No Recourse; Special Obligation. Notwithstanding anything to the contrary contained herein, the obligations and agreements of the Agency and the Company contained herein and in any other agreement executed by the Agency and the Company and in any other instrument or document supplemental thereto executed in connection herewith or therewith shall be deemed the obligation and agreements of the Agency and the Company, and not of any chief executive officer, executive director, director, officer, employee, member, agent (except the Company), representative, or their respective successors and assigns and personal representatives in his or her individual capacity, and the chief executive officer, executive director, directors, officers, employees, members, agents (except the Company), representatives, and their respective successors and assigns and personal representatives of the Agency and the Company shall not be liable personally thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Agency contained herein or therein shall not constitute or give rise to an obligation of the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions and neither the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions shall be liable thereon, and, further, such obligations and agreements shall not constitute or give rise to a general obligation of the Agency, but rather shall constitute a limited obligation of the Agency payable solely from revenues derived from the sale of the Agency's interest in the Project.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
No Recourse; Special Obligation. Notwithstanding anything to the contrary contained herein, the obligations and agreements of the Agency and the Company contained herein and in any other agreement executed by the Agency and the Company and in any other instrument or document supplemental thereto executed in connection herewith or therewith shall be deemed the obligation and agreements of the Agency and the Company, and not of any chief executive officer, executive director, director, officer, employee, member, agent (except the Company), representative, or their respective successors and assigns and personal representatives in his or her individual capacity, and the chief executive officer, executive director, directors, officers, employees, members, agents (except the Company), representatives, and their respective successors and assigns and personal representatives of the Agency and the Company shall not be liable personally thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Agency contained herein or therein shall not constitute or give rise to an obligation of the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions and neither the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions shall be liable thereon, and, further, such obligations and �-, agreements shall not constitute or give rise to a general obligation of the Agency, but rather shall constitute a limited obligation of the Agency payable solely from revenues derived from the sale of the Agency's interest in the Project.
Appears in 1 contract
Sources: Lease Agreement
No Recourse; Special Obligation. Notwithstanding anything (a) All covenants, stipulations, promises, agreements and obligations of the Agency contained in this Agreement and in the other documents and instruments connected therewith, and in any documents supplemental thereto (collectively the "Documents") shall be deemed to be the contrary contained hereincovenants, the stipulations, promises, agreements, and obligations and agreements of the Agency and the Company contained herein and in any other agreement executed by the Agency and the Company and in any other instrument or document supplemental thereto executed in connection herewith or therewith shall be deemed the obligation and agreements of the Agency and the Company, and not of any chief executive officer, executive director, directormember, officer, employee, member, agent (except other than the Company), representative, servant or their respective successors and assigns and personal representatives employee of the Agency in his or her individual capacity, and no recourse under or upon any obligation, covenant, or agreement in the chief executive officer, executive director, directors, officers, employees, members, agents (except the Company), representatives, and their respective successors and assigns and personal representatives of the Agency and the Company shall not be liable personally thereon Documents contained or be subject to any personal liability or accountability otherwise based upon or in respect hereof of the Documents, or thereof for any claim based thereon or otherwise in respect thereof, shall be had against any past, present or future member, officer, agent (other than the Company), servant or employee, as such of the Agency or of any transaction contemplated successor public benefit corporation or political subdivision or other successor entity or any person executing the Documents on behalf of the Agency, either directly or through the Agency or any successor public benefit corporation or political subdivision or other successor entity or any person so executing the Documents, it being expressly understood that the Documents are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any such member, officer, agent (other than the Company), servant or employee of the Agency or of any successor public benefit corporation or political subdivision or other successor entity or any person so executing the Documents because of the creation of the indebtedness thereby authorized, or under or by reason of the obligations, covenants or agreements contained in the Documents or implied therefrom; and that any and all such personal liability of, and any and all such rights and claims against, every such member, officer, agent (other than the Company), servant or employee because of the creation of the indebtedness hereby authorized, or thereby. under or by reason of the obligations, covenants or agreements contained in the Documents or implied therefrom, are, to the extent permitted by law, expressly waived and released as a condition of, and as a consideration for, the execution of the Documents.
(b) The obligations and agreements of the Agency contained herein or therein shall not constitute or give rise to an obligation of the State of New York or Oneida County, New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions and neither the State of New YorkYork nor Oneida County, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions New York shall be liable thereon, and, further, and further such obligations and agreements shall not constitute or give rise to a general obligation of the Agency, but rather shall constitute a limited obligation special obligations of the Agency payable solely from the revenues of the Agency derived and to be derived from the lease, sale or other disposition of the Project Facility.
(c) Notwithstanding any provision of this Agreement to the contrary, the Agency shall not be obligated to take any action pursuant to any provision hereof unless (i) the Agency shall have been requested to do so in writing by the Company and (ii) if compliance with such request is reasonably expected to result in the incurrence by the Agency (or any member, officer, agent, servant or employee of the Agency's interest ) in any liability, fees, expenses or other costs, the ProjectAgency shall have received from the Company security or indemnity satisfactory to the Agency for protection against all such liability, however remote, and for the reimbursement of all such fees, expenses and other costs.
