Common use of Liability of Xxxxxx Clause in Contracts

Liability of Xxxxxx. None of the Xxxxxx-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with the Reimbursement Agreement or any Bond Document (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Banks for any recital, statement, representation or warranty made by the Company or any Affiliate of the Company, or any officer thereof, contained in the Reimbursement Agreement or any Bond Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Xxxxxx under or in connection with, the Reimbursement Agreement or any Bond Document, or for the validity, effectiveness, genuineness, enforceability or sufficiency of the Reimbursement Agreement or any Bond Document, or for any failure of the Company or any other party to the Reimbursement Agreement or any Bond Document to perform its obligations thereunder (other than for the gross negligence or willful misconduct of Xxxxxx). No Xxxxxx-Related Person shall be under any obligation to any Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, the Reimbursement Agreement or any Bond Document, or to inspect the properties, books or records of the Company or any of its Affiliates.

Liability of Xxxxxx. None of the Xxxxxx-Related Persons shall (i) be liable for any action taken or omitted to be taken by any of them under or in connection with the Reimbursement L/C Agreement or any Bond Document (except for its own gross negligence or willful misconduct), or (ii) be responsible in any manner to any of the Banks for any recital, statement, representation or warranty made by the Company Company, the Subsidiary Guarantors or any Affiliate of the CompanyCompany or the Subsidiary Guarantors, or any officer thereof, contained in the Reimbursement L/C Agreement or any Bond Document, or in any certificate, report, statement or other document referred to or provided for in, or received by Xxxxxx under or in connection with, the Reimbursement L/C Agreement or any Bond Document, or for the validity, effectiveness, genuineness, enforceability or sufficiency of the Reimbursement L/C Agreement or any Bond Document, or for any failure of the Company or any other party to the Reimbursement L/C Agreement or any Bond Document to perform its obligations thereunder (other than for the gross negligence or willful misconduct of Xxxxxx). No Xxxxxx-Related Person shall be under any obligation to any Bank to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, the Reimbursement L/C Agreement or any Bond Document, or to inspect the properties, books or records of the Company Company, the Subsidiary Guarantors or any of its their respective Affiliates.