Common use of Additional Litigation to Defend Transition Property Clause in Contracts

Additional Litigation to Defend Transition Property. In addition to the above, the Servicer shall, at its own expense, institute any action or proceeding necessary to compel performance by the PUCT or the State of Texas of any of their respective obligations or duties under the Securitization Law or the Financing Order with respect to the Transition Property, and to compel performance by REPs with any of their respective obligations or duties under the Tariff or any agreement with the Servicer entered into pursuant to the Tariff. In any proceedings related to the exercise of the power of eminent domain by any municipality to acquire a portion of AEP Texas’ electric distribution facilities, the Servicer shall assert that the court ordering such condemnation must treat such municipality as a successor to AEP Texas under the Securitization Law and Financing Order.

Additional Litigation to Defend Transition Property. In addition to the above, the Servicer shall, at its own expense, institute any action or proceeding necessary to compel performance by the PUCT or the State of Texas of any of their respective obligations or duties under the Securitization Law Financing Act or the Financing Order with respect to the Transition Property, and to compel performance by any future REPs with any of their respective obligations or duties under the Tariff any Tariffs or any agreement with the Servicer entered into pursuant to the Tariffsuch Tariffs. In any proceedings related to the exercise of the power of eminent domain by any municipality to acquire a portion of AEP Texas’ ETI’s electric distribution facilities, the Servicer shall assert that the court ordering such condemnation must treat such municipality as a successor to AEP Texas ETI under the Securitization Law Financing Act and the Financing Order.