Common use of Assignment by the Department Clause in Contracts

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: (a) without the Development Entity’s consent, to any other Governmental Entity of the Commonwealth that: (i) succeeds to the governmental powers and authority of the Department, including the power and authority to request appropriations; and (ii) has the sources of funding for the Milestone Payments and the Monthly Payments that are at least as adequate and secure as the Department’s at the time of the assignment; and (b) to others with the prior written consent of Development Entity.

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, Construction Security, guarantees, letters of credit and other security for payment or performance: (a) without the Development Entity’s consent, to any other Governmental Entity of the Commonwealth that: (i) succeeds to the governmental powers and authority of the Department, including the power and authority to request appropriations; and (ii) has the sources of funding for the Milestone Payments and the Monthly Availability Payments that are at least as adequate and secure as the Department’s at the time of the assignment; and (b) to others with the prior written consent of Development Entity.