RELATIONSHIP OF PARTICIPANTS. 30.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as expressly provided in this Participation Agreement or other Project Agreements.
RELATIONSHIP OF PARTICIPANTS. Nothing contained in this Agreement shall constitute or be construed to create a partnership, joint venture, agency or any other relationship other than that of independent contractors to this Agreement.
RELATIONSHIP OF PARTICIPANTS. The covenants, obligations and liabilities of the Participants and the Development Manager are intended to be several and not joint or collective and nothing herein contained shall ever be construed to create an association, joint venture, trust, partnership or other legal relationship, or to impose a trust or partnership covenant, obligation or liability on or with regard to any of the Participants or the Development Manager. No member or customer of a Participant or customer of a member of a Participant shall be deemed a Participant or party under this Agreement unless they have or it has explicitly accepted in writing all of the terms and conditions of this Agreement. Each Participant and the Development Manager shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant acting in any capacity shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as set forth in this Agreement.
RELATIONSHIP OF PARTICIPANTS. (a) Nothing contained in a Joint Venture Document will be deemed to constitute a Participant being the partner of any other Participant.
RELATIONSHIP OF PARTICIPANTS. 46 26. FORCE MAJEURE.................................................. 48
RELATIONSHIP OF PARTICIPANTS. 23.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and, except as expressly provided in the Project Agreements, nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as provided in the Project Agreements.
RELATIONSHIP OF PARTICIPANTS. 29.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and, except as expressly provided in the Project Agreements, nothing herein contained shall ever -47- <PAGE> be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as provided in the Project Agreements. 29.2 The Co-Tenants hereby elect to be excluded from the application of Subchapter "K" of Chapter 1 of Subtitle "A" of the Internal Revenue Code of 1954, or such portion or portions thereof as may be permitted or authorized by the Secretary of the Treasury or his delegate insofar as such Subchapter, or any portion or portions thereof, may be applicable to the Co-Tenants under the Project Agreements. 30.
RELATIONSHIP OF PARTICIPANTS. (a) Claims by third parties arising out of the activities of the Joint Venture shall be borne by the Participants in proportion to their respective Participating Interests.
RELATIONSHIP OF PARTICIPANTS. 24.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and, except as expressly provided in the Project Agreements, nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as provided in the Project Agreements.
RELATIONSHIP OF PARTICIPANTS. 25.1 The covenants, obligations and liabilities of the Participants shall be several and not joint or collective. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. 25.2 It is not the intention of the Participants to create, nor shall this Restated Agreement be construed as creating, a partnership, association, joint venture or trust, as imposing a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants or as rendering the Participants liable as partners or trustees. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant as such shall be the agent of or have a right or power to bind any other Participant. If, for federal income tax purposes, this Restated Agreement and the operations hereunder are regarded as a partnership, each of the Participants hereto elects to be excluded from the application of all of the provisions of Subchapter "K," Chapter 1, Subtitle "A," of the Internal Revenue Code of 1986, as amended ("Code"), as permitted and authorized by Section 761 of the Code and the regulations promulgated thereunder. OPCO is authorized and directed to execute on behalf of each Participant such evidence of this election as may be required by the Secretary of the Treasury of the United States or the Federal Internal Revenue Service, including specifically, but not by way of limitation, all of the returns, statements, and the data required by Treasury Regulations ss. 1.761. Should there be any requirement that each Participant give further evidence of this election, each Participant shall execute such documents and furnish such other evidence as may be required by the Federal Internal Revenue Service or as may be necessary to evidence this election. No such Participant shall give any notices or take any other action inconsistent with the election made hereby. If any present or future income tax laws of the State of Texas or any future income tax laws of the United States contain provisions similar to those
