Assignment by Service Provider. Service Provider without the consent of the Company may assign its rights and obligations under this Agreement to any subsidiary, affiliate or successor by merger or consolidation upon written notice to Company. The Company may not assign its rights and obligations under this Agreement without the written consent of Service Provider.
Assignment by Service Provider. (a) Except as expressly permitted by this agreement, the Service Provider must not assign any right, title, benefit or interest in, or transfer or novate any obligation, duty or liability under, this agreement to any person without:
(i) the Customer's prior written consent, such consent not to be unreasonably withheld or delayed; and
(ii) the proposed assignee, transferee or novatee:
A. having the technical, operational and financial resources to meet the Service Provider's obligations under this agreement;
B. entering into an agreement with the ‘Transporter’ under the GTA, on terms acceptable to the Customer, that will ensure the seamless operation of the GTA and this agreement; and
C. entering into a deed pursuant to which it agrees to assume, and be bound by and perform, the obligations, duties and liabilities of the Service Provider under this agreement.
(b) The Service Provider may assign any right, title, benefit or interest in or transfer or novate any obligation, duty or liability under, this agreement without the Customer’s consent if the proposed assignee, transferee or novatee:
(i) is a Related Body Corporate of the Service Provider;
(ii) has the technical, operational and financial resources to meet the Service Provider’s obligations under this agreement; and
(iii) enters into a deed pursuant to which it agrees to assume, and be bound by and perform, the obligations, duties and liabilities of the Service Provider under this agreement.
Assignment by Service Provider. 7.4.1 Except as set forth in Section 7.4.2, neither this Agreement nor any of the rights, interests or obligations under this Agreement may be assigned by the Service Provider, in whole or in part.
7.4.2 The Service Provider may, subject to compliance with Applicable Law and provided that there is no Event of Default by the Service Provider that has not been remedied, assign this Agreement without the consent of the IESO to an Affiliate acquiring the rights to operate the Demand Response Resource; provided, however, that no such assignment by the Service Provider or any of its successors or permitted assigns hereunder shall be valid or effective unless and until such Affiliate agrees with the IESO in writing to assume all of the Service Provider’s obligations and be bound by the terms of this Agreement.
Assignment by Service Provider. (a) Service Provider may, without the consent of User, assign the whole or any part of its rights under this Agreement to any transferee of an interest in the Pipeline System. The assignment will not be effective until the assignee executes a deed of covenant in favour of User agreeing to be bound by this Agreement.
(b) Where Service Provider has made an assignment under clause 33.1(a), Service Provider will be released from its obligations under this Agreement (other than accrued obligations) to the extent of the assignment as from the date of assignment.
(c) Service Provider may, with the consent of User (which consent will not be unreasonably withheld), assign the whole or any part of its rights under this Agreement to any person other than a transferee of an interest in the Pipeline System.
Assignment by Service Provider. Either Party may not assign its rights and obligations under this Agreement to any subsidiary, affiliate, or successor by merger or consolidation without the written consent of the other Party.
Assignment by Service Provider. Service Provider shall have the right to assign or transfer its interest in this Agreement with UTOPIA’s prior written consent which shall not be unreasonably withheld, conditioned or delayed, provided that any assignee or transferee hereunder:
a. assumes all of Service Provider’s obligations under this Agreement;
b. holds all necessary government authorizations, certifications and permits to provide Services in the State of Utah; and
c. in the reasonable judgment of UTOPIA, possesses sufficient financial, managerial and technical capacity to perform under the terms and conditions of this Agreement.
d. An assignment or transfer of Service Provider’s interest in this Agreement in violation of this Section, at UTOPIA’s option, shall be void, or, give UTOPIA, in its sole discretion the right to declare a termination of this Agreement.
Assignment by Service Provider. 29.3.1 The Service Provider may not assign any of its rights or obligations under this agreement without the prior consent of DFAT (which may provided or withheld in the absolute discretion of DFAT).
Assignment by Service Provider. Each Party may assign its rights and obligations under this Agreement to any subsidiary, affiliate or successor by merger or acquisition upon written notice to, but without the consent of, the other Party, provided each Party maintains comparable capabilities to fulfill its obligations hereunder.
Assignment by Service Provider. Neither Party to this Agreement may assign this Agreement without the prior written consent of the other Party, and any attempted assignment without such consent shall be null and void; provided, however, a change in control of either Party shall not constitute an assignment of this Agreement, and either Party may assign its rights and obligations under this Agreement to any subsidiary, affiliate or successor by merger or consolidation upon written notice to the other Party.
Assignment by Service Provider. Notwithstanding the provisions of Section 13.6(a): (i) with the prior written consent of the Company (which the Company shall not unreasonably condition, withhold or delay), Service Provider may assign Service Provider’s rights and obligations hereunder to an Affiliate of Service Provider, provided that no such assignment shall relieve Service Provider of any duty, liability or responsibility under this Agreement (for all of which the Service Provider shall remain primarily liable) and (ii) without the prior written consent of but upon notice to the Company following closing of such transaction, Service Provider may assign this Agreement to a Person other than a Direct MSHS Competitor that succeeds to Service Provider’s business through a sale, merger, consolidation, corporate reorganization, sale of all or substantially all of Service Provider’s assets, change of name or like event and that assumes the obligations of the Service Provider hereunder (and upon an assignment and assumption described in this Section 13.6(b)(ii) Service Provider shall be relieved of any further obligation hereunder).
