Common use of Electric Utility Clause in Contracts

Electric Utility. Any holder of the Class A Interests shall not become an Electric Utility or take any other action that would violate any Project's QF status for as long as the Company owns any direct or indirect interest in any QF. Any such holder of Class A Interests who breaches the foregoing restriction shall indemnify and hold harmless the Company and the other holders of Interests from any losses, costs, damages (including consequential damages), expenses and liabilities resulting from such breach, including, without limitation, any liability to holders of Class B Interests resulting from the application of the provisions of Section 9.4 hereof as a result of such breach.

Electric Utility. Any holder of the Class A Interests shall not become an Electric Utility or take any other action that would violate cause any Project's Project to no longer qualify for QF status for as long as the Company owns any direct or indirect interest in any QF. Any such holder of Class A Interests who breaches the foregoing restriction shall indemnify and hold harmless the Company and the other holders of Interests from any losses, costs, damages (including consequential damages), expenses and liabilities resulting from such breach, including, without limitation, any liability to holders of Class B Interests resulting from the application of the provisions of Section 9.4 hereof as a result of such breach.