of Exhibits and Schedules. The Exhibits and Schedules
identified in this Agreement are incorporated herein by reference and made a
part hereof.
(r) Entire Agreement. THIS AGREEMENT (INCLUDING THE DOCUMENTS REFERRED TO
HEREIN) CONSTITUTES THE ENTIRE AGREEMENT AMONG THE PARTIES AND SUPERSEDES ANY
PRIOR UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS BY OR AMONG THE PARTIES,
WRITTEN OR ORAL, TO THE EXTENT THEY HAVE RELATED IN ANY WAY TO THE SUBJECT
MATTER HEREOF.
(s) Limitations of Representations and Warranties. EXCEPT FOR THE EXPRESS
REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER PARTY IS
MAKING ANY OTHER REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL, STATUTORY,
EXPRESS OR IMPLIED, CONCERNING ANY OF THE ASSETS, LIABILITIES, AND ENTITIES
BEING TRANSFERRED PURSUANT TO THIS AGREEMENT, AND EACH PARTY HEREBY EXPRESSLY
DISCLAIMS RELIANCE ON ANY REPRESENTATIONS OR WARRANTIES (WRITTEN OR ORAL,
STATUTORY, EXPRESS OR IMPLIED) OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS
AGREEMENT.
[The next page is the signature page.]
21
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first set forth in the preamble.
DYNEGY INC.
By:
/s/ Lynn A. Lednicky
Name:
Lynn A. Lednicky
Title:
President
LS POWER ASSOCIATES, L.P.
By:
/s/ John T. King
Name:
John T. King
Title:
Vice
President
[Dissolution Agreement Signature Page]