Recourse Limited. DCBS is solely responsible for its obligations under this Contract. Carrier shall not be compensated for services performed or work completed under this Contract by any other agency or department of the State of Oregon.
Recourse Limited. Notwithstanding anything to the contrary in this Agreement, neither any present or future constituent shareholder, member, partner, officer, director, employee or agent of the parties hereto or of any corporation, limited liability company or partnership that is the owner of any equity interest in the parties hereto will be personally liable, directly or indirectly, under or in connection with this Agreement, or any document, instrument or certificate securing or otherwise executed in connection with this Agreement, or any amendments or modifications to any of the foregoing made at any time or times, heretofore or hereafter, or in respect of any matter, condition, injury or loss related to this Agreement or the Assets (provided that Echelon shall be so liable to the extent Echelon constitutes the holder of equity interests in its Subsidiaries); and each party hereto (and their respective successors and assigns) waives any such personal liability.
Recourse Limited. No recourse shall be had to any subscriber, officer, director, employee, trustee, equity holder, certificate holder, incorporator or agent of the Purchaser or its successors or assigns for any obligations hereunder. The Sellers, severally and jointly, further agree (i) not to take any action in respect of any claims hereunder against any subscriber, officer, director, employee, trustee, equity holder, certificate holder, incorporator or agent of the Purchaser or any of its successors or assigns that is an investment vehicle issuing collateralized debt obligations and (ii) not to institute against any successor or assign of the Purchaser that is an investment vehicle issuing collateralized debt obligations any insolvency, bankruptcy, reorganization, liquidation or similar proceedings in any jurisdiction until one year and one day or, if longer, the applicable preference period then in effect, as the case may be, shall have elapsed since the final payments to the holders of the securities issued by such investment vehicle.
Recourse Limited. OHA is solely responsible for its obligations under this Contract. Carrier shall not be compensated for services performed or work completed under this Contract by any other agency or department of the State of Oregon.
Recourse Limited. Notwithstanding any provision of this Agreement, Madeleine's sole remedy in respect of the Obligations arising under this Agreement, the Promissory Note and the A&M Stock Pledge and Account Agreement shall be to sell, mortgage, foreclose upon or otherwise dispose of the Stock.
Recourse Limited. The obligations of the Company hereunder and under the Loan Documents are solely corporate in nature, and no recourse for the payment of the A Notes, for the payment of the principal of or interest on the B Notes or for the payment of any fee or other obligation or any claim arising out of or relating to this Agreement, the Depositary Agreement, the Security Agreement or any other Loan Document shall be had against any incorporator, stockholder, officer, director, employee, agent or affiliate of the Company (other than IP&L in the event IP&L were to become such an affiliate) or of Broad Street or against Lord Securities or any incorporator, stockholder, officer, director, employee, agent or affiliate thereof. The representations and warranties made in this Agreement are made solely on behalf of the Company. The provisions of this Section 9.08 shall survive the termination of this Agreement. This acknowledgement shall be binding on the successors and assigns of the Banks.
Recourse Limited. 7.1 Cover Oregon is solely responsible for its obligations under this Contract. Carrier shall not be compensated for services performed or Work completed under this Contract by any other agency or department of the State of Oregon.
Recourse Limited. The foregoing indemnification provisions under this '8 are the exclusive remedy available to the Parties for money damages for any Adverse Consequences attributable to any facts or circumstances that constitute or are alleged to constitute a misrepresentation or breach of any of the Parties' representations, warranties or covenants contained in this Agreement or in any certificate, schedule, document, or other writing delivered pursuant hereto; provided, however, that recourse shall not be limited if and to the extent that a Party is held to have engaged in conduct constituting fraud under the common law of the State of Illinois.
Recourse Limited. Recourse for the recovery of GDC's and BIWA's Indemnified Losses shall be limited to the amounts described in Section 10.2(d), and GDC and BIWA shall have no recourse against assets of BHC or any Affiliate of BHC or any successor or assign thereof for such Indemnified Losses in excess of the amounts described in Section 10.2(d). Notwithstanding the foregoing, recourse against BHC shall not be limited if and to the extent that BHC or any director or officer of BHC or any director or officer of the Company listed in Exhibit A hereto is held to have engaged in conduct constituting fraud under the common law of the State of Delaware in connection with any breach of representation and warranty contained in Sections 4.1 through 4.25 as a result of which GDC or BIWA has suffered Losses. The fact that any conduct is found to constitute fraud under any statute pertaining to the procurement of Government Contracts, including, but not limited to, the Truth in Negotiations Act, 18 U.S.C. 286 and 18 U.S.C. 371 (conspiracy to defraud), 18 U.S.C. 1001 (false statements), 18 U.S.C. 287 (false claims), 18 U.S.C. 1341 (mail fraud), 18 U.S.C. 1343 (wire fraud), 41 U.S.C. 423 (procurement integrity) shall not, of itself, lead to the conclusion or create a presumption that such conduct constitutes fraud under the common law of the State of Delaware.
Recourse Limited. No recourse shall be had to any person who has subscribed for any interest in the Purchaser or any officer, director, employee, trustee, equity holder, certificate holder, incorporator or agent of the Purchaser or its successors or assigns for any obligations hereunder. The Sellers, severally and jointly, further agree (i) not to take any action in respect of any claims hereunder against any person who has subscribed for any interest in the Purchaser or any officer, director, employee, trustee, equity holder, certificate holder, incorporator or agent of the Purchaser or any of its successors or assigns that is an investment vehicle issuing collateralized debt obligations and (ii) not to institute against any successor or assign of the Purchaser that is an investment vehicle issuing collateralized debt obligations any insolvency, bankruptcy, reorganization, liquidation or similar proceedings in any jurisdiction until one year and one day or, if longer, the applicable preference period then in effect, as the case may be, shall have elapsed since the final payments to the holders of the securities issued by such investment vehicle.
