Examples of Distribution System Assets in a sentence
As between the Authority and the City, the City’s sole remedy for the breach of any warranty, indemnification or representation shall be against the manufacturer, supplier or contractor of any portion of the Distribution System Assets, and not against the Authority, nor shall such matter have any effect whatsoever on the rights of the Authority with respect to this Installment Purchase Agreement, including the rights to receive full and timely payments hereunder.
The Authority makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for any particular purpose or fitness for the use contemplated by the City of the Distribution System Assets, or any portion thereof, or any other representation or warranty with respect to the Distribution System Assets, or any portion thereof.
The Authority irrevocably appoints the City as its agent and attorney-in-fact, so long as the City shall not be in default hereunder, to assert from time to time whatever claims and rights, including warranties with respect to any portion of the Distribution System Assets, which the Authority may have against the manufacturer, supplier or contractor of such portion of the Distribution System Assets.
The Distribution System Assets, as constituted on the Delivery Date, are described in Exhibit A to this Installment Purchase Agreement.
In no event shall the Authority be liable for incidental, indirect, special or consequential damages in connection with this Installment Purchase Agreement or the existence, furnishing or functioning of the Distribution System Assets, or the City’s or the Authority’s or any other person’s use of the Distribution System Assets, except such damages as may arise by reason of the Authority’s breach of this Installment Purchase Agreement.
The City expressly acknowledges that neither the Authority nor the Trustee makes, or has made, any representation or warranty whatsoever as to the existence or availability of such warranties of the manufacturer, supplier or contractor with respect to any item of the Distribution System Assets.
The following Exhibits are attached to and by this reference made a part of this Installment Purchase Agreement: Exhibit A: Description of the Distribution System Assets.
Indenture 48 Exhibit A Description of the Distribution System Assets ...................................................
If bonds or indebtedness have been incurred against the Water Supply System Assets or Distribution System Assets, withdrawal cannot occur until the debts have been paid or satisfactory arrangements to Tigard have been made for payment of the proportionate share of debt through a wholesale contract with Tigard where the calculated rate contains a debt service component or other repayment method agreed to by the parties.
Upon conveyance, Tigard will own 100% of the Distribution System Assets located within King City’s boundaries and King City shall have no shared ownership or tenancy in common in any Distribution System Assets.