Common use of Exculpation of Beneficiary Clause in Contracts

Exculpation of Beneficiary. The acceptance by Beneficiary of the assignment contained herein with all of the rights, powers, privileges and authority created hereby shall not, prior to entry upon and taking possession of the Encumbered Property by Beneficiary, be deemed or construed to make Beneficiary a "mortgagee in possession"; nor thereafter or at any time or in any event obligate Beneficiary to appear in or defend any action or proceeding relating to the Encumbered Property, nor shall Beneficiary, prior to such entry and taking, be liable in any way for any injury or damage to person or property sustained by any Person in or about the Encumbered Property.

Appears in 2 contracts

Samples: Filing and Security Agreement (Calpine Corp), Rents and Security Agreement (Calpine Corp)

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Exculpation of Beneficiary. The acceptance by Beneficiary of the assignment contained herein with all of the rights, powers, privileges and authority created hereby shall not, prior to entry upon and taking possession of the Encumbered Mortgaged Property by Beneficiary, be deemed or construed to make Beneficiary a "mortgagee in possession"; nor thereafter or at any time or in any event obligate Beneficiary to appear in or defend any action or proceeding relating to the Encumbered Mortgaged Property, nor shall Beneficiary, prior to such entry and taking, be liable in any way for any injury or damage to person or property sustained by any Person in or about the Encumbered Mortgaged Property.

Appears in 2 contracts

Samples: Term Power Purchase Agreement (Ormat Technologies, Inc.), Escrow Agreement (Ormat Technologies, Inc.)

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Exculpation of Beneficiary. The acceptance by Beneficiary of the assignment contained herein with all of the rights, powers, privileges and authority created hereby shall not, prior to entry upon and taking possession of the Encumbered Mortgaged Property by Beneficiary, be deemed or construed to make Beneficiary a "β€œmortgagee in possession"”; nor thereafter or at any time or in any event obligate Beneficiary to appear in or defend any action or proceeding relating to the Encumbered Mortgaged Property, nor shall Beneficiary, prior to such entry and taking, be liable in any way for any injury or damage to person or property sustained by any Person in or about the Encumbered Mortgaged Property.

Appears in 2 contracts

Samples: Security Agreement (Fulcrum Bioenergy Inc), Security Agreement (Fulcrum Bioenergy Inc)

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