Common use of Agreement Not for the Benefit of Other Parties Clause in Contracts

Agreement Not for the Benefit of Other Parties. (a) Except as set forth in clause (b) of this Section 10.05, this PFS Contract is not intended for the benefit of and shall not be construed to create rights in parties other than the Commonwealth, JVS, SFI, SFMA, the Independent Evaluator and JFF. (b) The Commonwealth acknowledges that SFMA will collaterally assign the right to payment set forth in this PFS Contract to its Funding Partners (together with their successors and assigns, the “Assignees”) as collateral for the obligations of SFMA to the Assignees, and the Commonwealth hereby consents to such collateral assignment. The Commonwealth agrees that no amendment to this PFS Contract that affects the amount or timing of Success Payments hereunder shall be valid without the prior written consent of each Assignee. Each Assignee shall be a third party beneficiary of the Success Payment provisions of this PFS Contract and shall be entitled to enforce the payment provisions hereof.

Agreement Not for the Benefit of Other Parties. (a) Except as set forth in clause (b) of this Section 10.05, this PFS Contract is not intended for the benefit of and shall not be construed to create rights in parties other than the Commonwealth, JVSYSI, SFI, SFMARoca, the Independent Evaluator Evaluator, and JFFthe Independent Validator. (b) The Commonwealth acknowledges that SFMA will YSI has collaterally assign assigned the right to payment set forth in this PFS Contract to its Funding Partners Lenders (together with their successors and assigns, the “Assignees”) as collateral for the obligations of SFMA YSI to the Assignees, and the Commonwealth hereby consents to such collateral assignment. The Commonwealth agrees that no amendment to the payment provisions of this PFS Contract that affects and no consent or waiver to the amount or timing of Success Payments payment provisions by YSI hereunder shall be valid without the prior written consent of each Assignee. Each Assignee shall be a third party beneficiary of the Success Payment payment provisions of this PFS Contract and shall be entitled to enforce the payment provisions hereof.