Common use of Trustee limitation of liability Clause in Contracts

Trustee limitation of liability. (a) This clause 31.8 applies to the Operator as trustee of the Trust to the extent that the Operator is acting in that capacity. (b) Subject to clause 31.8(c) to 31.8(e), the Operator’s Liability to any person in connection with this Agreement (or any transaction in connection with it) is limited to the extent to which the Liability is or can be satisfied out of the Trust Property by the Operator exercising its right of indemnity out of the Trust Property. (c) Subject to clauses 31.8(c)(i) and 31.8(c)(ii), the Commonwealth may not seek to recover any amounts owing to it under this Agreement by bringing proceedings against the Operator in its personal capacity. However, the Commonwealth may: (i) do anything necessary to enforce its rights in connection with the Trust Property; and (ii) take proceedings to obtain either or both: (A) an injunction or other order to restrain any breach of this Agreement by the Operator; and (B) declaratory relief or other similar judgment or order as to the obligations of the Operator under this Agreement. (d) The limitations and restrictions under clauses 31.8(b) and 31.8(c) do not apply to a Liability to the extent that it is not satisfied because there is a reduction in the extent of the Operator’s indemnification out of the Trust Property either as a result of the Operator’s fraud, negligence or wilful default, or by operation of Law. (e) The limitation of the Operator’s Liability under clause 31.8(b) is to be disregarded for the purposes of determining whether the Operator has failed to comply with or perform any obligation under this Agreement because of a failure by the Operator to pay an amount payable by it under this Agreement.]

Trustee limitation of liability. (a) This clause 31.8 22.4 applies to the Operator Access Right Holder as trustee of the Trust to the extent that the Operator Access Right Holder is acting in that capacity. (b) Subject to clause 31.8(c) to 31.8(eparagraphs (c), the Operator(d) and (e), Access Right Holder’s Liability liability to any person in connection with this Agreement agreement (or any transaction in connection with it) is limited to the extent to which the Liability liability is or can be satisfied out of the Trust Property by the Operator Access Right Holder exercising its right of indemnity out of the Trust Property. (c) Subject to clauses 31.8(c)(isubparagraphs (c)(i) and 31.8(c)(ii(c)(ii), the Commonwealth EnergyCo may not seek to recover any amounts owing to it under this Agreement agreement by bringing proceedings against the Operator Access Right Holder in its personal capacity. However, the Commonwealth EnergyCo may: (i) do anything necessary to enforce its rights in connection with the Trust Property; and (ii) take proceedings to obtain either or both: (A) an injunction or other order to restrain any breach of this Agreement agreement by the OperatorAccess Right Holder; and (B) declaratory relief or other similar judgment or order as to the obligations of the Operator Access Right Holder under this Agreementagreement. (d) The limitations and restrictions under clauses 31.8(bparagraphs (b) and 31.8(c(c) do not apply to a Liability liability to the extent that it is not satisfied because there is a reduction in the extent of the OperatorAccess Right Holder’s indemnification out of the Trust Property either as a result of the OperatorAccess Right Holder’s fraud, negligence or wilful default, or by operation of Law. (e) The limitation of the Operator’s Liability under clause 31.8(b) is to be disregarded for the purposes of determining whether the Operator has failed to comply with or perform any obligation under this Agreement because of a failure by the Operator to pay an amount payable by it under this Agreement.]

Trustee limitation of liability. (a) This clause 31.8 27.4 applies to the LTES Operator as trustee of the Trust to the extent that the LTES Operator is acting in that capacity. (b) Subject to clause 31.8(c) to 31.8(eparagraphs (c), the (d) and (e), LTES Operator’s Liability liability to any person in connection with this Agreement agreement (or any transaction in connection with it) is limited to the extent to which the Liability liability is or can be satisfied out of the Trust Property by the LTES Operator exercising its right of indemnity out of the Trust Property. (c) Subject to clauses 31.8(c)(i27.4(c)(i) and 31.8(c)(ii27.4(c)(ii), the Commonwealth SFV may not seek to recover any amounts owing to it under this Agreement agreement by bringing proceedings against the LTES Operator in its personal capacity. However, the Commonwealth SFV may: (i) do anything necessary to enforce its rights in connection with the Trust Property; and (ii) take proceedings to obtain either or both: (A) an injunction or other order to restrain any breach of this Agreement agreement by the LTES Operator; and (B) declaratory relief or other similar judgment or order as to the obligations of the LTES Operator under this Agreementagreement. (d) The limitations and restrictions under clauses 31.8(bparagraphs (b) and 31.8(c(c) do not apply to a Liability liability to the extent that it is not satisfied because there is a reduction in the extent of the LTES Operator’s indemnification out of the Trust Property either as a result of the LTES Operator’s fraud, negligence or wilful default, or by operation of Law. (e) The limitation of the LTES Operator’s Liability liability under clause 31.8(bparagraph (b) is to be disregarded for the purposes of determining whether the LTES Operator has failed to comply with or perform any obligation under this Agreement agreement because of a failure by the LTES Operator to pay an amount payable by it under this Agreementagreement.]] [Note: This clause is to be included if LTES Operator is trustee of a trust.] 28 Dispute Resolution 28.1 Dispute mechanism Any dispute or difference of any kind arising between the parties in connection with or arising out of this agreement, whether during or after the Term (“Dispute”) must be resolved pursuant to this clause 28.