Appears in 1 contract
No Recourse; Special Obligation. Notwithstanding anything to the contrary contained herein, the obligations and agreements of the Agency and the Company contained herein and in any other agreement executed by the Agency and the Company and in any other instrument or document supplemental thereto executed in connection herewith or therewith shall be deemed the obligation and agreements of the Agency and the Company, and not of any chief executive officer, executive director, director, officer, employee, member, agent (except the Company), representative, or their respective successors and assigns and personal representatives in his or her individual capacity, and the chief executive officer, executive director, directors, officers, employees, members, agents (except the Company), representatives, and their respective successors and assigns and personal representatives of the Agency and the Company shall not be liable personally thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Agency contained herein or therein shall not constitute or give rise to an obligation of the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions and neither the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions shall be liable thereon, and, further, such obligations and agreements shall not constitute or give rise to a general obligation of the Agency, but rather shall constitute a limited obligation of the Agency payable solely from revenues derived from the sale of the Agency's interest in the Project.
Appears in 1 contract
Sources: Lease Agreement
No Recourse; Special Obligation. Notwithstanding anything to the contrary contained herein, the obligations and ai1d agreements of the Agency and the Company contained herein and in any other agreement executed by the Agency and the Company and in any other instrument or document supplemental thereto executed in connection herewith or therewith shall be deemed the obligation and agreements of the Agency and the CompanyAgency, and not of any chief executive officer, executive director, director, officer, employee, member, agent (except the Company), representativeagent, or their respective successors and assigns and personal representatives employee of the Agency in his or her individual capacity, and the chief executive officer, executive director, directorsmembers, officers, employees, members, agents (except the Company), representativesagents, and their respective successors and assigns and personal representatives employees of the Agency and the Company shall not be liable personally thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Agency contained herein or therein shall not constitute or give rise to an obligation of the State of New ofNew York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions Taxing Jurisdictions, and neither the State of New YorkState, the County of ▇▇▇▇▇▇▇▇County, or any of the taxing jurisdictions other Taxing Jurisdictions shall be liable thereon, and, further, such obligations and agreements shall not constitute or give rise to a general obligation of the Agency, but rather shall constitute a limited obligation of the Agency payable solely from revenues derived from the sale of the Agency's interest in the ProjectFacility.
Appears in 1 contract
Sources: Payment in Lieu of Tax Agreement
No Recourse; Special Obligation. Notwithstanding anything to the contrary contained herein, the obligations and agreements of the Agency and the Company contained herein and in any other agreement executed by the Agency and the Company and in any other instrument or document supplemental thereto executed in connection herewith or therewith shall be deemed the obligation obiigation and agreements of the Agency and the Company, and not of any chief executive officer, executive director, director, officer, employee, member, agent (except the Company), representative, or their respective successors and assigns and personal representatives in his or her individual capacity, and the chief executive officer, executive director, directors, officers, employees, members, · agents (except the Company), representatives, and their respective successors and assigns and personal representatives of the Agency and the Company shall not be liable personally thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Agency contained herein or therein shall not constitute or give rise to an obligation of the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions and neither the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions shall be liable liable. thereon, ," and, further, such obligations and agreements shall not constitute or give rise to a general obligation obiigation of the Agency, but rather shall constitute a limited obligation of the Agency payable solely from revenues derived from the sale of the Agency's interest in the Project.
Appears in 1 contract
Sources: Lease Agreement
No Recourse; Special Obligation. Notwithstanding anything to the contrary contained herein, the obligations and agreements of the Agency and the Company contained herein and in any other agreement executed by . the Agency and the Company and in any other instrument or document supplemental thereto executed in connection herewith or therewith shall be deemed the obligation and agreements of the Agency and the CompanyAgency, and not of any chief executive officer, executive director, director, officer, employee, member, agent (except the Company), representative, or their respective successors and assigns and personal representatives in his or her individual capacity, and the chief executive officer, executive director, directors, officers, employees, members, agents (except the Company), representatives, and their respective successors and assigns and personal representatives of the Agency and the Company shall not be liable personally thereon or be subject to any personal personal. liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Agency contained herein or therein shall not constitute or o'r give rise to an obligation of the State of New York, the County of ▇▇▇▇▇▇▇▇, or any of the taxing jurisdictions and neither the State of New YorkState, the County of ▇▇▇▇▇▇▇▇County, or any of the taxing jurisdictions taxingjurisdictions shall be liable thereon, and, further, such obligations and agreements shall not constitute or give rise to a general obligation of the Agency, but rather shall constitute a limited obligation obligation: of the Agency payable solely from revenues derived from the sale of the Agency's interest in the ProjectFacility.
Appears in 1 contract
Sources: Lease Agreement
No Recourse; Special Obligation. Notwithstanding anything to the contrary contained herein, the obligations and agreements of the Agency and the Company contained herein and in any other agreement executed by the Agency and the Company and in any other instrument or document supplemental supplem�ntal thereto executed in connection herewith or therewith shall be deemed the obligation and agreements of the Agency and the Company, and not of any chief executive officer, executive director, director, officer, employee, member, agent (except agent(except the Company), representative, or their respective successors and assigns and personal representatives in his or her individual capacity, and the chief executive officer, ,· executive director, directors, officers, employees, members, agents (except the Company), representatives, and their respective successors and assigns and personal representatives of the Agency and the Company shall not be liable personally thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Agency contained herein or therein shall not constitute or give rise to an obligation of the State of New YorkState, the County of ▇▇▇▇▇▇▇▇County, or any of the taxing jurisdictions and neither the State of New YorkState, the County of ▇▇▇▇▇▇▇▇County, or any of the taxing jurisdictions shall be liable thereon, and, further, such obligations and agreements shall not 60310-014v8 constitute or give rise to a general obligation of the Agency, but rather shall constitute a limited obligation of the Agency payable solely from revenues derived from the sale of the Agency's interest in the ProjectFacility.
Appears in 1 contract
Sources: Lease Agreement