IN RESPECT OF WHICH, BUT
FOR THIS SENTENCE, THE INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT
WOULD APPLY TO THE EXTENT THAT THE INDEMNIFYING PARTY WOULD RECEIVE INSURANCE
PROCEEDS IN RESPECT OF SUCH CLAIM FOR INDEMNIFICATION.
21.7 WARRANTY DISCLAIMERS. EACH PARTY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT
IT HAS ENTERED INTO THIS AGREEMENT AND WILL BE RECEIVING (IN THE CASE OF LCC)
ELECTRICITY AND STEAM AND (IN THE CASE OF CLI) GASEOUS WASTE FUEL AND LCC
NATURAL GAS DELIVERIES BASED SOLELY ON THE EXPRESS REPRESENTATIONS AND
WARRANTIES IN THIS AGREEMENT (IF ANY) AND THAT THERE ARE NO REPRESENTATIONS OR
WARRANTIES THAT EXTEND BEYOND THOSE IN THIS AGREEMENT. SUBJECT TO THE EXPRESS
REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT (IF ANY), LCC ACCEPTS ALL
ELECTRICITY AND STEAM PROVIDED UNDER THIS AGREEMENT, AND CLI ACCEPTS ALL GASEOUS
WASTE FUEL AND LCC NATURAL GAS DELIVERIES PROVIDED UNDER THIS AGREEMENT, "AS IS"
AND "WITH ALL FAULTS." THE PARTIES DISCLAIM AND WAIVE ANY OTHER REPRESENTATIONS
OR WARRANTIES WITH RESPECT TO THE ELECTRICITY, STEAM, GASEOUS WASTE FUEL AND LCC
NATURAL GAS DELIVERIES PROVIDED UNDER THIS AGREEMENT, WHETHER WRITTEN OR ORAL,
EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT TO
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
21.8 Exchanged Information. Each Party (the "Providing Party") expressly
disclaims, and the other Party (the "Obtaining Party") confirms that neither it
nor any Member of its Group is taking any actions (including entering into this
Agreement) in reliance upon, any representations or warranties, express or
implied, from the Providing Party or any of Member of its Group as to the
adequacy, accuracy or completeness of, or otherwise in respect of, any of the
information (whether written or oral) provided or made available to, or jointly
developed with, the Obtaining Party or any Member of its Group (including any
projections or estimates contained therein) from time to time before and on the
Execution Date, including the due diligence report prepared jointly by the
Parties prior to the Execution Date and any consensus reached, ideas discussed,
solutions considered or statements made by the Operating Committee or any member
thereof (collectively, the "Exchanged Information"). Each Party represents and
warrants that it and its Group are sophisticated and experienced in matters
relating to the subject of the Exchanged Information and have made their own
independent evaluation of the Exchanged Information based on their own judgment.
Any actions taken by a Party or any of its Group in reliance on the Exchanged
Information shall be at its own risk, and the provision or receipt of the
Exchanged Information shall not limit, otherwise relieve or otherwise affect any
of
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the Parties' obligations under this Agreement. The representations and
warranties expressly set forth in this Agreement, the CLI Site Lease or the
Services Agreement shall not be considered Exchanged Information.
21.9 COVENANT NOT TO SUE. EACH PARTY HEREBY EXPRESSLY WAIVES AND AGREES NOT TO
ASSERT, AND SHALL CAUSE ITS GROUP NOT TO ASSERT, ANY RIGHTS, REMEDIES OR
RECOURSE AGAINST THE OTHER PARTY OR ITS GROUP