Special Exculpation. No claim may be made by Borrower or any other person against Lender, its directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or any other financing document or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith, and Borrower hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. TO THE EXTENT PERMITTED BY APPLICABLE GOVERNMENT RULE, NO CLAIM MAY BE MADE BY ANY PARTY HERETO AGAINST ANY OTHER PARTY HERETO OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER FINANCING DOCUMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR THE OTHER FINANCING DOCUMENTS (OTHER THAN THE RIGHTS OF THE LENDERS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE OTHER FINANCING DOCUMENTS), AND EACH PARTY HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Special Exculpation. NO CLAIM MAY BE MADE BY ANY PARTY HERETO OR ANY OTHER PERSON AGAINST THE OTHER PARTY HERETO, THE OWNER LESSOR (OR ANY PERSON FOR WHOSE BENEFIT THE OWNER LESSOR ACTS) OR THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS GUARANTEE OR THE TRANSACTIONS CONTEMPLATED HEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH AND EACH PARTY HERETO HEREBY WAIVES, RELEASES AND AGREES, FOR ITSELF AND THOSE WHO CLAIM THROUGH IT, NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Special Exculpation. To the extent permitted by applicable law, no claim may be made by any party hereto or any other person against any other party hereto or the affiliates, directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or the transactions contemplated hereby, or any act, omission or event occurring in connection therewith and the parties hereto hereby waive, release and agree not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. No claim may be made by Midcoast and its wholly owned subsidiaries or any other person or entity against EEP or its partners, or equity interest holders or any of its or their respective directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or any other financing document or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith and Midcoast hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. NO CLAIM MAY BE MADE BY THE BORROWER OR ANY OTHER PERSON AGAINST THE COLLATERAL AGENT OR ANY LENDER OR THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THE FINANCING DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH AND THE BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR ANY SUCH 77 DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Special Exculpation. No claim may be made by Borrower or any other Person against Lender or its partners, or equity interest holders or any of its or their respective directors, officers, employees, attorneys or agents of any of them for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or any other financing document or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith and Borrower hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. No claim may be made by the Issuers or any other Person against the Collateral Agent, the Depositary Agent or any other Secured Party or the shareholders, affiliates, directors, officers, trustees, employees, attorneys or agents of any of them for any special, indirect, consequential, incidental or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith and each Issuer hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Special Exculpation. 28 Section 7.11 GOVERNING LAW.................................................................................28 SCHEDULE SCHEDULE I Accounts EXHIBITS EXHIBIT A Form of Instruction Letter v 6 DEPOSIT AND DISBURSEMENT AGREEMENT (this "Depositary Agreement") dated as of May 1, 1999 among (i) AES EASTERN ENERGY, L.P., a limited partnership organized under the laws of the State of Delaware ("AEE"), (ii) AEE 2, L.L.C., a limited liability company organized under the laws of the State of Delaware ("AEE 2"), AES SOMERSET, L.L.C., a Delaware limited liability company, AES Cayuga, L.L.C., a Delaware limited liability company, AES WESTXXXX, X.L.C., a Delaware limited liability company and AES GREEXXXXX, X.L.C., (iii) CREDIT SUISSE FIRST BOSTON, as Working Capital Provider (the "Working Capital Provider"), (iii) KINTXXX XXXILITY TRUST A-1, a Delaware business trust, (iv) KINTXXX XXXILITY TRUST A-2, a Delaware business trust, (v) KINTXXX XXXILITY TRUST B-1, a Delaware business trust, (vi) KINTXXX XXXILITY TRUST B-2, a Delaware business trust, (vii) KINTXXX XXXILITY TRUST C-1, a Delaware business trust, (viii) KINTXXX XXXILITY TRUST C-2, a Delaware business trust, (ix) MILLXXXX XXXILITY TRUST A-1, a Delaware business trust, (x) MILLXXXX XXXILITY TRUST A-2, a Delaware business trust, (xii) MILLXXXX XXXILITY TRUST B-1, a Delaware business trust, (xiii) MILLXXXX XXXILITY TRUST B-2, a Delaware business trust, (xiv) MILLXXXX XXXILITY TRUST C-1, a Delaware business trust, (xv) MILLXXXX XXXILITY TRUST C-2, a Delaware business trust, (xvi) DCC PROJECT FINANCE FOURTEEN, INC., as Owner Participant under two Participation Agreements (Kintxxx X-0 and Millxxxx X-0), (xvii) DCC PROJECT FINANCE FIFTEEN, INC., as Owner Participant under two Participation Agreements (Kintxxx X-0 and Millxxxx X-0), (xviii) FIRST CHICAGO LEASING CORPORATION, as Owner Participant under two Participation Agreements (Kintxxx X-0 and Millxxxx X-0), (xix) FIRST CHICAGO LEASING CORPORATION, as Owner Participant under two Participation Agreements (Kintxxx X-0 and Millxxxx X-0), (xx) BANKERS COMMERCIAL CORPORATION, as Owner Participant under two Participation Agreements (Kintxxx X-0 and Millxxxx X-0), (xxi) BANKERS COMMERCIAL CORPORATION, as Owner Participant under two Participation Agreements (Kintxxx X-0 and Millxxxx X-0), (xxii) BANKERS TRUST COMPANY, a banking corporation organized and existing under the laws of the State of New York as Depositary Agent (herein, in such capacity, together with its successors...
Special Exculpation. No claim may be made by Borrower or any other person against Lender or any of its directors, officers, employees, attorneys and agents for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or relating to this Agreement or any other financing document or the transactions contemplated hereby or thereby, or any act, omission or event occurring in connection therewith, and Borrower hereby waives, releases and agrees not to xxx upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favor. The agreements in this Section shall survive repayment of the Loans and all other amounts payable hereunder and termination of this Agreement.
