Common use of Acceptance by Agent Clause in Contracts

Acceptance by Agent. The Agent accepts this Supplemental Agreement and agrees to execute its duties and responsibilities as hereby supplemented upon the terms and conditions set forth in the Purchase Contract Agreement, including without limitation the terms and provisions defining and limiting the liabilities and responsibilities of the Agent, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of its duties created by the Purchase Contract Agreement as hereby supplemented; and without limiting the generality of the foregoing, the Agent shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by Xcel Energy and the Company, or for or with respect to the validity or sufficiency of this Supplemental Agreement or any of the terms or provisions hereof and Xcel Energy and NRG affirm their rights and responsibilities with respect to the Agent under Section 7.07(3) of the Purchase Contract Agreement.