Common use of Customer Assignment to Third Party Clause in Contracts

Customer Assignment to Third Party. Customer shall not assign any of its rights or obligations as to the respective Terminal hereunder or under a Terminal Service Order without Provider’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however; that Customer may assign this Agreement as to the respective Terminal, without Provider’s consent, in connection with a sale by Customer of the respective Refinery (as applicable) so long as the transferee: (i) agrees to assume all of Customer’s obligations under this Agreement as to such respective Terminal; and (ii) is financially and operationally capable of fulfilling the terms of this Agreement as to such respective Terminal, which determination shall be made by Customer in its reasonable judgment.

Customer Assignment to Third Party. Customer shall not assign any of its rights or obligations as to the respective Terminal hereunder or under a Terminal Service Order without Provider’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however; , that Customer may assign this Agreement as to the respective Terminal, without Provider’s consent, consent (a) to an affiliate; provided such assignment shall not relieve Customer of its obligations under this Agreement or (b) in connection with a sale by Customer of the respective a Refinery (as applicable) associated with one of Provider’s Terminals so long as the transferee: (i) agrees to assume all of Customer’s obligations under this Agreement as with respect to such respective Terminalthe associated Terminal(s); and (ii) is financially and operationally capable of fulfilling the terms of this Agreement as to such respective TerminalAgreement, which determination shall be made by Customer Provider in its reasonable judgment.