Assignment by the Department. The Department may assign all or any portion of its rights, title and interests in and to this PPA, the Project, the Project Sites, the CNG Facilities, appropriations, Project Documents, guarantees, letters of credit and other security for payment or performance:
Assignment by the Department. The Department may, subject to giving the Concessionaire not less than 90 Days prior written notice or as required by Law, transfer and assign its interests, in whole or in part, in the Project, this Agreement and any other Project Agreements to any other public agency or public entity of the State as permitted by Law; provided, that the assignee (a) has assumed all of the Department’s obligations, duties and liabilities pursuant to this Agreement and the Project Agreements then in effect and has provided the Concessionaire with reasonable assurance of its legal authority and sufficient financial resources to honor and perform same and (b) will not be required to have financial resources in excess of those then available to the Department.
Assignment by the Department. The Department may assign all or part of its right, title, and interest in and to this Agreement, including rights with respect to the Surety Bonds and any other performance security provided (including Guaranty/ies][NTD: delete if no Guaranty], to any Person.
Assignment by the Department. The Department may assign all or any portion of its rights, title and interests in and to the Contract Documents, Payment Security and Performance Security(s), guarantees, letters of credit and other security for payment or performance: (a) without Developer’s consent, to any other Person that succeeds to the governmental powers and authority of the Department; (b) without Developer’s consent, to any bond trustee solely as security on condition that the Department shall remain fully liable for its obligations hereunder despite such assignment for security; and (c) to others with the prior written consent of Developer provided, however, that for any assignment under this Section 23.2, the Department’s assignee shall have a credit rating equal to or better than the Department’s rating at the time of the assignment as measured by a nationally recognized rating agency. Any sale, assignment, conveyance, transfer, pledge, mortgage, encumbrance or grant of other special occupancy or use in violation of this provision shall be null and void ab initio.
Assignment by the Department. The rights of the Department under this contract shall not be assignable to any other entity or agency of the Department or State without prior notice to and the consent by the plan. The plan shall not unreasonably withhold its consent.
Assignment by the Department. The Department may transfer or assign this Contract and its rights and obligations herein to a successor or purchaser of the Buildings or an interest therein.
