Assignment to Owners. Transmission Owner and Project Developer may assign the NUCRA without the prior consent of any other party to the NUCRA to any Affiliate or person that purchases or otherwise acquires, directly or indirectly, all or substantially all of the Common Use Upgrades, provided that prior to the effective date of any such assignment, the assignee shall demonstrate that, as of the effective date of the assignment, the assignee has the technical and operational competence to comply with the requirements of this NUCRA and assumes in a writing provided to the Transmission Provider all rights, duties, and obligations of Project Developer arising under this NUCRA. However, any assignment described herein shall not relieve or discharge the Project Developer from any of its obligations hereunder absent the written consent of the Transmission Provider, such consent not to be unreasonably withheld, conditioned or delayed. Project Developer shall provide Transmission Provider with notice of any such assignment in accordance with the PJM Manuals. A party to this NUCRA may choose to enter a consent to assignment or other written agreement to effectuate an assignment allowed by section 4.2.1 of this Appendix 2. Consistent with Tariff, Part IX, section 1, Transmission Provider shall tender a consent to assignment agreement to the Project Developers. No later than fifteen (15) Business Days after Transmission Provider’s tender for execution of such agreement, the Project Developers shall either: (i) execute the agreement; or
Appears in 2 contracts
Sources: Network Upgrade Cost Responsibility Agreement, Network Upgrade Cost Responsibility Agreement
Assignment to Owners. Transmission Owner and Project Developer may assign the NUCRA without the prior consent of any other party to the NUCRA to any Affiliate or person that purchases or otherwise acquires, directly or indirectly, all or substantially all of the Common Use Upgrades, provided that prior to the effective date of any such assignment, the assignee shall demonstrate that, as of the effective date of the assignment, the assignee has the technical and operational competence to comply with the requirements of this NUCRA and assumes in a writing provided Transmission Owner and to the Transmission Provider all rights, duties, and obligations of Project Developer arising under this NUCRA. However, any assignment described herein shall not relieve or discharge the Project Developer from any of its obligations hereunder absent the written consent of the Transmission Provider, such consent not to be unreasonably withheld, conditioned or delayed. Project Developer shall provide Transmission Provider with notice of any such assignment in accordance with the PJM Manuals. A party to this NUCRA may choose to enter a consent to assignment or other written agreement to effectuate an assignment allowed by section 4.2.1 of this Appendix 2. Consistent with Tariff, Part IX, section 1, Transmission Provider shall tender a consent to assignment agreement to the Project Developers. No later than fifteen (15) Business Days after Transmission Provider’s tender for execution of such agreement, the Project Developers shall either: (i) execute the agreement; or
Appears in 1 contract