Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 9.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to (and the Facility Lessee shall not be permitted to contest) a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without the Facility Lessee's consent if the Tax Indemnitee:
Appears in 12 contracts
Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 9.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to (and the Facility Lessee shall not be permitted to contest) a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without the Facility Lessee's ’s consent if the Tax Indemnitee:
Appears in 2 contracts
Samples: Participation Agreement, Participation Agreement (Firstenergy Corp)
Waiver of Indemnification. Notwithstanding anything to the contrary contained in this Section 9.210.2, the Tax Indemnitee at any time may elect to decline to take any action or any further action with respect to (and the Facility Lessee shall not be permitted to contest) a Tax Claim and may in its sole discretion settle or compromise any contest with respect to such Tax Claim without the Facility Lessee's consent if the Tax Indemnitee:
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Reliant Energy Mid Atlantic Power Services Inc)
