or obligations of any other Owner or Project User. Nothing herein contained shall be construed to create an association, joint venture, partnership, or impose a partnership duty, obligation or liability, among the Owners and/or Project Users. No Owner or Project User shall have a right or power to bind any other Owner or Project User without its express written consent, except as expressly provided in this Agreement.
(b) Without limiting the obligations of Puget Colstrip Construction Company, Puget Sound Power & Light Company guarantees the performance of all of Puget Colstrip Construction Company's obligations under the Project Agreements.
(c) Without limiting the obligations of First Trust Company of Montana ("Trustee"), The Montana Power Company guarantees the performance of all of Trustee's obligations under the Project Agreements.
(d) The Trustee is executing this Agreement solely in a fiduciary, trust capacity under a Trust Agreement dated December 23, 1980 ("Trust Agreement") by and between The Montana Power Company and the Trustee and not in any individual, personal or other capacity. The Owners (except Montana) agree that they will look solely to the Trust Estate, which term shall have the meaning specified in the Trust Agreement, for the payment of any amounts payable by the Trustee under this Agreement and confirm that the Trustee is not in any way personally liable for any such amounts except for its own gross negligence or willful misconduct.
Obligations are Several. All obligations of the Purchasers pursuant to this Article I shall be individual, and not joint and several. Without limiting any of the conditions set forth in Article V, the failure of any Purchaser to purchase the applicable Sale Shares at a Closing shall not increase any other Purchaser's obligation or commitment, if any, to purchase Sale Shares.
Obligations are Several. 29 30. Notices ....................................................................................................................... 30 31. Implementation ..........................................................................................................
