Appointment of Service Provider. Operator may appoint an unrelated third party, who is appropriately qualified, licensed, and financially responsible, to operate and maintain the Facilities throughout the Term (a “Service Provider”). Operator shall submit such appointment of any Service Provider to Owner for its prior written approval, which approval shall not be unreasonably withheld or delayed. Operator will procure that the Service Provider enters into a direct agreement in reasonably satisfactory form with Owner and/or Owner’s Lender if requested by Owner or Owner’s Lender. No such appointment nor the approval thereof by Owner, however, shall relieve Operator of any liability, obligation, or responsibility under this Agreement.
Appears in 2 contracts
Sources: Master Operation and Maintenance Agreement (Bloom Energy Corp), Master Operation and Maintenance Agreement (Bloom Energy Corp)