Owner Liability. Notwithstanding anything herein to the contrary, Owner’s liability for any payments made to Distribution Company pursuant to Sections 3.3.3, 3.3.5, 3.4, 4.4.1, 4.4.2(a), or 14.4 shall not exceed, in aggregate, the Proportionate Share multiplied by One Hundred Twenty Million Dollars ($120,000,000).
Owner Liability. Except as set forth in the Bond Mortgage and the documents related thereto, the Owner of the Mortgaged Property has no outstanding or continuing payment obligations to the Sponsor, the Issuer or the Bond Trustee, and, to Sponsor’s knowledge, the Sponsor, the Issuer and the Bond Trustee have not breached any obligation or duty owed to the Owner under the Bond Mortgage Documents or at law or in equity the Regulatory Agreement or other similar agreement imposing operating restrictions on the Mortgaged Property.
Owner Liability. Any persons causing injury or damage to other persons, docks, or other Vessels shall be liable, therefore.
Owner Liability. Owner shall not be responsible for claims directly related to hazardous materials at the Project arising out of the grossly negligent or intentional acts of Operator. This provision of the Agreement shall not be construed to require Operator to take corrective action with respect to any hazardous materials at the Project before the date of this Agreement.
Owner Liability a) Unless otherwise agreed, or as required by any legislation, the owner does not accept liability for any Hirer consequential losses arising for any reason.
b) The Hirer agrees to release and indemnify the Owner from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of the misuse of the vehicle.
c) The Owner’s maximum liability in any circumstances is limited to the value of total charges under the Rental Agreement.
Owner Liability. Notwithstanding anything herein to the contrary, Owner’s liability for any payments made to Purchaser pursuant to (x) Sections 3.3.3, 3.3.5, 3.4, 4.4.1, 4.4.3(b)(iii), 7.3, 14.11 and 14.6, (y) Sections 3.3.3, 3.3.5, 3.4, 4.4.1, 4.4.3(b)(iii), 7.3, 14.11 and 14.6 of the Purchaser TSAs and (z) Sections 3.3.5, 3.4, 4.4.1, 7.3, 14.11 and 14.6 of the 110 MW TSA shall not exceed, in aggregate, an amount equal to Sixty Million Dollars ($60,000,000), which $60,000,000 shall be adjusted in accordance with the following:
(a) increased by the total amount of Credit Support provided by Purchaser pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs;
(b) reduced by the amount drawn on any Credit Support provided by Purchaser pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs as a result of a Purchaser Default hereunder and thereunder;
(c) reduced by any amount of Credit Support that has been returned to Purchaser pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs; and
(d) reduced by any amounts paid by Owner pursuant to Section 14.7(f) of this Agreement and Section 14.7(f) of the Purchaser TSAs.
Owner Liability. Owner shall be solely responsible for (a) any violations of Environmental Laws and/or the remediation of any Hazardous Materials; and (b) all vendor claims and tenant claims, whether made against Company, Owner or Manager, and for all acts or omissions of Manager within the scope of its agency performed in accordance with this Agreement; provided, however, in each case that Manager has not acted with fraud, negligence, bad faith or willful misconduct in connection therewith.
Owner Liability. The Resort Owner, the Adjacent Property Owner, the IP Owner and the Café Owner agree that they are all jointly and severally liable with one another with respect to payments and obligations (including, without limitation, indemnification obligations) owing to the Manager hereunder.
Owner Liability. 9.1 The Owner shall not be liable to the Client: * For any temporary defect or stoppage in the supply of public services to the Property, nor in respect of any equipment, plant, machinery or appliance in the property, garden or swimming pool. * For any loss, damage or injury, which is the result of adverse weather conditions, riot, war, strikes or other matters beyond the control of the Owner. * For any loss, damage or inconvenience caused to or suffered by the Client if the Property shall be destroyed or substantially damaged before the start of the rental period and in any such event, the Owner shall, within seven days of notification to the Client, refund to the Client all sums previously paid in respect of the rental period.
9.2 Under no circumstances shall the Owner’s liability to the Client exceed the amount paid to the Owner for the rental period.
Owner Liability. In no event shall Operator be responsible for present or future Environmental Claims directly or indirectly related to or arising out of the actual or alleged existence, generation, use, collection, treatment, storage, transportation, recovery, removal, discharge or disposal of Hazardous Material at the Project or adjacent areas, except as otherwise provided in Section 8.4(b). Without limiting the foregoing, Owner shall defend, indemnify and hold Operator harmless against, and shall reimburse Operator for such Environmental Claims.