Trustee limitation of liability. ‌ (a) This clause 31.8 25.4 applies to the Operator Access Right Holder as trustee of the Trust to the extent that the Operator Access Right Holder is acting in that capacity. (b) Subject to clause 31.8(c) to 31.8(eparagraphs (c), the Operator(d) and (e), Access Right Holder’s Liability liability to any person in connection with this Agreement agreement (or any transaction in connection with it) is limited to the extent to which the Liability liability is or can be satisfied out of the Trust Property by the Operator Access Right Holder exercising its right of indemnity out of the Trust Property.Property.‌ (c) Subject to clauses 31.8(c)(isubparagraphs (c)(i) and 31.8(c)(ii(c)(ii), the Commonwealth EnergyCo may not seek to recover any amounts owing to it under this Agreement agreement by bringing proceedings against the Operator Access Right Holder in its personal capacity. However, the Commonwealth may:EnergyCo may:‌ (i) do anything necessary to enforce its rights in connection with the Trust Property; andand‌ (ii) take proceedings to obtain either or both:both:‌ (A) an injunction or other order to restrain any breach of this Agreement agreement by the OperatorAccess Right Holder; and (B) declaratory relief or other similar judgment or order as to the obligations of the Operator Access Right Holder under this Agreementagreement. (d) The limitations and restrictions under clauses 31.8(bparagraphs (b) and 31.8(c(c) do not apply to a Liability liability to the extent that it is not satisfied because there is a reduction in the extent of the OperatorAccess Right Holder’s indemnification out of the Trust Property either as a result of the OperatorAccess Right Holder’s fraud, negligence or wilful default, or by operation of Law. (e) The limitation of the Operator’s Liability under clause 31.8(b) is to be disregarded for the purposes of determining whether the Operator has failed to comply with or perform any obligation under this Agreement because of a failure by the Operator to pay an amount payable by it under this Agreement.]Law.‌

Trustee limitation of liability. ‌ (a) This clause 31.8 24.4 applies to the Operator Access Right Holder as trustee of the Trust to the extent that the Operator Access Right Holder is acting in that capacity. (b) Subject to clause 31.8(c) to 31.8(eparagraphs (c), the Operator(d) and (e), Access Right Holder’s Liability liability to any person in connection with this Agreement agreement (or any transaction in connection with it) is limited to the extent to which the Liability liability is or can be satisfied out of the Trust Property by the Operator Access Right Holder exercising its right of indemnity out of the Trust Property.Property.‌ (c) Subject to clauses 31.8(c)(i24.4(c)(i) and 31.8(c)(ii24.4(c)(ii), the Commonwealth EnergyCo may not seek to recover any amounts owing to it under this Agreement agreement by bringing proceedings against the Operator Access Right Holder in its personal capacity. However, the Commonwealth may:EnergyCo may:‌ (i) do anything necessary to enforce its rights in connection with the Trust Property; andand‌ (ii) take proceedings to obtain either or both:both:‌ (A) an injunction or other order to restrain any breach of this Agreement agreement by the OperatorAccess Right Holder; and (B) declaratory relief or other similar judgment or order as to the obligations of the Operator Access Right Holder under this Agreementagreement. (d) The limitations and restrictions under clauses 31.8(bparagraphs (b) and 31.8(c(c) do not apply to a Liability liability to the extent that it is not satisfied because there is a reduction in the extent of the OperatorAccess Right Holder’s indemnification out of the Trust Property either as a result of the OperatorAccess Right Holder’s fraud, negligence or wilful default, or by operation of Law. (e) The limitation of the Operator’s Liability under clause 31.8(b) is to be disregarded for the purposes of determining whether the Operator has failed to comply with or perform any obligation under this Agreement because of a failure by the Operator to pay an amount payable by it under this Agreement.]Law.‌