Special Exculpation. No claim may be made by Borrower or any other person against Lender, directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or any other financing document or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith and Borrower hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. TO THE EXTENT PERMITTED BY APPLICABLE GOVERNMENT RULE, NO CLAIM MAY BE MADE BY ANY PARTY HERETO AGAINST ANY OTHER PARTY HERETO OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION WITH THIS NOTE OR THE TRANSACTION CONTEMPLATED BY THIS NOTE (OTHER THAN THE RIGHTS OF CHENIERE EXPRESSLY SET FORTH IN THIS NOTE), AND EACH PARTY HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Special Exculpation. NO CLAIM MAY BE MADE BY ANY PARTY HERETO OR ANY OTHER PERSON AGAINST THE OTHER PARTY HERETO, THE OWNER LESSOR (OR ANY PERSON FOR WHOSE BENEFIT THE OWNER LESSOR ACTS) OR THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS GUARANTEE OR THE TRANSACTIONS CONTEMPLATED HEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH AND EACH PARTY HERETO HEREBY WAIVES, RELEASES AND AGREES, FOR ITSELF AND THOSE WHO CLAIM THROUGH IT, NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Special Exculpation. To the extent permitted by applicable law, no claim may be made by any party hereto or any other person against any other party hereto or the affiliates, directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or the transactions contemplated hereby, or any act, omission or event occurring in connection therewith and the parties hereto hereby waive, release and agree not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. No claim may be made by Midcoast and its wholly owned subsidiaries or any other person or entity against EEP or its partners, or equity interest holders or any of its or their respective directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or any other financing document or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith and Midcoast hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. NO CLAIM MAY BE MADE BY THE COMPANY OR ANY OTHER PERSON AGAINST THE COLLATERAL AGENT OR ANY LENDER OR THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THE FINANCING DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH AND THE COMPANY HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Special Exculpation. No claim may be made by Borrower or any other Person against Lender or its partners, or equity interest holders or any of its or their respective directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or any other financing document or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith and Borrower hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. No claim may be made by the Issuers or any other Person against the Collateral Agent, the Depositary Agent or any other Secured Party or the shareholders, affiliates, directors, officers, trustees, employees, attorneys or agents of any of them for any special, indirect, consequential, incidental or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith and each Issuer hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. 29 Section 7.11 GOVERNING LAW...................................................30 SCHEDULE SCHEDULE I Accounts EXHIBITS EXHIBIT A Form of Instruction Letter EXHIBIT B Form of Funding Date Certificate APPENDIX A DEFINITIONS AMENDED AND RESTATED DEPOSIT AND DISBURSEMENT AGREEMENT (this "Depositary Agreement") dated as of April 10, 2001 among (i) AES EASTERN ENERGY, L.P., a limited partnership organized under the State of Delaware ("AEE"); (ii) AEE2, L.L.C., a limited liability company organized under the laws of the State of Delaware ("AEE2"), AES SOMERSET, L.L.C., a Delaware limited liability company, AES CAYUGA, L.L.C., a Delaware limited liability company, AES WESTOVER, L.L.C., a Delaware limited liability company, and AES GREXXXXXX, L.L.C., a Delaware limited liability company; (iii) UNIOX XXXX XX CALIFORNIA, N.A., as agent for itself and certain other banks and financial institutions under the Working Capital Facility (in such capacity, together with its successors and assigns in such capacity, the "Agent"), as Working Capital Provider; (iv) KINTIGH FACILITY TRUST A-1, a Delaware business trust; (v) KINTIGH XXXXXXXY TRUST A-2, a Delaware business trust; (vi) KINTIGH XXXXXXTY TRUST B-1, a Delaware business trust; (vii) KINTIGX XXXXXITY TRUST B-2, a Delaware business trust; (viii) KINTIXX XXXXLITY TRUST C-1, a Delaware business trust; (ix) KINTIGH XXXXXXTY TRUST C-2, a Delaware business trust; (x) MILLIKEN XXXXXXTY TRUST A-1, a Delaware business trust; (xi) MILLIKXX XXXXXITY TRUST A-2, a Delaware business trust; (xii) MILLIXXX XXXXLITY TRUST B-1, a Delaware business trust; (xiii) MILLXXXX XXXILITY TRUST B-2, a Delaware business trust; (xiv) MILLIXXX XXXXLITY TRUST C-1, a Delaware business trust; (xv) MILLIKXX XXXXXITY TRUST C-2, a Delaware business trust; (xvi) DCC PXXXXXX XINANCE FOURTEEN, INC., as Owner Participant under two Participation Agreements (Kintigh A-1 and Milliken A-1); (xvii) DCC PROJECT FINANCE FIFTEEN, XXX., xs Owner Pxxxxxxxxnt under two Participation Agreements (Kintigh A-2 and Milliken A-2); (xviii) FIRST CHICAGO LEASING CORPORXXXXX, as Owner Xxxxxxxxant under two Participation Agreements (Kintigh B-1 and Milliken B-1); (xix) FIRST CHICAGO LEASING CORPORATXXX, xx Owner Paxxxxxxxxt under two Participation Agreements (Kintigh B-2 and Milliken B-2); (xx) BANKERS COMMERCIAL CORPORATION, xx Xxxer Particxxxxx xxder two Participation Agreements (Kintigh C-1 and Milliken C-1); (xxi) BANKERS COMMERCIAL CORPORATION, xx Xxner Partixxxxxx xnder tw...
Special Exculpation. NO CLAIM MAY BE MADE BY THE GUARANTOR OR ------------------- ANY OTHER PERSON AGAINST THE COLLATERAL AGENT, THE DEPOSITARY AGENT, THE ADMINISTRATIVE AGENT OR ANY OTHER SECURED PARTY OR THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS MASTER GUARANTEE OR ANY OTHER PROJECT DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH AND THE GUARANTOR HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
