Common use of Own responsibility Clause in Contracts

Own responsibility. (a) It is understood and agreed by each Consenting Noteholder, for the benefit of the Ad Hoc Group, that at all times it has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising in respect of the business of the Company and the Group or under or in connection with the Transaction, this Agreement and any associated documentation including, but not limited to: (i) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group; (ii) the legality, validity, effectiveness, completeness, adequacy and enforceability of any document entered into by any person in connection with the business or operations of the Company or the Group or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; (iii) whether such Consenting Noteholder has recourse (and the nature and extent of that recourse) against any Company Party or any other person or any of their respective assets under or in connection with the Transaction and/or any associated documentation, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; (iv) the adequacy, accuracy and/or completeness of any information provided by any Company Party and advisors or by any other person in connection with the Transaction, and/or any associated documentation, the transactions contemplated therein, or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; and (v) the adequacy, accuracy and/or completeness of any advice obtained by the Ad Hoc Group or the Company Parties in connection with the Transaction or in connection with the business or operations of the Company Parties or the Group. (b) Each Consenting Noteholder acknowledges to the Ad Hoc Group that it has not relied on, and will not hereafter rely on, the Ad Hoc Group or any of them in respect of any of the matters referred to in paragraph (a) above and that consequently the Ad Hoc Group members shall not have any liability (whether direct or indirect, in contract, tort or otherwise) or responsibility to any Consenting Noteholder or any other person in respect of such matters.

Own responsibility. (a) It is understood and agreed by each Consenting Noteholder, for Beneficiary (except the benefit of the Ad Hoc Group, Trustee and Paying Agent and Account Bank) that at all times it that Beneficiary has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising in respect of the business of the Company and the Group or under or in connection with the Transaction, this Agreement and any associated documentation including, including but not limited to: (i) the financial condition, creditworthiness, condition, affairs, status and nature of the Operator, each member of the GroupConsortium Members and each of the Buyers; (ii) the financial condition, creditworthiness, condition, value, affairs, status and nature of the Project; (iii) the legality, validity, effectiveness, completeness, adequacy and enforceability of this Agreement and the Security and the Underlying Security and any other agreement, arrangement or document entered into by any person into, made or executed in anticipation of, pursuant to or in connection with this Agreement, the business or operations of the Company Security or the Group Underlying Security; (iv) whether that Beneficiary has recourse, and the nature and extent of that recourse, against the Operator, any Consortium Member, any Buyer or any other person or any of their respective assets under or in connection with this Agreement, the transactions contemplated in this Agreement or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transactionthis Agreement; (iiiv) whether such Consenting Noteholder has recourse (and the nature and extent adequacy, accuracy and/or completeness of that recourse) against any Company Party or information provided by any other person or any of their respective assets under or in connection with the Transaction and/or any associated documentationthis Agreement, the transactions therein contemplated in this Agreement or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; (iv) the adequacy, accuracy and/or completeness of any information provided by any Company Party and advisors or by any other person in connection with the Transaction, and/or any associated documentation, the transactions contemplated therein, or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; this Agreement: and (vvi) the adequacy, accuracy and/or completeness right or title of any advice obtained by the Ad Hoc Group person in or to, or the Company Parties in connection with the Transaction value or in connection with the business or operations sufficiency of any part of the Company Parties Trust Property, the priority of any of the Security, the Underlying Security or the Group. (b) Each Consenting Noteholder acknowledges existence of any security interest affecting the Trust Property, and the Operator for and on behalf of itself and the Consortium Members warrants to the Ad Hoc Group Trustee and Paying Agent that it has not relied on, on and will not hereafter at any time rely on, on the Ad Hoc Group or any of them Trustee and Paying Agent in respect of any of the matters referred to in paragraph (a) above and that consequently the Ad Hoc Group members shall not have any liability (whether direct or indirect, in contract, tort or otherwise) or responsibility to any Consenting Noteholder or any other person in respect of such these matters.

