Common use of Assignment by Lessee/Owner Parties Clause in Contracts

Assignment by Lessee/Owner Parties. (a) Without the prior written consent of the other Lessee/Owner Parties (which consent shall not be unreasonably withheld, delayed or conditioned), no Lessee/Owner Party may assign this Agreement or assign its rights or delegate its duties hereunder except (i) in the case of WEPCO or MGE, to (x) ERGS or MGE Power, respectively, or (y) an Acceptable Assignee (as defined in the applicable Facility Lease as of its execution) that is its transferee pursuant to and under the WEPCO Facility Lease or MGE Facility Lease, respectively; and (ii) in the case of WPPI, to a party that is its transferee as permitted by Article XIII of the Ownership Agreement. (b) In the case of any transfer by (i) WEPCO or MGE under their respective Facility Leases, or (ii) WPPI under the Ownership Agreement, the transferor shall require in connection with such transfer that its transferee execute a counterpart of this Agreement to evidence its assent hereto. Upon such execution, the transferring Party shall be released from its obligations hereunder, except for any obligations that survive termination of this Agreement.

Appears in 2 contracts

Sources: Operating and Maintenance Agreement (Mge Energy Inc), Operating and Maintenance Agreement (Madison Gas & Electric Co)

Assignment by Lessee/Owner Parties. (a) Without the prior written consent of the other Lessee/Owner Parties (which consent shall not be unreasonably withheld, delayed or conditioned), no Lessee/Owner Party may assign this Agreement or assign its rights or delegate its duties hereunder except (i) in the case of WEPCO or MGE, to (x) ERGS or MGE Power, respectively, or (y) an Acceptable Assignee (as defined in the applicable Facility Lease as of its execution) that is its transferee pursuant to and under the WEPCO ▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇ Facility Lease or Lease, MGE Facility Lease, respectivelyor such other agreement as may be applicable; and (ii) in the case of WPPI, to a party that is its transferee as permitted by Article XIII of the Ownership Agreement. (b) In the case of any transfer by (i) WEPCO or MGE under their respective Facility Leases, or (ii) WPPI under the Ownership Agreement, the transferor shall require in connection with such transfer that its transferee execute a counterpart of this Agreement to evidence its assent hereto. Upon such execution, the transferring Party shall be released from its obligations hereunder, except for any obligations that survive termination of this Agreement.

Appears in 1 contract

Sources: Operating and Maintenance Agreement (Madison Gas & Electric Co)