Common use of Limitation of Duties Clause in Contracts

Limitation of Duties. The Owner Trustee shall have no duty itself and no duty to cause either Company (i) to see to any recording or filing of this Trust Agreement or of any Basic Document or of any other document referred to herein or therein or with respect to any security interest or lien, or to see to the maintenance of any such recording or filing, (ii) to see to any insurance on the Nuclear Material or to effect or maintain any such insurance, whether or not the Lessee shall be in default with respect thereto, other than to receive and forward to the Collateral Agent any notices, policies, certificates or binders received by the Owner Trustee or either of the Companies pursuant to the Lease Agreements, (iii) except as provided in the penultimate sentence of Section 6.4 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien of any kind owing with respect to, assessed or levied against any part of the Owner Trust Estate or property of either Company, or any fees or charges in connection therewith, other than to forward notice of such tax, assessment or other governmental charge or Lien received by the Owner Trustee to the applicable Lessees, (iv) to monitor the receipt of or confirm or verify any financial statements of a Lessee or (v) to inspect the Nuclear Material at any time or ascertain or inquire as to the performance or observance of any of a Lessee's covenants under the Lease Agreement or any other Basic Documents. Notwith- standing the foregoing, the Owner Trustee will furnish to the applicable Lessees, promptly upon receipt thereof, duplicates of all reports, notices, requests, demands, certificates and other instruments furnished to the Owner Trustee or either of the Companies under any of the Basic Documents to which they shall be a party unless any such document or accompanying documentation shall state that such document has previously been furnished directly to such Lessees.

Limitation of Duties. The Owner Trustee (a) Neither the Collateral Agent nor the Custodian (which term as used in this sentence shall have no duty itself include reference to their Affiliates and no duty to cause either Company their own and their Affiliates’ officers, directors, employees and agents) shall (i) to see have any duties or responsibilities except those expressly set forth in this Agreement (and in the Account Control Agreement, in the case of the Custodian) and shall not by reason of this Agreement be a trustee for, or a fiduciary with respect to, any Grantor or any other Person; (ii) be responsible to any recording Grantor for any recitals, statements, representations or filing of this Trust Agreement warranties contained in any notice or of report, or in any Basic Document other certificate or of any other document referred to or provided for in, or received by it under, the Credit Agreement, this Agreement or any other Credit Document, or for the value, validity, effectiveness, genuineness, enforceability or sufficiency of the Credit Agreement, this Back to Contents Agreement or any other Credit Document or for any failure by any Person to perform any of its obligations hereunder or thereunder, except for its own gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision); (iii) be required to initiate or conduct any litigation or collection proceedings hereunder; (iv) take any action pursuant to Sections 4.03(f), 7.01(a) or (b), or 8.02 except as instructed by the Administrative Agent; and (v) be responsible for any action taken or omitted to be taken by it under the Credit Agreement, this Agreement or any other Credit Document or under any other document or instrument referred to or provided for herein or therein or with respect to any security interest or lien, or to see to the maintenance of any such recording or filing, (ii) to see to any insurance on the Nuclear Material or to effect or maintain any such insurance, whether or not the Lessee shall be in default with respect thereto, other than to receive and forward to the Collateral Agent any notices, policies, certificates or binders received by the Owner Trustee or either of the Companies pursuant to the Lease Agreements, (iii) except as provided in the penultimate sentence of Section 6.4 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien of any kind owing with respect to, assessed or levied against any part of the Owner Trust Estate or property of either Company, or any fees or charges in connection herewith or therewith, other than to forward notice except for its own gross negligence or willful misconduct (as determined by a court of such tax, assessment or other governmental charge or Lien received by the Owner Trustee to the applicable Lessees, (iv) to monitor the receipt of or confirm or verify any financial statements of competent jurisdiction in a Lessee or (v) to inspect the Nuclear Material at any time or ascertain or inquire as to the performance or observance of any of a Lessee's covenants under the Lease Agreement or any other Basic Documents. Notwith- standing the foregoing, the Owner Trustee will furnish to the applicable Lessees, promptly upon receipt thereof, duplicates of all reports, notices, requests, demands, certificates final and other instruments furnished to the Owner Trustee or either of the Companies under any of the Basic Documents to which they shall be a party unless any such document or accompanying documentation shall state that such document has previously been furnished directly to such Lesseesnon-appealable decision).

Limitation of Duties. The Owner Trustee shall have no duty itself and no duty to cause either Company (i) to see to any recording or filing of this Trust Agreement or of any Basic Document or of any other document referred to herein or therein or with respect to any security interest or lien, or to see to the maintenance of any such recording or filing, (ii) to see to any insurance on the Nuclear Material or to effect or maintain any such insurance, whether or not the Lessee shall be in default with respect thereto, other than to receive and forward to the Collateral Agent any notices, policies, certificates or binders received by the Owner Trustee or either of the Companies pursuant to the Lease Agreements, (iii) except as provided in the penultimate sentence of Section 6.4 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien of any kind owing with respect to, assessed or levied against any part of the Owner Trust Estate or property of 8 either Company, or any fees or charges in connection therewith, other than to forward notice of such tax, assessment or other governmental charge or Lien received by the Owner Trustee to the applicable Lessees, (iv) to monitor the receipt of or confirm or verify any financial statements of a Lessee or (v) to inspect the Nuclear Material at any time or ascertain or inquire as to the performance or observance of any of a Lessee's covenants under the Lease Agreement or any other Basic Documents. Notwith- standing Notwithstanding the foregoing, the Owner Trustee will furnish to the applicable Lessees, promptly upon receipt thereof, duplicates of all reports, notices, requests, demands, certificates and other instruments furnished to the Owner Trustee or either of the Companies under any of the Basic Documents to which they shall be a party unless any such document or accompanying documentation shall state that such document has previously been furnished directly to such Lessees.

Limitation of Duties. The Owner Trustee shall have no duty itself and no duty to cause either Company (i) to see to any recording or filing of this Trust Agreement or of any Basic Document or of any other document referred to herein or therein or with respect to any security interest or lien, or to see to the maintenance of any such recording or filing, (ii) to see to any insurance on the Nuclear Material or to effect or maintain any such insurance, whether or not the Lessee shall be in default with respect thereto, other than to receive and forward to the Collateral Agent any notices, policies, certificates or binders received by the Owner Trustee or either of the Companies pursuant to the Lease Agreements, (iii) except as provided in the penultimate sentence of Section 6.4 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien of any kind owing with respect to, assessed or levied against any part of the Owner Trust Estate or property of either Company, or any fees or charges in connection therewith, other than to forward notice of such tax, assessment or other governmental charge or Lien received by the Owner Trustee to the applicable Lessees, (iv) to monitor the receipt of or confirm or verify any financial statements of a Lessee or (v) to inspect the Nuclear Material at any time or ascertain or inquire as to the performance or observance of any of a Lessee's covenants under the Lease Agreement or any other Basic Documents. Notwith- standing Notwithstanding the foregoing, the Owner Trustee will furnish to the applicable Lessees, promptly upon receipt thereof, duplicates of all reports, notices, requests, demands, certificates and other instruments furnished to the Owner Trustee or either of the Companies under any of the Basic Documents to which they shall be a party unless any such document or accompanying documentation shall state that such document has previously been furnished directly to such Lessees.