Own responsibility. (a) It is understood and agreed by each Consenting Noteholder, for Beneficiary (except the benefit of the Ad Hoc Group, Trustee and Paying Agent and Account Bank) that at all times it that Beneficiary has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising in respect of the business of the Company and the Group or under or in connection with the Transaction, this Agreement and any associated documentation including, including but not limited to: (i) the financial condition, creditworthiness, condition, affairs, status and nature of the Operator, each member of the GroupConsortium Members and each of the Buyers; (ii) the financial condition, creditworthiness, condition, value, affairs, status and nature of the Project; (iii) the legality, validity, effectiveness, completeness, adequacy and enforceability of this Agreement and the Security and the Underlying Security and any other agreement, arrangement or document entered into by any person into, made or executed in anticipation of, pursuant to or in connection with this Agreement, the business or operations of the Company Security or the Group Underlying Security; (iv) whether that Beneficiary has recourse, and the nature and extent of that recourse, against the Operator, any Consortium Member, any Buyer or any other person or any of their respective assets under or in connection with this Agreement, the transactions contemplated in this Agreement or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transactionthis Agreement; (iiiv) whether such Consenting Noteholder has recourse (and the nature and extent adequacy, accuracy and/or completeness of that recourse) against any Company Party or information provided by any other person or any of their respective assets under or in connection with the Transaction and/or any associated documentationthis Agreement, the transactions therein contemplated in this Agreement or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; (iv) the adequacy, accuracy and/or completeness of any information provided by any Company Party and advisors or by any other person in connection with the Transaction, and/or any associated documentation, the transactions contemplated therein, or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transactionthis Agreement; and (vvi) the adequacy, accuracy and/or completeness right or title of any advice obtained by the Ad Hoc Group person in or to, or the Company Parties in connection with the Transaction value or in connection with the business or operations sufficiency of any part of the Company Parties Trust Property, the priority of any of the Security, the Underlying Security or the Group. (b) Each Consenting Noteholder acknowledges existence of any security interest affecting the Trust Property, and the Operator for and on behalf of itself and the Consortium Members warrants to the Ad Hoc Group Trustee and Paying Agent that it has not relied on, on and will not hereafter at any time rely on, on the Ad Hoc Group or any of them Trustee and Paying Agent in respect of any of the matters referred to in paragraph (a) above and that consequently the Ad Hoc Group members shall not have any liability (whether direct or indirect, in contract, tort or otherwise) or responsibility to any Consenting Noteholder or any other person in respect of such these matters.

Own responsibility. (a) It is understood and agreed by each Consenting Noteholder, Participating Senior Lender for the benefit of the members of the Ad Hoc Group, Group that at all times it has itself been, and will continue to be, solely responsible for making its own independent appraisal of of, and investigation into into, all risks arising in respect of the business of the Company and the Group or under or in connection with the Transaction, this Agreement the Transaction Documents and any associated transactions and documentation including, but not limited to: (i) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group; (ii) the legality, validity, effectiveness, completeness, adequacy and enforceability of any document entered into by any person in connection with the business or operations of the Company or the Group or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; (iii) whether such Consenting Noteholder Participating Senior Lender has recourse (recourse, and the nature and extent of that recourse) , against any Company Party the Group or any other person or any of their the respective assets under or in connection with this Agreement, the Transaction and/or any associated documentation, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; (iv) the adequacy, accuracy and/or completeness of any information provided by any Company other Party and advisors each of their Advisors or by any other person in connection with the Transaction, and/or any associated documentation, the transactions contemplated therein, therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Transaction; and (v) the adequacy, accuracy and/or completeness of any advice obtained by the members of the Ad Hoc Group or the Company Parties any other Party in connection with the Transaction or in connection with the business or operations of the Company Parties or the Group. (b) Each Consenting Noteholder acknowledges to the Ad Hoc Group that it has not relied on, and will not hereafter rely on, the Ad Hoc Group or any of them in respect of any of the matters referred to in paragraph (a) above and that consequently the Ad Hoc Group members shall not have any liability (whether direct or indirect, in contract, tort or otherwise) or responsibility to any Consenting Noteholder or any other person in respect of such matters.

Own responsibility. (a) It is understood and agreed by each Consenting Noteholder, for the benefit of the Ad Hoc Group, Participating Creidtor that at all times it has itself been, and will continue to be, solely responsible for making its own independent appraisal of of, and investigation into into, all risks arising in respect of the business of the Company and the Group or under or in connection with the TransactionRestructuring, this Agreement and any associated documentation including, but not limited to:including:‌ (i) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group; (ii) the legality, validity, effectiveness, completeness, adequacy and enforceability of any document entered into by any person in connection with the business or operations of the Company or the Group or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the TransactionRestructuring; (iii) whether such Consenting Participating Existing Noteholder has recourse (and the nature and extent of that recourse) against any Company Party member of the Group or any other person or any of their respective assets under or in connection with the Transaction Restructuring and/or any associated documentation, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the TransactionRestructuring; (iv) the adequacy, accuracy and/or completeness of any information provided by any Company Party member of the Group and advisors advisers or by any other person in connection with the TransactionRestructuring, and/or any associated documentation, the transactions contemplated therein, or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the TransactionRestructuring; and (v) the adequacy, accuracy and/or completeness of any advice obtained by the Ad Ad-Hoc Group or the Company Parties in connection with the Transaction Restructuring or in connection with the business or operations of the Company Parties or the Group. (b) Each Consenting Noteholder Accordingly, each Participating Creditor acknowledges to the Ad Ad-Hoc Group that it has not relied on, and will not hereafter rely on, the Ad Ad-Hoc Group or any of them in respect of any of the matters referred to in paragraph (aClause 14.9(a) above and that consequently the Ad Ad-Hoc Group members shall not have any liability (whether direct or indirect, in contract, tort or otherwise) or responsibility to any Consenting Participating Existing Noteholder or any other person in respect of such matters.