Common use of Assignment, Lease or Sale Clause in Contracts

Assignment, Lease or Sale. This Water has been made available to Lessee for the use described in Section 5 above. It is the intent of the Parties that this Water shall be used solely for that purpose. Lessee may assign this Agreement for the use of the Water for the purpose described in Section 5 above, without obtaining the prior written approval of Clear Creek, provided that (a) the assignment is in the form of the assignment and assumption template attached hereto as Exhibit 5, (b) Lessee records the executed assignment in the official records of the Clerk and Recorder of Clear Creek County promptly after the Lessee’s conveyance of the property benefitted by this Agreement to the assignee, and (c) Lessee provides a copy of the fully executed and recorded assignment to Clear Creek within thirty (30) days of the conveyance of the property benefitted by this Agreement. However, any assignment of this Agreement or any rights of Lessee thereunder for use of Water for purposes other than those specified in Section 5 is prohibited and shall be deemed void unless consented to in advance, in writing, by Clear Creek, which consent may be granted or refused at Clear Creek’s sole discretion. Even if an assignment is made with such consent, Lessee shall remain bound by the terms of this Agreement, and shall remain responsible for all obligations to Clear Creek hereunder, unless it is expressly released, in writing, by Clear Creek. All sales, leases and subleases by Lessee of water delivered under this Agreement are prohibited. Any violation of this Section by Lessee will be deemed a material breach of this Agreement terminating this Agreement without notice or opportunity to cure.

Appears in 1 contract

Samples: And Basin Wide Augmentation Plan Participation Agreement

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Assignment, Lease or Sale. This Water has been made available to Lessee for the use described in Section 5 aboveExhibit 1. It is the intent of the Parties that this Water shall be used solely for that purposethe identified uses on the Property. Lessee may assign this Agreement for the use of the Water for the purpose described in Section 5 aboveExhibit 1, without obtaining the prior written approval of Clear Creek, provided that (a) the assignment is in the form of the assignment and assumption template attached hereto as Exhibit 54, (b) Lessee records the executed assignment in the official records of the Clerk and Recorder of Clear Creek County promptly after the Lessee’s conveyance of the property Property benefitted by this Agreement to the assignee, and (c) Lessee provides a copy of the fully executed and recorded assignment to Clear Creek within thirty (30) days of the conveyance of the property Property benefitted by this Agreement. However, any assignment of this Agreement or any rights of Lessee thereunder for use of Water for purposes uses other than those specified in Section 5 Exhibit 1 is prohibited and shall be deemed void unless consented to in advance, in writing, by Clear Creek, which consent may be granted or refused at Clear Creek’s sole discretion. Even if an assignment is made with such consent, Lessee Xxxxxx shall remain bound by the terms of this Agreement, and shall remain responsible for all obligations to Clear Creek hereunder, unless it is expressly released, in writing, by Clear Creek. All sales, leases and subleases by Lessee of water delivered under this Agreement are prohibited. Any violation of this Section by Lessee will be deemed a material breach of this Agreement terminating this Agreement without notice or opportunity to cure.

Appears in 1 contract

Samples: Plan Participation Agreement

Assignment, Lease or Sale. This Water has been made available to Lessee for the use uses described in Section 5 aboveExhibit 1. It is the intent of the Parties that this Water shall be used solely for that purposethe identified uses on the Property. Lessee may assign this Agreement for the use of the Water for the purpose described in Section 5 aboveExhibit 1, without obtaining the prior written approval of Clear Creek, provided that (a) the assignment is in the form of the assignment and assumption template attached hereto as Exhibit 5, (b) Lessee records the executed assignment in the official records of the Clerk and Recorder of Clear Creek County promptly after the LesseeXxxxxx’s conveyance of the property benefitted by this Agreement to the assignee, and (c) Lessee Xxxxxx provides a copy of the fully executed and recorded assignment to Clear Creek within thirty (30) days of the conveyance of the property benefitted by this Agreement. However, any assignment of this Agreement or any rights of Lessee thereunder for use of Water for purposes other than those specified in Section 5 Exhibit 1 is prohibited and shall be deemed void unless consented to in advance, in writing, by Clear Creek, which consent may be granted or refused at Clear Creek’s sole discretion. Even if an assignment is made with such consent, Lessee Xxxxxx shall remain bound by the terms of this Agreement, and shall remain responsible for all obligations to Clear Creek hereunder, unless it is expressly released, in writing, by Clear Creek. All sales, leases and subleases by Lessee of water Water delivered under this Agreement are prohibited. Any violation of this Section by Lessee will be deemed a material breach of this Agreement terminating which shall terminate this Agreement without notice or an opportunity to cure.

Appears in 1 contract

Samples: Augmentation Plan Participation Agreement

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Assignment, Lease or Sale. This Water has been made available to Lessee for the use uses described in Section 5 aboveExhibit 1. It is the intent of the Parties that this Water shall be used solely for that purposethe identified uses on the Property. Lessee may assign this Agreement for the use of the Water for the purpose described in Section 5 aboveExhibit 1, without obtaining the prior written approval of Clear Creek, provided that (a) the assignment is in the form of the assignment and assumption template attached hereto as Exhibit 5, (b) Lessee records the executed assignment in the official records of the Clerk and Recorder of Clear Creek County promptly after the Lessee’s conveyance of the property benefitted by this Agreement to the assignee, and (c) Lessee Xxxxxx provides a copy of the fully executed and recorded assignment to Clear Creek within thirty (30) days of the conveyance of the property benefitted by this Agreement. However, any assignment of this Agreement or any rights of Lessee thereunder for use of Water for purposes other than those specified in Section 5 Exhibit 1 is prohibited and shall be deemed void unless consented to in advance, in writing, by Clear Creek, which consent may be granted or refused at Clear Creek’s sole discretion. Even if an assignment is made with such consent, Lessee Xxxxxx shall remain bound by the terms of this Agreement, and shall remain responsible for all obligations to Clear Creek hereunder, unless it is expressly released, in writing, by Clear Creek. All sales, leases and subleases by Lessee of water Water delivered under this Agreement are prohibited. Any violation of this Section by Lessee will be deemed a material breach of this Agreement terminating which shall terminate this Agreement without notice or an opportunity to cure.

Appears in 1 contract

Samples: Augmentation Plan Participation Agreement

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