Common use of Assignment by Supplier Clause in Contracts

Assignment by Supplier. Except as set forth in Section 14.4, Supplier shall not, without the prior written consent of Host, assign this Agreement, in whole or in part; provided, Host’s consent to an assignment by Supplier of any of its rights (and/or a delegation of any of its obligations) shall not be unreasonably withheld, delayed or conditioned if Host has been provided with reasonable proof that the proposed assignee: (a) has comparable experience in operating and maintaining a solar electric generating Systems similar to the System; and (b) has the financial capability to maintain the System in the manner required by this Agreement and to perform the obligations under this Agreement; and provided, further, that without the prior consent of Host, Supplier may assign this Agreement to an Affiliate of Supplier. Any assignment shall be conditioned upon the assignee explicitly assuming all of Supplier’s obligations under this Agreement. Neither the consent of Host to an assignment, nor the references in this Agreement to assignees or successors, shall in any way be construed to relieve Supplier (in the event of a partial assignment) or any assignee of the requirement of obtaining the consent of Host to any further assignment of this Agreement. Supplier shall deliver to Host thirty days’

Appears in 2 contracts

Sources: Commercial Power Purchase Agreement, Commercial Power Purchase Agreement