Common use of Lease of Partner's Project Clause in Contracts

Lease of Partner's Project. Any Partner or Partner Affiliate may lease its interest in a Project under a lease and related documents (collectively, a "Lease") pursuant to which such Partner's or such Partner Affiliates lessee agrees, among other things, to operate the Project (or interest therein) in a manner such that the Project will retain its character as a Qualifying Facility, and to assume and discharge all of the Partner's obligations under this Agreement, its Fee Agreement and its Technical Use Agreement. Such Partner or such Partner Affiliate shall, and shall be entitled to, grant to the lessee pursuant to such Lease a license to utilize such Partner's right to use the Transmission Line for the Project (or interest therein) subject to the Lease and to assign its obligations under this Agreement, its Fee Agreement and its Technical Use Agreement, for a term coextensive with the term of the Lease. During the term of any such Lease, Manager shall look to the lessee for the payment and discharge of such Partner's obligations which have been assigned to and assumed by such lessee. A partner shall give prompt written notice to the Partnership and the Manager of the making and expiration or earlier termination of any Lease. The Manager shall give prompt written notice to the affected Partner if any lessee defaults in the payment and discharge of any assumed obligation, and such Partner shall not be considered in default of such obligations hereunder if such default is cured within sixty (60) days of receipt of such notice from the Manager.

Appears in 2 contracts

Sources: Sagebrush Management and Maintenance Agreement (Zond Windsystem Partners LTD Series 85-B), Sagebrush Management and Maintenance Agreement (Zond Windsystem Partners LTD Series 85-A)

Lease of Partner's Project. Any Partner or Partner Affiliate may lease its interest in a Project under a lease and related documents (collectively, a "Lease") pursuant to which such Partner's or such Partner Affiliates Affiliate's lessee agrees, among other things, to operate the Project (or interest therein) in a manner such that the Project will retain its character as a Qualifying Facility, and to assume and discharge all of the Partner's monetary obligations under this Agreement, its Fee Agreement and its Technical Use Amended Agreement. Such Partner Partner, or such Partner Affiliate Affiliate, shall, and shall be entitled to, grant to the lessee pursuant to such Lease a license to utilize such Partner's right to use interest in the Transmission Line for the Project (or interest therein) subject to the Lease and to assign its obligations under this the Management and Maintenance Agreement, its Fee Agreement and its Technical Use Agreement, for a term coextensive with the term of the Lease. During the term of any such Lease, Manager the other Partners and the Partnership shall look to the lessee for the payment and discharge of such Partner's monetary obligations which have been assigned to and assumed by such lessee. A partner Partner shall give prompt written notice to the Partnership and the Manager of the making and expiration or earlier termination of any Lease. The Manager Partnership shall give prompt written notice to the affected Partner if any lessee defaults in the payment and discharge of any assumed obligation, and such Partner shall not be considered in default of such obligations hereunder if such default is cured within sixty (60) days of receipt of such notice from the ManagerPartnership. No such lease, or any license granted or assumption of obligations contained therein, shall constitute a transfer of any interest in the Partnership, not of any right, title or interest of the Partner in any assets of the Partnership or under this Amended Agreement, other than the license to the use of the Transmission Line referred to above.

Appears in 2 contracts

Sources: General Co Ownership Partnership Agreement (Zond Windsystem Partners LTD Series 85-A), General Co Ownership Partnership Agreement (Zond Windsystem Partners LTD Series 85-B)