Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRG’s consent if the Tax Indemnitee:
Appears in 4 contracts
Samples: Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.211.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRG’s PPL Montana's consent if the Tax Indemnitee:
Appears in 2 contracts
Samples: Participation Agreement (PPL Montana LLC), Participation Agreement (PPL Montana LLC)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.210.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRG’s AEE's consent if the Tax Indemnitee:
Appears in 2 contracts
Samples: Participation Agreement (Aes Eastern Energy Lp), Participation Agreement (Aes Eastern Energy Lp)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.24, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRG’s the Lessee's consent if the Tax Indemnitee:
Appears in 2 contracts
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease Agreement (Wells Real Estate Investment Trust Inc)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.28.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRG’s Old Dominion's consent if the Tax Indemnitee:
Appears in 2 contracts
Samples: Participation Agreement (Old Dominion Electric Cooperative), Participation Agreement (Old Dominion Electric Cooperative)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.221.1, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRGthe Sublessee’s consent (and the Tax Indemnitee must so act to the extent that the Head Lease Tax Indemnitee has so acted) if the Tax Indemnitee:
Appears in 1 contract
Samples: Membership Interest and Stock Purchase Agreement (Transcanada Corp)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.29.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRGTVA’s consent if the Tax Indemnitee:
Appears in 1 contract
Samples: Participation Agreement (Tennessee Valley Authority)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.29.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRG’s the Company's consent if the Tax Indemnitee:
Appears in 1 contract
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 12.211.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without NRG’s Oglethorpe's consent if the Tax Indemnitee:
Appears in 1 contract
