Rights to Enforce. Project Co has assigned its interest in the Construction Contract to Lender as security for the Financing. Such assignment includes all of Project Co’s Enforcement Rights in order that Lender may enforce the provisions of the Construction Contract as against Contractor in the event of any default under the Construction Contract subject to and in accordance with the provisions of the Lender’s Direct Agreement. Project Co and Contractor acknowledge and agree that Hospital shall, subject to ▇▇▇▇▇▇’s prior security interest therein and subject to and in accordance with the terms of the Lender’s Direct Agreement, be entitled to exercise all of Project Co’s rights and enforce all of Contractor’s covenants and obligations in accordance with the terms of the Construction Contract.
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Rights to Enforce. Project Co has assigned its interest in the Construction Contract to Lender as security for the Financing. Such assignment includes all of Project Co’s Enforcement Rights in order that Lender may enforce the provisions of the Construction Contract as against Contractor in the event of any default under the Construction Contract subject to and in accordance with the provisions of the Lender’s Direct Agreement. Project Co and Contractor acknowledge and agree that Hospital shall, subject to ▇▇▇▇▇▇Lender’s prior security interest therein and subject to and in accordance with the terms of the Lender’s Direct Agreement, be entitled to exercise all of Project Co’s rights and enforce all of Contractor’s covenants and obligations in accordance with the terms of the Construction Contract.
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Sources: Project Agreement