200806452 - Laserfiche WebLink

Browse

200806452 other than ad valorem taxes currently levied upon privately owned property used for the same general purpose as the Facility, or other liabilities or burdens with respect to the Facility or the construction or operation thereof, (B) changes in technology, in environmental standards or legal requirements or in the economic availability of materials, supplies, equipment or labor or (C) destruction of or damage to all or part of the Facility; (ii) all or substantially all of the Facility shall have been condemned or taken by eminent domain; or (iii) the construction or operation of the Facility shall have been enjoined or shall have otherwise been prohibited by, or shall conflict with, any order, decree, rule or regulation of any court or any federal, state or local regulatory body, administrative agency or other governmental body. (b) At such time as the Company determines that construction of the Project has been completed or has determined to terminate any further construction of the Project, it shall deliver a Completion Certificate to that effect to the Issuer and the Trustee. In the case of termination of construction prior to Commercial Operation, delivery of a Completion Certificate is conditional upon receipt by the Issuer and the Trustee of a certificate of an independent engineer that continuation of construction is not feasible under the circumstances. Section 4.05. Issuer Not Responsible. The Issuer shall not be responsible or liable in any manner for any claims, losses, damages, penalties, costs, taxes or fines with respect to the acquisition, construction, improving, equipping, furnishing, installation, operation, maintenance or ownership of the Project. Section 4.06. Insurance. Subject to the provisions of Section 4.08 hereof, the Company agrees at all times during the Lease Term to maintain, or cause to be maintained, all necessary insurance with respect to the Project in accordance with customary insurance practices, which may include coverage under EPC's insurance policies. All costs of maintaining insurance with respect to the Project shall be paid or caused to be paid by the Company, and neither the Issuer nor the Trustee shall have any obligation or liability in this regard. All such insurance shall designate the Trustee as loss payee and an additional insured, and the Trustee shall receive insurance accord documents so notating and shall be provided with advance knowledge of termination by the Company. The Company shall provide all notices, accord documents and other related documents to the Trustee. The Trustee shall have no duty to assure the maintenance, existence or sufficiency of such insurance. Section 4.07. Maintenance and Repair; Remodeling. Subject to the provlSlons of Section 4.08 hereof, the Company agrees that at all times during the Lease Term it will (a) maintain, or cause to be maintained, the Project in as reasonably safe condition as its operations shall permit and (b) maintain, or cause to be maintained, the Project in good repair and in good operating condition, ordinary wear and tear excepted, making from time to time all necessary repairs thereto and renewals and replacements thereof. All costs of operating and maintaining the Project shall be paid or caused to be paid by the Company, and the Issuer shall have no obligation or liability in this regard. It is understood and agreed that the Issuer shall have no duties or responsibilities whatsoever with respect to the operation or maintenance of the Project, or the performance of the Project for its designed purposes. After the Completion Date, the Company may at its own expense cause the Project to be remodeled or cause substitutions, modifications and 4834-8191-0786.7 27